HomeMy WebLinkAboutAgenda Packet 2004/10/05
CITY COUNCIL AGENDA
October 5, 2004 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHUlA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's website at:
www.chulavistaca.gov
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Notice is hereby given that the Mayor of the City of Chula Vista has called and will convene a Special Meeting of
the City Council on Tuesday, October 5, 2004, immediately following the Regular City Council Meeting at 4:00
p.m., to be held in closed session in the Council Chambers, located at 276 Fourth Avenue, Chula Vista, California to
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Stephen C. Padilla, Mayor
CITY OF CHULA VISTA
SPECIAL MEETING OF THE CITY COUNCIL
AGENDA
COUNCIL CHAMBERS
276 FOURTH AVENUE
CHULA VISTA
October 5, 2004
4:00 P.M. (Immediately following the Regular Council Meeting)
CALL TO ORDER
ROLL CALL: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made
available by noon on Wednesday following the Council Meeting at
the City Attorney's office, in accordance with the Ralph M. Brown
Act (Government Code 54957.7).
1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· Worker's Compensation Appeals Board, Case no. SDO 0261226
ADJOURNMENT to the Regular Meeting of October 12, 2004, at 6:00 p.m., in the Council
Chambers.
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document on the bulletin board accordlnl to
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October 5, 2004
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the.
OUice of the City Clerk and that I posted this
document on the bulletin board according to
drown Act requirements. " _
AGENDA noled l0/&t Signed Jk
4. .
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY JIM SANDOV AL, DIRECTOR OF PLANNING AND
BUILDING, OF THE EMPLOYEES OF THE MONTH, RABBIA PHILLIPS,
SECRETARY AND DAI HOANG, PLANNING TECHNICIAN II
· PRESENTATION BY MAYOR PADILLA OF A PLAQUE FROM THE
INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS DESIGNATING CITY
CLERK BIGELOW AS A MASTER MUNICIPAL CLERK
· OATHS OF OFFICE:
John Nezozzi, International Friendship Commission
Patricia Desaracho (Castle Park High School), Youth Commission
Yazmin Desaracho (Castle Park Middle School), Youth Commission
· INTRODUCTION BY POLICE CHIEF EMERSON OF THE POLICE
DEPARTMENT'S NEW PRESS INFORMATION OFFICER, BERNARD GONZALES,
RECENTLY PROMOTED POLICE CAPTAINS, DON HUNTER AND GARY
WEDGE, AND POLICE RECRUIT, ELMAN GASHYMOV
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVE
BYERS, DIRECTOR OF PUBLIC WORKS OPERATIONS, DECLARING THE
WEEK OF OCTOBER 4 THROUGH OCTOBER 8, 2004 "CELEBRATE SAFE
DRIVING WITH YOUR EMPLOYEES" WEEK
CONSENT CALENDAR
(Items 1 through 9)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of September 7, 2004
and the Regular Meeting of September 14, 2004.
Staff recommendation: Council approve the minutes.
Page 1 - Council Agenda
October 5, 2004
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.02.030 RELATING
TO THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA
(SECOND READING)
Adoption of the proposed ordinance amends the disclosure categories as recommended
by the Fair Political Practices Commission. This ordinance was introduced at the regular
meeting of September 21,2004. (City Clerk, City Attorney)
Staff recommendation: Council adopt the ordinance.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004/2005 LIBRARY DEPARTMENT BUDGET
BY APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE AMOUNT
OF $5,000 FOR EXPENDITURES ASSOCIATED WITH TASTE OF THE ARTS
FESTWAL AND MUSIC IN THE PARK CONCERT SERIES (4/5THS VOTE
REQUIRED)
The Office of Cultural Arts received a Community Enhancement Program grant award in
the amount of$5,000 from the County of San Diego for the Taste of the Arts Festival and
Music In The Park Concert Series to be held during Spring/Summer 2005. (Assistant
City Manager Palmer)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004/2005 LIBRARY DEPARTMENT BUDGET
BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE
AMOUNT OF $10,000 FOR THE GLOBAL LANGUAGE MATERIALS GRANT
(4/5THS VOTE REQUIRED)
The Chula Vista Public Library recently received a one-time Library Services and
Technology Act (LSTA) grant from the California State Library in the amount of$lO,OOO
for fiscal year 2005. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
5A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004/2005 PUBLIC WORKS OPERATIONS
BUDGET BY APPROPRIATING $82,990 BASED ON UNANTICIPATED
REIMBURSEMENTS FROM THE SEWER FACILITIES REPLACEMENT FUND
FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AND APPROVING
ADDITIONAL STAFF FOR THE WASTEWATER MAINTENANCE SECTION OF
PUBLIC WORKS OPERATIONS (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004/2005 PUBLIC WORKS OPERATIONS
BUDGET BY APPROPRIATING $232,442 BASED ON UNANTICIPATED
REIMBURSEMENTS FROM THE SEWER FACILITIES REPLACEMENT FUND
FOR EQUIPMENT FOR THE WASTEWATER MAINTENANCE SECTION OF
PUBLIC WORKS OPERATIONS
Page 2 - Council Agenda October 5, 2004
PBS&J was hired to prepare an update to the City's Wastewater Master Plan, a
component of the City's on-going General Plan Update. Part of their initial findings was
that 200,000 linear feet of video inspections should be conducted annually in order to
determine the condition of the sewer system. Consequently, Public Works Operations is
now requesting a two-person crew and TV van to specifically video all the City's
wastewater lines. (Director of Public Works Operations)
Staff recommendation: Council continue this item to a future date.
6A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $35,000 FROM
PROJECT NO. STL-297, AMERICANS WITH DISABILITIES ACT (ADA) CURB
CUTS, FISCAL YEAR 2004/2005 TO PROJECT NO. STL-292, ADA CURB CUTS
PROGRAM, FISCAL YEAR 2003/2004, FOR UNANTICIPATED CHANGES IN
SCOPE OF WORK AND STAFF TIME EXPENSES INCURRED PRIOR TO AND
DURING CONSTRUCTION OF THE PROJECT (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDER NO. 1 FOR THE AMERICANS WITH
DISABILITIES ACT (ADA) CURB CUTS PROGRAM, FISCAL YEAR 2003/2004 IN
VARIOUS LOCATIONS IN THE CITY (PROJECT NO. STL-292) AND
AUTHORIZING THE DIRECTOR OF GENERAL SERVICES TO EXECUTE SAID
CHANGE ORDER ON BEHALF OF THE CITY
Adoption of the resolutions approves additional construction required for the Americans
with Disabilities Act (ADA) Curb Cuts Program to comply with new standards for
pedestrian ramps and bus stop area bench pads in various locations of the City. The
proposed resolutions also allow for the transfer of funds for unanticipated changes in
scope of work, and approve change order no. I for the project. (Director of General
Services, Director of Public Works Operations)
Staff recommendation: Council continue this item to a future date.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DESIGN BUILD AGREEMENT WITH ERICKSON-HALL
CONSTRUCTION CO. FOR THE PROVISION OF SERVICES REQUIRED TO
DESIGN AND CONSTRUCT HARBORSIDE PARK, LOCATED ON OXFORD
STREET IN WESTERN CHULA VISTA, AND AUTHORIZING THE TRANSFER OF
FUNDS FROM THE WESTERN CHULA VISTA INFRASTRUCTURE PROGRAM
(GG 188) TO THE HARBORSIDE PARK PROJECT (PR249), AS NEEDED TO BEGIN
THE DESIGN PHASE (4/5THS VOTE REQUIRED)
The City Council previously approved Capital Improvement Project No. PR249 and the
Master Plan for Harborside Park, which conceptually designed and provided for the
construction of a completed and fully functional park. The project is ready to begin the
design phase. (Director of General Services)
Staffrecommendation: Council adopt the resolution.
Page 3 - Council Agenda October 5, 2004
8A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE MEMORANDUM OF UNDERSTANDING WITH THE CHULA
VISTA POLICE OFFICER'S ASSOCIATION RELATED TO HEALTH BENEFITS,
AND APPROPRIATING FUNDS THEREFOR, BASED ON UNANTICIPATED
SALES TAX REVENUES (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE MEMORANDUM OF UNDERSTANDING WITH THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 2180 RELATED
TO HEALTH BENEFITS, AND APPROPRIATING FUNDS THEREFOR, BASED ON
UNANTICIPATED SALES TAX REVENUES (4/5THS VOTE REQUIRED)
City staff recently concluded negotiations with the Chula Vista Police Officer's
Association (POA) in response to a health care re-opener in their current memorandum of
understanding (MOD). The rising health care premium costs were at issue and staff is
recommending a number of changes to the current MOU with POA. Similar changes are
also being recommended to the MOU with the International Association of Fire Fighters
Local 2180. (Director of Human Resources)
Staff recommendation: Council adopt the resolutions.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2005 MANAGEMENT AND INFORMATION
SERVICES DEPARTMENT BUDGET BY DELETING ONE INFORMATION
SYSTEMS TECHNICIAN AND ONE DATA ENTRY OPERATOR II POSITION,
ADDING ONE GEOGRAPHIC INFORMATION SYSTEM (GIS) SPECIALIST
POSITION, AND TRANSFERRING $31,256 OF PERSONNEL SERVICES SAVINGS
TO THE DEPARTMENT'S SUPPLY AND SERVICE BUDGET TO INCREASE
FUNDING FOR ADDITIONAL AUTOMATION APPLICATIONS AND LICENSES
TO ADDRESS GROWTH AND ENHANCE EFFECTIVENESS (4/5THS VOTE
REQUIRED)
Adoption of the resolution eliminates two vacant clerical positions and adds one
Geographic Information Specialist to assist with the support of an increased demand for
GIS services. Also proposed is the transfer of $31, 256 to the Management and
Information Services Supplies and Services budget from personnel services savings to
offset increased costs related to growth for additional applications and licenses. (Director
of Management and Information Services)
Staffrecommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for fUture discussion or refer the matter to staff. Comments are limited to
three minutes.
Page 4 - Council Agenda October 5, 2004
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PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
10. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF LOCAL LAW
ENFORCEMENT BLOCK GRANT FUNDS
The Police Department recently received notice of a Local Law Enforcement Block Grant
(LLEBG) award in the amount of $65,624 from the Bureau of Justice Assistance (BJA).
These funds were allocated to the Police Department, based on a three-year average of
Part I Violent Crimes. These crimes include murder and non-negligent manslaughters,
forcible rape, robbery, and aggravated assaults, as reported by the FBI. Acceptance and
appropriation of these funds requires a public hearing per stipulations of the Local Law
Enforcement Block Grant. (Chief of Police)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $65,624 FROM THE 2004 LOCAL LAW ENFORCEMENT
BLOCK GRANT, AMENDING THE FISCAL YEAR 2004/2005 POLICE
BUDGET, AND APPROPRIATING $65,624 FOR OFFICER SAFETY
EQUIPMENT (4/5THS VOTE REQUIRED)
11. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING VARIOUS
CHAPTERS OF THE CITY'S MASTER FEE SCHEDULE
The Engineering Division and Public Works Operations Department recently completed a
comprehensive review of their elements of the Master Fee Schedule. The proposed fee
updates ensure that permit costs continue to be borne solely by those who enjoy their
benefit, while allowing the City to fully recoup the cost of providing the associated
services. Staff also recommends several textual changes to clarify and standardize the
hourly reimbursement language for deposit-based permits. (Director of General Services,
City Engineer)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTERS I (RECORDS, DOCUMENTS, RESEARCH AND
PROCESSING FEES), N (BUSINESS FEES), XI (ENGINEERING), AND XII
(ENGINEERING - SEWER) OF THE CITY'S MASTER FEE SCHEDULE
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
Page 5 - Council Agenda October 5, 2004
13. MAYOR'S REPORTS
14. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957. 7).
15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. ARB v Eastlake (SDSC #GIS15582)
16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
Agency negotiators: Steve Padilla, Sid Morris, David Huard, Elizabeth Wagner Hull
Negotiating Parties: City of Chu1a Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and tenns of ftanchise conveyance
17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03-
016)
ADJOURNMENT to the Regular Meeting of October 12,2004, at 6:00 p.m. in the Council
Chambers.
Page 6 - Council Agenda October 5, 2004
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
September 7, 2004 6:00 P.M.
An Adjourned Regular Meeting of the City Council was called to order at 6:13 p.m. in the
Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
ROLLCALL
PRESENT: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
ABSENT: Councihnembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
1. CONSIDERATION OF APPROVAL OF THE FIRE DEPARTMENT'S STRATEGIC
BUSINESS PLAN IN CONCEPT, AUTHORIZATION OF THE RELEASE OF A
REQUEST FOR PROPOSAL FOR A FIRE FACILITY MASTER PLAN STUDY, AND
APPROPRIATION OF $40,000 FOR AN ADVANCE LIFE SUPPORT AND
AMBULANCE TRANSPORT STUDY
On March 16, 2004, the City Council authorized the Fire Department to contract with
Weidner Consulting Inc. to develop a Strategic Business Plan. The plan internally aligns
staff resources and positions within the Fire Department to achieve mission-oriented
results. (Fire Chief)
Fire Chief Perry presented an overview of the departments' Strategic Business Plan for 2004
through 2010. He also acknowledged the Council; City Manager; Fire Department management,
personnel, and labor leadership; and Weidner Consulting Incorporated, the City's consultants, for
assistance with the project.
Local 2180 President Miller stated that the process was a collaborative effort between labor and
management, and the proposed plan is based upon the needs of constituents.
Fire Engineer Nash explained the process undertaken to develop the Strategic Plan. Deputy Fire
Chief Geering then enumerated the critical issues, such as growth, changing industry trends,
mandates, standards and requirements, a greater demand for accountability, technology
advancements, community changes, and staffing.
Fire Engineer Gregoire elaborated on the issues of growth, changing industry trends, mandates,
and standards and requirements. Local 2180 President Miller spoke regarding the greater
demand for accountability and technology advances. Fire Chief Perry discussed community
changes and the issue of staffing, recommending that staffbe added to support key programs.
/
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FIRE DEPARTMENT STRATEGIC PLAN (Continued)
Fire Engineer Gregoire spoke about the Fire Department's mission statement, and Deputy Fire
Chief Geering discussed the development of strategic goals that included a Class 1 ISO-rated
Fire Department, fire-based emergency medical services, response times, community risk
reduction, and training.
Deputy Fire Chief Peter indicated that by Fiscal Year 2006/2007, the City's residents and its
visitors will have available a full level of fire-based emergency medical services. He added that
staff s recommendation is to issue a request for proposals for an advanced life support and
ambulance transport study. Fire Chief Peter then explained the response time goals for fire
engines, first alarm assignment, advanced life support transport, and basic life support transport.
With regard to the community risk reduction goal, Fire Marshall Gibson recommended the
reinstatement of the position of Public Education Specialist. With regard to training, Battalion
Chief Hartman recommended the addition of one Training Captain, one Engineer, one Secretary,
and additional funding.
Administrative Services Manager Quilantan presented the proposed organization and
recommended the transfer of the disaster preparedness function and clerical support duties for
the International Friendship Commission from the Fire Department to another location.
Local 2180 President Miller introduced the various programs of the Strategic Plan, and the
following staff provided brief explanations and staff recommendations for each program:
);> Deputy Chief Peter - Administration. Staff s recommendation: add a second Battalion
Chief by July 2005 in the eastern portion of the City and a Senior Office Specialist
position.
);> Battalion Chief Hartman - Training Program. Staffs recommendation: add a Training
Captain, Training Engineer, Training Secretary, and additional training funds.
);> Deputy Chief Geering - Human Resources Program. Staffs recommendation: add one
Office Specialist position, conduct a bi-annual customer survey, and provide a
community outreach annual report, management training, individual performance plan
integration, employee performance recognition, and a wellness program.
);> Fire Engineer Nash - Facilities and Supply Programs. Staffs recommendation: add one
Facility and Supply Specialist position.
);> Fire Communications Manager Nasta - Information Technology Program to provide
data and voice communication services and Fire Communications Program that provides
911 call screening and dispatch services for the community. Staff's recommendation:
hire a Public Safety Analyst.
);> Deputy Fire Chief Peter - Fire and Rescue Program and Emergency Medical Program.
Staffs recommendation: continue a phased-in implementation plan for a Light and
Air/Rescue vehicle; release a request for proposals for an Emergency Medical Service
consultant to finalize the Advanced Life Support (ALS) and ambulance transport study;
and finalize the draft proposal to adjust the timeline of the Apparatus and Equipment
Replacement Program.
Page 2 - Council Minutes September 7,2004
FIRE DEPARTMENT STRATEGIC PLAN (Continued)
~ Fire Marshall Gibson - Public Education. Staff's recommendation: have a dedicated
public education program and re-instate the Public Education Specialist position.
Administrative Services Manager Quilantan discussed the next steps and provided a cost
summary to implement the Strategic Master Plan.
Deputy Mayor Salas asked how the community would benefit by the Department moving from a
Class 3 to a Class 1 status. Fire Chief Perry replied that constituents would see large savings,
including benefits to business and commercial areas, enhanced response times for residents, and
more favorable fire insurance options.
Councilmember Rindone stated that he would look forward to the results and recommendations
of the study.
Councilmember McCann commended the collaborative efforts between the labor and
management groups on the plan. He was pleased to observe a commitment to the training
component of the study, and commented that the proposed increase in the reserve fleet would be
an investment in public safety for the community.
Councilmember Davis stated that the City deserves a Class 1 status, which she believed would
increase economic development in the City.
ACTION: Mayor Padilla then offered Resolution No. 2004-290, heading read, text waived:
RESOLUTION NO. 2004-290, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FIRE
DEPARTMENT'S STRATEGIC BUSINESS PLAN IN CONCEPT,
AUTHORIZING RELEASE OF A REQUEST FOR PROPOSAL FOR A
FIRE FACILITY MASTER PLAN STUDY, APPROPRIATING $40,000
FOR AN ADVANCE LIFE SUPPORT AND AMBULANCE
TRANSPORT STUDY, AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENTS
The motion carried 5-0.
ORAL COMMUNICATIONS
Robin León spoke regarding the widespread Trader Joe's Companies that exist in the region and
expressed disappointment that company representatives had informed her that nothing is planned
for a location in Chula Vista. Mayor Padilla asked staff to contact Ms. León with the most
current and accurate information.
Lisa Cohen, representing Chula Vista Chamber of Commerce, thanked the Council for continued
support ofthe Celebrate Chula Vista event, to be held on September 11, 2004, from noon to 9:00
p.m., at Marina View Park. She stated that the opening ceremony would commemorate the
Police and Fire Departments in honor of the fallen heroes of September 11, 2001, followed by a
number of attractions, including live music and a fireworks finale. She invited all to attend the
event.
Page 3 - Council Minutes September 7, 2004
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CLOSED SESSION
2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6
. Agency designated representatives: Sharon Marshall, Marcia Raskin, David D.
Rowlands, Jr.
. Employee organization: Police Officers Association
No reportable action was taken on this item.
ADJOURNMENT
At 8:45 p.m., Mayor Padilla adjourned to an Adjourned Regular Meeting on September 9, 2004,
at 4:00 p.m., in the Council Chambers, and thence to the Regular Meeting of September 14, 2004
at 6:00 p.m. in the Council Chambers.
-~~-:;;::;'rr~
Susan Bigelow, MMC, City Clerk
Page 4 - Council Mioutes September 7, 2004
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 14, 2004 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor
Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATHS OF OFFICE:
Sherry Strothers - Veterans Advisory Commission
Kathleen Cien-Mayer - Parks and Recreation Commission
James Floros - Civil Service Commission
City Clerk Bigelow administered the oaths, and Deputy Mayor Salas presented each new
Commissioner with a certificate of appointment.
· INTRODUCTION BY CHIEF PERRY OF THE EMPLOYEE OF THE MONTH,
CHRIS HARROLD, FIRE FIGHTER
Fire Chief Perry introduced the employee of the month, Captain Chris Harrold. Mayor Padilla
then read the proclamation, and Deputy Mayor Salas presented it to Captain Harrold.
· INTRODUCTION BY ASSISTANT CITY MANAGER PALMER OF THE
LIBRARY'S TOP READERS FROM THE 2004 SUMMER READING PROGRAM
Assistant Library Director Paula Brown announced that over the summer, the Chula Vista
Library prepared 4,119 children to enter the new school year with top reading skills. She then
presented certificates of recognition to the top 6th grade and teen students from each of the
branch libraries.
· RECOGNITION BY COUNCILMEMBER MCCANN OF THE BONITA REBELS
UNDER 10 GIRLS FOR THEIR VICTORY AT THE HOTSPURS LABOR DAY
TOURNAMENT
Councilmember McCann recognized the Bonita Rebels Under 10 Girls Soccer Team on their
recent tournament victory.
Page 1 - Council Minutes / September 14, 2004
CONSENT CALENDAR
(Items 1 through 9)
Regarding Item 9, Mayor Padilla noted that a revised first amendment to the agreement with the
Eastlake Company regarding EastLake Village Center North was placed on the dais.
1. APPROVAL OF MINUTES of the Regular Meetings of August 17 and August 24, 2004,
and the Special Meetings of August 24, August 27, and September 7,2004.
Staffrecommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
. Letter of resignation ftom Bob Strahl, member of the Parks and Recreation
Commission.
Staff recommendation: Council accept the resignation and post the vacancy
according to legal requirements.
3. ORDINANCE NO. 2976, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION
2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS
TO ADD THREE POSITIONS: 1) INTERGOVERNMENTAL AFFAIRS
COORDINATOR, 2) COMMUNICATIONS MANAGER, AND 3) OFFICE
SPECIALIST (MAYOR'S OFFICE) (SECOND READING)
Chula Vista City Charter section 500 requires that all unclassified positions not
mentioned specifically in Charter section 500 be added by Ordinance. Adoption of the
ordinance amends Municipal Code section 2.05.010 to add the unclassified positions of
Intergovernmental Affairs Coordinator, Communications Manager, and Office Specialist
(Mayor's Office). This ordinance was introduced on August 24, 2004. (City Manager,
Director of Communications)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION NO. 2004-292, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE SIDEWALK REHABILITATION PROJECT - PHASE VI, FOR FISCAL YEAR
2004 (STL-289)
Adoption of the resolution accepts bids for this project, and awards the contract to MJC
Construction for a bid estimate in the amount of $89,625.00. The project includes
maintenance, removal and replacement of sidewalks, curbs, gutters, and driveway
approaches. (Director of General Services)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes September 14, 2004
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CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2004-293, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A DONATION IN THE AMOUNT OF
$1,000, AND APPROPRIATING SAID DONATED FUNDS
The Fire Prevention Bureau recently received a donation in the amount of $1,000 ftom
the Wal-Mart Foundation. The donation was presented to the Fire Prevention Bureau to
support fire investigation. The donation will be used to purchase an ArsonlFire
Investigation portable sensor. (Fire Chief)
Staffrecommendation: Council adopt the resolution.
6. RESOLUTION NO. 2004-294, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING UNANTICIPATED GRANT FUNDS FROM
THE SWEETWATER UNION HIGH SCHOOL DISTRICT, AND AMENDING THE
FISCAL YEAR 2005 BUDGET TO APPROPRIATE SAID FUNDS
The Fire Department was requested to provide Citizens Emergency Response Training
and Standardized Emergency Management System (SIMS) training to the Sweetwater
Union High School District and recharge fire extinguishers. A total of $10,000 in grant
funds received by the school district will be allocated to the Fire Department for services
to be rendered under the Emergency Crisis and Response Grant. (Fire Chief)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2004-295, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND
THE CITY OF CHULA VISTA REGARDING URBAN AREA SECURITY
INITIATIVE (UASI) GRANT FUNDING, ACCEPTING UNANTICIPATED UASI
GRANT FUNDS AND AMENDING THE FISCAL YEAR 2005 BUDGET TO
APPROPRIATE SAID FUNDS
The City of San Diego is the designated Urban Area Security Initiative (UASI) grant
coordinator for the San Diego region. Before grant funds can be expended, the UASI
grant stipulates a Memorandum of Understanding (MOD) between the City of San Diego
Office of Homeland Security and the participating agency be effective. The MOU is
required to ensure compliance with the grant assurances for the Urban Area Security
Initiative. The Fiscal Year 2003 UASI grant funds will primarily be used to purchase
personnel protective equipment for Police Officers and radiation detection devices for the
Fire Department. (Fire Chief)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2004-296, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG
ENVIRONMENTAL CONSULTING SERVICES RELATED TO MITIGATION
MONITORING AND REPORTING, PREPARATION OF ENVIRONMENTAL
DOCUMENTS AND THE COORDINATION AND OVERSIGHT OF THE
PREPARATION OF ENVIRONMENTAL DOCUMENTS
Page 3 - Council Minutes September 14, 2004
_..._________u___u_ _____~_ __ ___.___._~_._.___..______._
CONSENT CALENDAR (Continued)
Adoption of the resolution approves the third amendment to an existing contract with
Marion B. Borg Environmental Consulting for environmental consulting services related
to mitigation monitoring and reporting, preparation of environmental documents, and the
coordination and oversight of the preparation of environmental documents. (Director of
Planning and Building)
Staff recommendation: Council adopt the re~olution.
9. RESOLUTION NO. 2004-297, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO AN
AGREEMENT WITH THE EASTLAKE COMPANY, LLC REGARDING EASTLAKE
VILLAGE CENTER NORTH
In July 2003, the City entered into an improvement agreernent with EastLake Company,
LLC regarding the EastLake Village Center North property. One of the provisions of the
agreement assigned Transportation Development Impact Fee (TDIF) credit to the
property, based on specific approved uses. Adoption of the resolution amends the
approved uses eligible for TDIF credit. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, including the revised first amendment for Item 9, headings
read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
Steve Molski, representing concerned citizens in the area ofG Street, expressed repeated concern
about the road's deteriorated condition, due partly to heavy trucks utilizing the street during the
H Street construction project. He asked that the street be repaved as soon as possible. Mayor
Padilla asked staffto contact Mr. Molski regarding his concerns.
Donald Cohen invited the community to attend the opening of the San Diego Junior Theatre,
which will present "Little Shop of Horrors" on September 17, 2004, at 7 :00 p.m. The theatre is
located on the corner of Third Avenue and Davidson Street.
PUBLIC HEARINGS
10. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING
THE EXISTING SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE
AND AMENDING ORDINANCE NO. 2617
On August 17,2004, the Council adopted Urgency Ordinance No. 2974-A, modifying the
Salt Creek Sewer Basin Development Impact Fee (DIF) and amending Ordinance No.
2617. Adoption of the proposed Urgency Ordinance will enable the City to continue to
collect the new fee during the 60-day waiting period before the regular ordinance
becomes effective. (Director of General Services, City Engineer)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Page 4 - Council Mioutes September 14, 2004
PUBLIC HEARINGS (Continued)
Mayor Padilla opened the public hearing. There being no members of the public wishing to
speak, he then closed the hearing.
ACTION: Councilmember Rindone offered Urgency Ordinance No. 2974-B, heading read,
text waived:
URGENCY ORDINANCE NO. 2974-B, URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING
THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE
TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK
SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING
PERMITS AND AMENDING ORDINANCE NO. 2617
The motion carried 5-0.
11. CONSIDERATION OF AN AMENDMENT TO THE CDBG/HOME PROGRAM
ANNUAL PLANS FOR FISCAL YEARS 2002/2003 AND 2004/2005
The Fiscal Year 2002/2003 CDBG/HOME program annual plan includes $255,181 in
CDBG funds for the E Street beautification project (LD-108). This project has been
postponed pending the development and adoption of the Urban Core Specific Plan, which
will include a comprehensive streetscape master plan. Staff recommends that the CDBG
funds appropriated for the E Street project be reallocated to fund needed improvements to
Gayle McCandliss Park and for street improvements to Tobias Street, from Naples to
Oxford, as part of the Castle Park neighborhood revitalization program. Both activities
have been determined to be eligible uses under the CDBG Program. (Director of
Community Development)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Councilmember Rindone requested assurance that the project would come back to the Council in
a timely manner, since this particular area of the community badly needs revitalization. General
Services Director Griffin responded that staff intends to bring back the E Street beautification
project in conjunction with the Urban Core Specific Plan. Additionally, Councihnember
Rindone expressed disappointment about the types of businesses proposed for that particular area
and asked staffto schedule an appointment with him to discuss his concerns.
Deputy Mayor Salas expressed disappointment with the outcome of the H Street entryway
improvements, stating that it has an unfinished look. She also commented on the tardiness ofthe
completion of the project, stating that local businesses were significantly impacted as a result.
She commented that future improvements need to be constructed in a timely manner.
With no members of the public wishing to speak, Mayor Padilla closed the public hearing.
Page 5 - Council Mioutes September 14, 2004
_ ,~.__, ,"_ ....~____m__._'____._.,,_·____~_···._
PUBLIC HEARINGS (Continued)
ACTION: Deputy Mayor Salas offered Resolution Nos. 2004-298 and 2004-299, headings
read, texts waived:
RESOLUTION NO. 2004-298, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A
NEW CAPITAL IMPROVEMENT PROJECT, "TOBIAS STREET
IMPROVEMENTS FROM NAPLES TO OXFORD" (STL-30l);
TRANSFERRING THE UNENCUMBERED BALANCE OF
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
FROM THE E STREET BEAUTIFICATION PROGRAM (LD-108) TO
GAYLE MCCANDLISS PARK IMPROVEMENTS (PR-179) AND
TOBIAS STREET IMPROVEMENTS (STL-301); AND AMENDING
THE CDBG PROGRAM AND HOME INVESTMENT PARTNERSHIP
(HOME) PROGRAM ANNUAL PLANS FOR FISCAL YEARS
2002/2003 AND 2004/2005 TO REFLECT SUCH TRANSFER
RESOLUTION NO. 2004-299, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA UN-ENCUMBERING
$312,814 FROM THE AVAILABLE BALANCE OF PARKLAND
ACQUISITION AND DEVELOPMENT (PAD) FEE FUNDS FROM
CAPITAL IMPROVEMENT PROJECT PR-179, GAYLE
MCCANDLISS PARK
The motion carried 5-0.
12. CONSIDERATION OF AMENDMENTS TO THE OTAY RANCH PLANNING AREA
12 - FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN,
DESIGN PLAN AND PLANNED COMMUNITY DISTRICT REGULATIONS
In April 2003, the Council approved the Sectional Planning Area (SPA) Plan for the
Freeway Commercial portion of Planning Area 12 in the Otay Ranch. General Growth
has applied to amend the FC-1 area (McMillin Company's ownership) in the Freeway
Commercial SPA Plan. The proposal includes changes to the vehicle and transit
circulation, the concept plan, and planned community district regulations. Planning Area
12 - Freeway Commercial is located east of the future State Route 125, south of Olympic
Parkway, north of the future alignment of Birch Road, and west of EastLake Parkway.
(Director of Planning and Building)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Principal Planner Rosaler presented the proposed Otay Ranch SPA Plan amendment.
Councilmember McCann commended City staff and the developer for designing a plan that
incorporates pedestrian walkways and automobile access, as well as a movie theatre and several
restaurants. He requested assurance that the City logo would be branded within the project site.
Page 6 - Council Mioutes September 14, 2004
PUBLIC HEARINGS (Continued)
Councilmember Rindone expressed concern about the reduction from three traffic lanes to two.
Mr. Rosaler replied that traffic studies by the City's consultant for the project have indicated a
significant reduction of traffic volumes on Birch Street as one moves east. He expressed
assurance that staff is taking a strong look at the traffic studies to assess the number of required
turning lanes and depth of the turn-lane pockets. Councilmember Rindone asked if the center
would be responsible for maintenance of the internal streets. Mr. Rosaler responded
affirmatively. City Attorney Moore added that a provision is commonly placed in the tentative
map conditions, in the form ofCC&R's, that provides the City with enforcement rights.
There being no members of the public wishing to speak, Mayor Padilla closed the hearing.
ACTION: Councilmember McCann offered the Ordinance for first reading and Resolution
No. 2004-300 for adoption, headings read, texts waived.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH
PLANNING AREA 12 - FREEWAY COMMERCIAL SECTIONAL
PLANNING AREA (SPA) PLAN PLANNED COMMUNITY DISTRICT
REGULATIONS (FIRST READING)
RESOLUTION NO. 2004-300, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN
AMENDMENT TO THE OTAY RANCH PLANNING AREA 12 -
FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA)
PLAN AND DESIGN PLAN
The motion carried 5-0.
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
City Manager Rowlands suggested that the meeting of September 28,2004 be cancelled.
ACTION: Councilmember Rindone moved to cancel the meeting. Councilmember Davis
seconded the motion, and it carried 5-0.
14. MAYOR'S REPORTS
There were none.
15. COUNCIL COMMENTS
Councilmember McCann stated that he attended the recent Fire Department retirement breakfast
to honor the brotherhood and sisterhood that exists in the fire service. He expressed pleasure that
with the construction of Fire Station 1, a wall will be constructed to recognize fire retirees. He
also commented on the success of the Celebrate Chula Vista event and commended the Rangers
Organization for organizing the recent soccer tournament in which his daughter's team took
second place.
Page 7 - Council Mioutes September 14, 2004
-...-" ._-~----_._-_.__._.._---
COUNCIL COMMENTS (Continued)
Councihnember Rindone concurred with the comments by Councilmember McCann regarding
the Fire Department retirement breakfast, and he congratulated residents who attended the
Celebrate Chula Vista event. He invited the community to a demonstration of hydrogen fuel cell
vehicles that is free and open to the public. It will be held on Sunday, September 19, 2004, from
noon to 4:00 p.m., at the San Diego County Administration building parking lot.
Deputy Mayor Salas also commented on the success of the recent Fire Department retirement
breakfast. She then reported that neighbors and businesses in the vicinity of the Village Card
Room have contacted her with complaints about the spillover of parking from patrons, which has
resulted in safety concerns by the residents who have to park their vehicles some distance from
their homes. She requested that staff look into solutions on the issue, such as issuing parking
permits to residents or establishing limited parking for non-residents.
Councilmember Davis concurred with Councilmembers' comments regarding the Fire
Department breakfast and Celebrate Chula Vista event. She also reported that she attended the
burial of four indigent veterans at Glen Abbey, an event organized by the 82nd Airborne
AMVETS.
CLOSED SESSION
16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
Agency negotiators: Steve Padilla, Sid Morris, David Huard, Elizabeth Wagner Hull
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of franchise conveyance
No action was taken.
17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. Nos. A-02-l2-27, A-02-l2-028, and I 03-03-
016)
No action was taken.
18. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One Case
No reportable action was taken.
Page 8 - Council Minutes September 14,2004
CLOSED SESSION (Continued)
19. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. One Case
No reportable action was taken.
20. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Parcel No. 639-080-22
Agency negotiator: Rick Ryals, Real Property Manager and Linda Bartz, Attorney
Negotiating Parties: City of Chula Vista, BP Products North America, Inc., Arco
Service Station.
Under Negotiation: Price and Terms
No reportable action was taken.
ADJOURNMENT
At 11:15 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of September 21,
2004, at 6:00 p.m. in the Council Chambers.
."r-- ~ ¿LW-==3.Z'~
Susan Bigelow, MMC, City Clerk
Page 9 - Council Mioutes September 14,2004
--.-....- --.- -- -"_.._----.__.---,----_.~-_..._-_.-
p.S)O~O"
ORDINANCE NO. ~ÞÐ\~G ~O
ORDINANCE OF THE CITY COUNCIL \t¡Cç~ ~ITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE SECTION 2.02.030 RELATING TO THE CONFLICT OF
INTEREST CODE OF THE CITY OF CHULA VISTA
The City Council of the City ofChula Vista does ordain as follows:
SECTION I: Section 2.0S.030 of the Chula Vista Municipal Code relating to the City's conflict
of interest code is hereby amended to read as follows.
2.0S.030. Conflict of interest code of the city of Chula Vista.
A. The Political Reform Act, Government Code Sections 81000, et. seq., requires local
government agencies to adopt and promulgate conflict of interest codes. The Fair Political
Practices Commission has adopted a regulation, Title 2 of the California Code of Regulations,
Section 18730, which contains the terms of a standard model conflict of interest code, which is
incorporated by reference, and which may be amended by the Fair Political Practices
Commission to conform to amendments in the Political Reform Act after public notice and
hearings. Therefore, the terms of Title 2 of the California Code of Regulations, Section 18730,
and any amendments to it, except Section 9.S, duly adopted by the Fair Political Practices
Commission, are hereby incorporated by reference and constitute the conflict of interest code of
the city of Chula Vista.
B. The city council shall set forth by resolution the officials and designated employees who
are required to file statements of economic interests and the disclosure categories under which
each such official and designated employee shall file. Said resolution and any amendment to it
are incorporated by reference to the conflict of interest code. Said disclosure categories are:
1. All investments. in real PFOperty sources of income and business positions;
2. Interests in real property;
3. Investments, business positions, interests in real property, and sources of income
subj ect to the regulatory, permit or licensing authority of the department;
4. Investments and business positions in business entities and sources of income
wfti€h that engage in land development, construction or the acquisition or sale of
real prop erty;
5. Investments and business positions in business entities and sources of income ef
the type wrneh that, within the past two years, have contracted with the city of
Chula Vista or redevelopment agency to provide services, supplies, materials,
machinery or equipment;
6. Investments and business positions in business entities and sources of income f
the 1]13 e w.æeh that, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
7. Busmess positieBs.
2-1
. .--......---.--- ..-- -'-'---'...-'---"--'-----'-'" "'--'--"-"-,--
Qrdinance
Pag~ 2 ...
~.!II
SECTION II:' This Ördinance shall take effect and be in full force and effect 30 days after its
second reading and adoption. .'..- ,
~ ·,1
Submitted by Approved as to form by
---~~þ~ £t¿,/JiJ)J1f1 ¡VI
Susan Bigelow Ann oore
City Clerk City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this _ day of October, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
Ordinance No. _ had its first reading at a regular meeting held on the 21 st day of September,
2004 and its second reading and adoption at a regular meeting of said City Council held on the
day of October 2004.
Executed this _ day of October 2004.
Susan Bigelow, .M:MC, City Clerk
2-2
COUNCIL AGENDA STATEMENT
Item: :3
Meeting Date: October 5. 2004
ITEM TITLE: Resolution amending the FY04/05 Library
Department budget by appropriating unanticipated grant revenue
in the amount of $5,000 for expenditures associated with Taste
of the Arts Festival and Music In The pa~rt Series
SUBMITTED BY: Assistant City Manager/Library Directo
REVIEWED BY: {it (4I5ths Vote: YES X NO --->
City Manage ~~ ')l" The Office of Cultural Arts received a Community Enhancement Program grant award in the
amount of $5,000 from the County of San Diego for the Taste of the Arts Festival and Music In
The Park Concert Series to be held during Spring/Summer 2005
STAFF RECOMMENDATION: That Council adopt the resolution amending the FY05
Library Department budget by appropriating unanticipated grant revenue in the amount of
$5,000 for supplies and services associated with the Taste of the Arts Festival and Music In
The Park Concert Series.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
As part of its ongoing fund raising efforts, the Office of Cultural Arts applied for a Community
Enhancement Program grant for the Taste of the Arts and Music In The Park Concert Series
and it was awarded $5.000 for its Spring/Summer 2005 Programming. These monies are
being used to offset increased costs in advertising and entertainment.
FISCAL IMPACT: The $5,000 in grant revenue funds will be used to offset Spring/Summer
2005 expenditures associated with the Taste of the Arts Festival and Music In The Park
Concert Series.
3-1
RESOLUTION NO. 2004-
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 05 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING
UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF
$5,000 FOR EXPENDITURES ASSOCIATED WITH TASTE OF
ARTS FESTIVAL AND MUSIC IN THE PARK CONCERT
SERIES
WHEREAS, the Office of Cultural Arts received a Community Enhancement Program
grant award in the amount of $5,000 fÌ"om the County of San Diego for the Taste of Arts Festival
and Music In The Park Concert Series to be held during Fiscal Year 2005; and
WHEREAS, these monies will be used to offset increased costs in advertising and
entertainment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the Fiscal Year 2005 Library Department by appropriating
unanticipated grant revenue in the amount of $5,000 for expenditures associated with Taste of
the Arts Festival and Music In The Park Concert Series.
Presented by Approved as to form by
David Palmer :1Jmt\. ~AJL 0
Ann Moore .
Assistant City Manager/Library Director City Attorney
J:\attomey\reso\finance\Amend FY 05 Library Dept
3-2
..___ _'_"__"'_" _.___o'___.__.___ _n.'_____
COUNCIL AGENDA STATEMENT
Item: 4-
Meeting Date: October 5. 2004
ITEM TITLE: Resolution amending the FY04/05 Library
Department budget by appropriating a one-time unanticipated
grant revenue in the amount of $10,000 for the Globál Language
Materials grant ~
SUBMITTED BY: Assistant City Manager/Library Directo
REVIEWED BY: City ManageGp9i'" (;4I5ths Vote: YES X NO -->
The Chula Vista Public Library recently received a one-time Library Services and Technology
Act (LSTA) grant from the California State Library in the amount of $10,000 for fiscal year
2005.
STAFF RECOMMENDATION: That Council adopt the resolution amending the FY05
Library Department budget by appropriating unanticipated grant revenue in the amount of
$10,000 for supplies and services associated with the Global Language Materials grant.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The Chula Vista Public Library has been awarded a one-time LSTA grant in the amount of
$10,000. This grant will allow the Library to purchase materials that meet the needs of non-
English language readers in the community. Spanish language materials will be purchased
for Civic Center and South Chula Vista Branch Libraries and Japanese language materials will
be purchased for the EastLake Branch.
FISCAL IMPACT: The one-time grant award in the amount of $10,000 will be appropriated
into the current year Library budget.
4-1
-
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 05 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME
UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF
$10,000 FOR GLOBAL LANGUAGE MATERIALS GRANT
WHEREAS, the Chula Vista Public Library recently received a one-time Library
Services and Technology Act (LSTA) grant fÌ"om the California State Library in the amount of
$10,000 for fiscal year 2005; and
WHEREAS, this grant will allow the Library to purchase materials that meet the needs of
the non-English language readers in the community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the fiscal year 2005 Library Department by appropriating a one-time
unanticipated grant revenue in the amount of$10,000 for the Global Language Materials grant.
Presented by Approved as to form by
David Palmer 2JM~ ~ ~
Assistant City Manager/Library Director City Attorney
J:\attomey\reso\finance\Amend FY 05 gJoba1 material grant
4-2
".._~~._._. _.__...._.~ .._~.,...._._.~._---_.,~-_..~----
ITEM NO.5
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004/200S PUBLIC WORKS OPERATIONS
BUDGET BY APPROPRIATING $82,990 BASED ON UNANTICIPATED
REIMBURSEMENTS FROM THE SEWER FACILITIES REPLACEMENT
FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AND
APPROVING ADDITIONAL STAFF FOR THE WASTEWATER
MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS (4/STHS
VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004/200S PUBLIC WORKS OPERATIONS
BUDGET BY APPROPRIATING $232,442 BASED ON UNANTICIPATED
REIMBURSEMENTS FROM THE SEWER FACILITIES REPLACEMENT
FUND FOR EQUIPMENT FOR THE W ASTEW ATER MAINTENANCE
SECTION OF PUBLIC WORKS OPERATIONS
Has been pulled, and will be continued to a future meeting.
-~_.~---~._-_._-- - ....-.--
ITEM NO.6
6A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $35,000 FROM
PROJECT NO. STL-297, AMERICANS WITH DISABILITIES ACT (ADA)
CURB CUTS, FISCAL YEAR 2004/2005 TO PROJECT NO. STL-292, ADA
CURB CUTS PROGRAM, FISCAL YEAR 200312004, FOR UNANTICIPATED
CHANGES IN SCOPE OF WORK AND STAFF TIME EXPENSES
INCURRED PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT
(4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDER NO. 1 FOR THE AMERICANS WITH
DISABILITIES ACT (ADA) CURB CUTS PROGRAM, FISCAL YEAR
2003/2004 IN VARIOUS LOCATIONS IN THE CITY (PROJECT NO. STL-
292) AND AUTHORIZING THE DIRECTOR OF GENERAL SERVICES TO
EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY
Has been pulled and will be continued to a future meeting.
----~-,~---~---~.._,..__._- .,~.
COUNCIL AGENDA STATEMENT
Item: {
Meeting Date: 10/05/04
ITEM TITLE: Resolution approving a Design Build Agreement with
Erickson-Hall Constmction Co. for the provision of services required to
design and constmct Harborside Park, located on Oxford Street in Western
Chula Vista and authorize the transfer of funds from the "Western Chula
Vista Infrastructure Program (GG 188)" to the "Harborside Park (PR249)"
project as needed to begin the design phase.
SUBMITTED BY: Jack Griffin, Director of General Services Ò~
REVIEWED BY: City Manager~ y V (4/5ths Vote: Yes...x.. No~
The City Council previously approved Capital Improvement Project No. PR249 and the Master
Plan for Harborside Park which conceptually designed and provided for the constmction of a
completed and fully functional park. The project is ready to begin the design phase.
RECOMMENDATION: That the City Council approve the Design Build Agreement with
Erickson-Hall Construction Co. for the provision of services required to design and construct
Harborside Park and authorize the transfer offunds from the "Western ChuIa Vista Infrastmcture
Program (GG 188)" to the "Harborside Park (PR249)" project as needed to begin the design
phase.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
On April 17, 2003, the Department of Building and Park Constmction issued an RFQ, pursuant
to Section 2.57 of the Chula Vista Municipal Code, for Construction Management and Design
Build Services to assist staff in the work required to design and constmct needed City facilities,
excluding fire facilities. On May 2, 2003, the City received twelve proposals in response to the
RFQ. After reviewing the proposals the City's selection committee, appointed by the City
Manager, invited nine firms to interview and based upon the RFQ responses and interviews a
priority list of Construction Managers and Design Builders was created. This priority list was
approved by Council on June 17, 2003 and remains current for five years. On April 29, 2004, in
accordance with Section 2.57 of the Chula Vista Municipal Code, the City requested proposals
from five Design Build firms off the priority list for services to design and construct a fully
fìmctiona1 park at Harborside Park. Two of the five firms that submitted proposals were PCL
Construction Services, Inc. and Erickson-Hall Constmction Company. Based on the proposals,
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Page 2, Item: '7
Meeting Date: 10/05/04
Erickson-Hall Construction Co. was selected as the Design Builder with extensive construction
experience for this type of project and who could best meet the City's aggressive development
schedule.
The D/B Team headed by Erickson-Hall Construction Co. offers an excellent combination of
design and construction expertise for this type of project. As a Design Builder, Erickson-Hall
Construction Co. has demonstrated on past projects with the City, their ability to successfully
complete projects in a timely manner and on budget.
DESIGN/BUILD
Staff is recommending the City enter into an agreement with Erickson-Hall Construction Co. for
the provision of services required to design and construct Harborside Park. The designlbuild
process includes functions that are quite different from the designlbid/build process typically
used for City construction proj ects.
The designlbuild process employs a single entity, either a general contractor or an architect,
which provides both design and construction services. In the typical scenario, a designlbuild
oriented general contractor provides the design and construction services. Alternatively, an
architectural firm may provide the design services and hire the general contractor on a consulting
basis for the construction phase. In this later scenario, the architectural firm will be held
responsible for all aspects of the project. In the case of Harborside Park, the designlbuild process
will place sole responsibility for delivery of the project upon Erickson-Hall Construction Co., a
general contractor. Erickson-Hall Construction Co. will subcontract for the design and consulting
services, and trade contracts during the construction phase. Generally utilization of a
designlbuild process will provide savings in cost and time because the entire project is managed
and constructed by a single entity, thereby eliminating the difficulties of dealing with multiple
entities and overhead on one project.
The designlbuild process provides the City the flexibility to work with the best contractors in the
County as it does not necessarily require award to the lowest responsible bidder.
PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS
As proposed, the Design/Build Agreement with Erickson-Hall Construction Co. will provide the
City with a fully functional park that will be located in the western area of the City that will
provide service to residents of that community as well as other residents of the City. The scope
of work includes but is not limited to the following:
Design and construct for the City a fully functional park as outlined in the "Harborside
Park, Approved Master Plan", dated April 2004. The park shall include, but not be
limited to all components described in the document titled "Harborside Park, Approved
Master Plan", dated April 2004. The Project is located on Oxford Street in Western Chula
Vista.
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Page 3, Item: 1
Meeting Date: 10/05/04
Erickson-Hall Construction Co. shall perform all services, work, and obligations as described
necessary to provide a fully completed and functional Project, which shall include design
services, general conditions and construction management for the not to exceed amount of
$217,335. At 90% construction documents a Guaranteed Maximum Price (GMP) will be
established as part of the agreement, which will include, but not be limited to, the cost for all
labor, equipment, and material to design and build a fully functional park in accordance with all
applicable building codes. Staff will return to Council for approval of the GMP.
CHANGE ORDERS
Under the designlbuild process, change orders are handled differently than under the
designlbid/build process. Change orders are only returned for Council approval if they exceed
the approved GMP, or are for additional work requested by the City, which results in a
significant change to the original scope. Otherwise, change orders are reviewed/approved by
staff and the design builder. This practice is commonplace when using the designlbuild
construction technique.
PROJECT COMPLETION DATES
Erickson-Hall Construction Co. has agreed and the contract reflects the following completion
dates:
. Substantial Completion: No later than 240 calendar days from issuance of Notice to Proceed at
execution of Agreement.
Substantial Completion shall be that stage in the progress of the construction when all
Work on the Proj ect is sufficiently complete in accordance with the Construction
Documents so that City can fully utilize entire Project; Substantial Completion shall
further mean that all goods, services and systems to be provided under the terms and
conditions of the Construction Documents are in place and have been initially tested, and
are operationally functional, subject only to final testing, balancing and adjustments and
normal Final Completion punch list Work.
. Final Completion: No later than 270 calendar days from issuance of Notice to Proceed at
execution of Agreement.
Final Completion shall occur at the conclusion of construction when all Work on the
Project is sufficiently complete in accordance with the Construction Documents so that
City can fully occupy and utilize entire project; Final Completion shall further mean that
all goods, services and systems be provided under the terms and conditions of the
Construction Documents are in place and have been tested, and are operationally
functional.
FINANCING
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Page 4, Item: 1
Meeting Date: 10/05/04
Harborside Park is part of the Western Chula Vista Infrastructure Financing Program. This is a
program that Council adopted with the Fiscal Year 2003/04 Capital Improvement Program
Budget. The Financing Program was made up of two financing elements. The first of the these
was the borrowing of $9 million that would be repaid through funds generated by the Residential
Construction Tax. The projects that were identified to be funded from this $9 million were as
follows:
1) Drainage Improvements on Emerson Street - $730,500
2) Miscellaneous Drainage Improvements - $619,500
3) CMP RehabilitationlReplacement - $3,000,000
4) Eucalyptus Park Reconstruction - $2,700,000
5) Woman's Club Renovations - $450,000
6) Otay Park Renovation - $1,500,000
The second element of the financing program was a loan from the US Department of Housing
and Urban Development (Section 108 Loan) in the amount of $11.9 million that would be repaid
through the City's annual Community Development Block Grant entitlement. The projects that
would be funded from the Section 108 Loan are as follows:
I) Eucalyptus Park Reconstruction - $3,300,000
2) Harborside Park - $1,500,000
3) Fire Station No.5 Replacement/Renovation - $2,400,000
4) Major Assessment Districts/Street Rehabilitation - $4,700,000
The RCT funded portion of the financing has already been undertaken and the funds are now
available to move forward on those projects. On the other hand, the Section 108 Loan has not
yet been finalized as the City continues to work with the US Department of Housing and Urban
Development on CDBG related issues.
Harborside Park is included in the Section 108 Loan portion of the program and would be
required to be deferred until those financing issues are completed. The Eucalyptus Park
Reconstruction is split funded between both of the funding sources. Staff recommends
transferring funds that were originally programmed, but not appropriated from the RCT funded
portion of Eucalyptus Park to Harborside Park. This will leave sufficient funds within the RCT
funded portion of Eucalyptus Park to move forward with the design of the project while still
allowing Harborside Park to continue moving forward through design and construction. Once
the Section 108 Loan proceeds are received, the funds programmed for Harborside Park would
be re-programmed for Eucalyptus Park. This re-programming of funds should not adversely
affect the schedule of Eucalyptus Park as it cannot move forward to construction until the
Section 108 Loan funds are received.
Staff has discussed this re-programming of funds with respect to the RCT funded portion with
Bond Counsel and our underwriting consultants and have been informed that such a modification
would be acceptable as the basic goal of providing park facilities in the western portion of the
City would still be in place.
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Page 5, Item: 1
Meeting Date: 10/05/04
ENVIRONMENTAL STATUS
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project was
adequately covered in previously adopted Mitigated Negative Declaration IS-04-011. Thus, no
further environmental review or documentation is necessary.
FISCAL IMPACT:
Erickson-Hall Construction Co. shall perform design services, general conditions, and
construction management for the not to exceed amount of $217,335. At 90% complete
construction documents a Guaranteed Maximum Price (GMP) will be established as part of the
agreement, which will include, but not be limited to, the cost for all labor, equipment, and
material to design and build a fully functional park and recreation center in accordance with all
applicable building codes. The project has an available balance of $136,128. Staff is
recommending an appropriation of $131,207 (which includes D/B design services, general
conditions, construction management and initial City staff costs less current available balance)
from the Western Chula Vista.lnfrastructure Financing program (GG188) to begin the design
phase. The total estimated Project costs are $1,700,000 and are broken down as follows: Design
and Construction; $1,554,224 and Master Plan (completed), furniture, fixtures, equipment,
specialty consultants, contingencies and staff time; $145,776. Staff will return to Council for
approval of the GMP, which shall not exceed $1,554,224, once the construction documents reach
90% completion. At the same time, staff will request that Council appropriate additional funds
to construct the project. When staff returns to Council for approval of the GMP, it will also
provide an analysis of the projected operating costs of the facility.
Attachment(s): Attachment 1 - Design/Build Agreement
J:\General Services\GS Administration\Council Agenda\Harborside Park\Harborside Park DBA Al 13.doc
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__ _ "__~_______w._·___
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN
BUILD AGREEMENT WITH ERICKSON-HALL
CONSTRUCTION CO. FOR THE PROVISION OF
SERVICES REQUIRED TO DESIGN AND
CONSTRUCT HARBORSIDE PARK, LOCATED
ON OXFORD STREET IN WESTERN CHULA
VISTA AND TRANSFERRING FUNDS FROM THE
"WESTERN CHULA VISTA INFRASTRUCTURE
PROGRAM (GGl88)" TO THE "HARBORSIDE
PARK (PR249)" PROJECT AS NEEDED TO BEGIN
THE DESIGN PHASE.
WHEREAS, on April 17, 2003, the Department of Building and Park
Construction issued an RFQ, pursuant to Section 2.57 of the Chula Vista Municipal Code,
for Construction Management and Design Build services to assist staff in the work
required to design and construct needed City facilities, excluding fIre facilities; and
WHEREAS, on May 2, 2003, the City received twelve proposals in
response to the RFQ; and
WHEREAS, after reviewing the proposals the City's selection committee,
appointed by the City Manager, invited nine firms to interview and based upon the RFQ
responses and interviews a priority list of Construction Managers and Design Builders
was created; and
WHEREAS, this priority list was approved by Council on June 17, 2003,
which remains current for five years; and
WHEREAS, on April 29, 2004, in accordance with Section 2.57 of the
Chula Vista Municipal Code, the City requested proposals from fIve Design Build firms
off the priority list for services to design and construct a fully functional park at
Harborside Park; and
WHEREAS, based on the proposals Erickson-Hall Construction Company
was selected as the Design Builder with extensive construction experience of this type of
project and could best meet the City's aggressive development schedule; and
WHEREAS, staff is recommending the City enter into an agreement with
Erickson-Hall Construction Company for the provision of services required to design and
construct Harborside Park; and
WHEREAS, as proposed, the Design Build Agreement with Erickson-Hall
Construction Company will provide the City with a fully functional park that will be
located on Oxford Street and will provide service to residents of that community as well
as other residents of the City; and
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WHEREAS, Erickson-all Construction Company shall perform all
services, work, and obligations as described to provide a fully completed and functional
Proj ect, which shall include design services, general conditions, and construction
management for the not to exceed amount of $217,225; and
WHEREAS, Harborside Park is part of the Western Chula Vista
Infrastructure Financing Program which council adopted with the Fiscal Year 2003/2004
Capital Improvements Budget; and
WHEREAS, this Finance Program was made up of two financing
elements. The first element was the borrowing of $9 million that would be repaid through
funds generated by the Residential Construction Tax. The second element was a loan
from the U.S. Department of Housing and Urban Development (Section 108 Loan) in the
amount of $11.9 million that would be repaid through the City's annual Community
Development Block Grant entitlement; and
WHEREAS, the Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act and has
determined that the proposed project was adequately covered in previously adopted
Mitigated Negative Declaration IS-04-0 11. Thus no further environmental review or
documentation is necessary; and
WHEREAS, the project has an available balance of$136,128; and
WHEREAS, staff is recommending an appropriation of $131,207 (which
includes design build services, general conditions, construction management and initial
City staff costs less current available balance) from the Western Chula Vista
Infrastructure Financing Program (GG 188) to begin the design phase;
WHEREAS, the total estimated Project costs are $1,700,000 and are
broken down as follows: design and construction, $1,619,224, and Master Plan
(completed), furniture, fixtures, equipment, specialty consultants, contingencies and staff
time; $80,776.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista approves a Design Build Agreement with Erickson-Hall
Construction Company for the provision of services required to design and construct
Harborside Park, located on Oxford Street in Western Chula Vista.
BE IT FURTHER RESOLVED, that the City Council of the City ofChula
Vista transfer funds from the "Western Chula Vista Infrastructure Program (GG188)" to
the "Harborside Park (PR249)" project as needed to begin the design phase.
Presented by Approved as to form by
~
Jack Griffin Moore
Director of General Services ty Attorney
J:\Attomey\RESO\AGREEMENTS\Design Build Erickson and Harborside Park
7-7
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~t/~~
Ann Moo
City Attorney
Dated: 9 io hi
Design Buitd Agr~ement between
The City of Chula Vista and Erickson-Hall Construction Co.
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--_..._._,._.,.~----,---_._._.._-_._..,."-_.__._-~--------.---..-....--...--.
DESIGNIBUILD AGREEMENT
This Agreement is made and entered into this 5th day of October, 2004, by and
between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and
Erickson-Hall Construction Co. ("Design Builder or D/B"). City and DIB are sometimes
hereinafter referred to as Parties ("Parties").
RECITALS
WHEREAS, the project, Harborside Park, is a new facility to the City, and
WHEREAS, the City of Chula Vista, in an on-going effort to expand the services to
the community, has planned for Harborside Park located on Oxford Street in the City of
Chula Vista; and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that
the proposed project was adequately covered in previously adopted Mitigated Negative
Declaration IS-04-011. Thus, no further environmental review or documentation is
necessary; and
WHEREAS, on April 17, 2003 Building and Park Construction issued a Request for
Qualifications (RFQ), Pursuant to § 2.57 of the City's Municipal Code, Design Build
services to design and construct needed City facilities, excluding fire facilities, and
WHEREAS, on June 17, 2003 the Council approved a resolution establishing a
Design-Build Priority List to be used in awarding Design-Build contracts for future City
projects, excluding fire facilities, and
WHEREAS, Pursuant to § 2.57 of the City's Municipal Code, on June 2, 2004 an
RFP (Request for Proposal) was issued to five Design-Build firms off the Priority List to
present proposals, and
WHEREAS, two respondents submitted proposals and based upon the review of
each proposal, Design Builder was selected as the respondent who best met the design,
monetary and time criteria of the project with whom City could negotiate an agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein:
THE PARTIES AGREE:
Section 1: General Scope of Work to Be Performed bv DIB
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1.1 In accordance with the terms set forth in this Agreement and the RFQ for
Design Build Services excluding Fire Stations and Harborside Park RFP (Exhibit 1),
D/B shall design and construct for the City: a completed and fully functional 5.21-
acre park. The park shall include, but not be limited to all components outlined and
described in the attached document within the Harborside Park RFP entitled
Harborside Park Master Plan (Exhibit 1) (referred to hereafter as "Project").
1.2 The services to be provided by D/B are generally to be performed in four
"Phases"; the services to be provided in each Phase are specified elsewhere in this
Agreement. The services provided by the D/B shall include, but not be limited to, all
services outlined and described in this agreement and those within Exhibit 1.
1.3 The D/B shall:
1.3.1 Perform all services, work and obligations as described herein for
the not to exceed amount of $1 ,554,224 which shall include Design
Services and Generai Conditions necessary to provide a fully
completed and functional Project. D/B shall perform all Design
Services and General Conditions for the not to exceed amount of
$217,335 as outlined in the Design Build Fee Structure (Exhibit 2).
At 90% complete construction documents a Guaranteed Maximum
Price (GMP) will be established pursuant to Section 13 of this
Agreement, which will include, but not be limited to, the cost for all
labor, equipment, and material to design and build a fully functional
park in accordance with all applicable rules, regulations, and laws.
The D/B fee shail be based upon a sliding scale as outlined in the
Design Build Fee Structure (Exhibit 2). Any costs incurred by D/B in
excess of said GMP shall be the sole responsibility of the D/B,
unless a change order is approved by the City pursuant to Sections
9 and 14 of this agreement. All funds remaining in the GMP at the
completion of the project shall belong to the City.
1.3.2 Substantial Completion:
Achieve "Substantial Completion" (as defined in §16.1) no later than
250 calendar days from issuance of Notice to Proceed at execution
of Agreement.
1.3.3 Achieve "Final Completion" (as defined in §16.2) No later than 280
calendar days from issuance of Notice to Proceed at execution of
Agreement.
Section 2: General Obliaations of City
2.1 City shall be obligated as follows:
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2.1.1 Designate a representative (or representatives) who is authorized to
act on behalf of City with respect to the Project, except as to those
decisions specified herein or by law that require authorization by the
Chula Vista City Council;
2.1.2 Make decisions with reasonable promptness to avoid delay in the
orderly progress of D/B's services per the Detailed Construction
Schedule (DCS);
2.1.3 Pay for and cause to be completed all necessary environmental
studies and obtain environmentai approvals and/or permits with
reasonable promptness to avoid delay to the orderly progress of
D/B's performance per the DCS;
2.1.4 At the request of D/B, City will use its best efforts to provide D/B with
any available information about the Project Site geotechnical soil
conditions; it will, however, be the responsibility of D/B to take all
reasonable steps to verify all such information as it deems necessary
to perform its services under this Agreement. City does not warranty
to D/B the accuracy or completeness of any such information.
2.1.5 Cooperate with D/B in identifying, processing and securing required
permits, licenses and inspections in a timeiy fashion; however, this
duty to cooperate does not relieve D/B of its primary obligations to
identify, appiy for and secure all necessary permits (except as
provided in 2.1.3), licenses and inspections in a timely manner.
2.1.6 Make payments to D/B in the amounts and in accordance with the
terms set forth below.
2.1.7 Issue Certificate of Substantial Compietion when City reasonably
determines the Project has achieved Substantial Completion as
defined below in Section 16.1.
2.1.8 Issue a Notice of Acceptance when City reasonably determines the
Project has achieved Final Completion as defined in Section 16.2.
2.2 City Review Process. City shall review Design Development Drawings
(ODD's), 50% Construction Drawings (CD's), 70% CD's ,90% CD's and
100% CD's which shall allow construction of Project in conformity with the
Approved Master Plan for the Project.
2.2.1 For each D/B submission, City shall have fifteen (15) working days
to review, approve, conditionally approve or deny.
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Section 3: General Obliaations of D/B
3.1 D/B shall be obligated as follows:
3.1.1 At all times in performing its services under this Agreement to design
and deliver the best possible Project consistent with standard of care
in Section 3.3 that satisfies the time, monetary, quality and design
parameters set forth in this Agreement;
3.1.2 Design and construct the Project on time, consistent with time
frames set forth in the DCS, and in such a manner that the GMP or
Contract Time of the Project shall not be exceeded, but if D/B
reasonably believes that any action, inaction, decision or direction by
City or agent for the City will likely result in the GMP or Contract
Time being exceeded or the Project being completed late, D/B will
notify City at Project Team meeting and in writing within five (5)
calendar days of discovering such action, inaction, decision, or
direction. Included in such notice will be an estimate of the cost and
time impact resulting from such action, inaction, decision or direction.
D/B shall provide complete and accurate pricing within ten (10)
calendar days of said discovery.
3.1.3 Perform, or obtain the prior written consent of the City to subcontract
all design services for the Project utilizing qualified, licensed and
sufficiently experienced architects, engineers and other
professionals (herein jointly "Design Consultants") as identified In
Exhibit 3. D/B shall not be permitted to substitute any Design
Consultant unless authorized by City. The fact that the City approves
the subcontracting of any such services will in no way relieve the D/B
of any of its obligations or responsibilities under this Agreement;
3.1.4 Perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License
Board or other required agency;
3.1.5 Perform all services as expeditiously as is consistent with
reasonable skill and care and shall complete the services within
each and all of the time periods set forth in this Agreement;
3.1.6 Comply with the California Fair Employment and Housing Act and all
other State, Federal and local laws including, but not limited to, those
prohibiting discrimination, on account of race, color, national origin,
religion, age, sex or handicap;
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3.1.7 Study all applicable laws, codes, ordinances, rules, orders,
regulations, and statutes affecting the Project, including but not
limited to, zoning, environmental, building, fire and safety codes and
coverage, density and density ratios and lien laws, and comply with
them in performance of its services. D/B shall ensure that within the
established GMP that the Project conforms to all applicable federal,
state and local laws, statutes, ordinances, rules, regulations, orders
or other legal requirements, (collectiveiy "Governmental
Requirements") existing as of the date of this Agreement. However,
the City recognizes that Governmental Requirements and their
interpretations by governmental officials ("Code Authority") are often
subject to change at any time, even after issuance of a building
permit. If, after the date of this Agreement, modifications to the
Project are required because of a change in Governmental
Requirements or their interpretation by a Code Authority which had
not previously been given, or which if given, was different than a
prior interpretation of a Code Authority, D/B shall make the required
modifications to comply with the same. However, in the event of
such an occurrence, the GMP and Contract Time may be subject to
an adjustment in accordance with Section 14. Nothing contained in
this paragraph shall relieve D/B of its obligations to modify the
Project at its own expense where D/B has failed to construct the
Project in compliance with Governmental Requirements applicable
as of the date of this Ag reement.
3.1.8 Take all reasonable steps during the course of the Project so as not
to interfere with the ongoing operation of the adjacent residences,
businesses and facilities, including but not limited to the foliowing:
3.1.8.1 Not interfere with pedestrian and vehicular access;
3.1.8.2 Control dust and noise in accordance with the provisions in
Section 7-8.1 of the 2000 Edition of the Standard
Specifications for Public Works Construction, City
Ordinances and this Agreement
3.1.9 Use reasonable care to avoid damaging existing buildings,
equipment and vegetation adjacent to the Project Site. If D/B
causes damage to any of this property, D/B shall replace or repair
said property at no expense to City and shall not be a basis for
seeking an adjustment to the GMP or Contract Time. D/B agrees
to indemnify City for any and all fines, penalties, liabilities, cost
imposed upon City, its officers, employees and agents as a result of
this Project.
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3.1.10 To obtain all permits necessary to complete the Project. City shall
pay cost of permits. D/B shall be responsible for obtaining and
paying for all permits normally obtained by the trades or
subcontractors.
3.1.11 Conform its design to the requirements of the Americans With
Disabilities Act Accessibility Guidelines ("ADAAG") and the
Americans With Disabilities Act ("ADA").
3.1.12 Seek and obtain written approval from the City of the drawings for
each of the following phases: (1) DDD (2) 50% CD's (3) 70%
CD's (4) 90% CD's and (5) 100% CD's. Said approval shall be
evidenced by written notice to proceed with the subsequent phase.
3.1.13 Provide cost estimating and value engineering services, which take
into consideration long-range maintenance costs, energy efficiency,
and impact operation of the Project. Provide cost estimates to the
City at DDD's, 50% CD's, 70% CD's and 90% CD's. Provide final
cost estimate, in four copies, to the City with Final Construction
Documents.
3.1.14 Review soils and geotechnical reports relating to the Project Site;
and determine and advise City if any further subsurface
investigations are warranted. If such further investigations are
authorized by City, D/B shall perform said investigations. The costs
of said investigations are Reimbursable Costs to be paid by the City
without markup, pursuant to Section 13.
3.1.15 Be fully responsible for all additive costs, damages, and liabilities
resulting from errors or omissions beyond the standard of care
defined in Section 3.3 by D/B or D/B's agents, employees, design
consultants and contractors; such costs, damages and liabilities
shall not be chargeable to the City nor shall they be a basis for
seeking an adjustment in the GMP or Contract Time.
3.2 D/B agrees to fully assume all risks, and costs associated with such risks, in
performing the services and meeting the obligations under this Agreement.
3.2.1 Unanticipated subsurface site conditions
3.2.1.1 City assumes risks for unanticipated subsurface site
conditions provided DIB notifies City in writing within five (5)
calendar days of discovery if D/B believes it has uncovered
or revealed a condition which:
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3.2.1.1.1 differs materially from that indicated in the soils
and geotechnical reports furnished by City, or
3.2.1.1.2 is of an unusual nature and differs materially
from conditions ordinarily encountered and
generally recognized as inherent in the work
required by Agreement.
3.2.1.2 Upon receipt of written notice, City shall promptly
investigate and if it determines the conditions do materially
differ, requiring a change in the Work, City shall commence
the processing of a change order pursuant to Section 14. If
City determines there is no bona fide Work scope change
or is a minor change, which does not impact GMP or
Contract Time, City shall notify D/B within ten (10) calendar
days.
3.2.1.3 D/B shall not be entitled to an adjustment in the GMP or
Contract Time if D/B knew or should have known of the
existence of such conditions at the time D/B submitted and
agreed to GMP or Contract Time; or the existence of such
condition could reasonably have been discovered as a
result of D/B's obligations pursuant to Section 3.1.14.
3.3 D/B shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar
conditions and in similar locations. Compliance with this section by D/B shall not in
any way excuse or limit D/B's obligations to fully comply with all other terms in this
Agreement.
3.3.1 D/B warrants that at least one member of the D/B team shall be
licensed by the California Contractor's State License Board as a
General Building Contractor. D/B is to provide a list of the responsible
people within their organizations performing services, which shall
include their qualifications and their function, for approval by the City
prior to start of construction. City and D/B shall establish "key
personnel" who shall remain on the Project until Final Completion. If
any such "key personnel" leave the employment of D/B, City shall
have the right to approve the replacement personnel assigned to this
Project. D/B shall comply with ail licensing requirements of the State
of California, County of San Diego, and City of Chula Vista.
3.3.2 Project Manager, Landscape Architect, and Project Architect
throughout all phases of the Project hereunder, the individual project
manager, landscape architect and project architect shall be as
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reflected in Exhibit 3. So long as the Individual Project Manager and
Project Architect remain in the employ of the General Contractor and
Architect, such persons shall not be changed or substituted from the
Project, or cease to be fully committed to the Project as deemed
necessary by the City in its reasonable discretion, without the prior
written consent or instruction of the City. Any violation of the terms
and provisions of this Section shall constitute a Material Default.
3.3.3 City Right to Remove Project Manager, Landscapë Architect and
Project Architect. Notwithstanding the foregoing provisions of Section
3.3, if the Individual Project Manager, Landscape Architect or Project
Architect, proves not to be satisfactory to the City, upon written notice
from the City to the General Contractor, such person or person shall
be promptly replaced by a person who is acceptable to the City in
accordance with the procedures set forth below.
3.3.4 Replacement Selection of Project Manager, Landscape Architect,
and/or Project Architect. Within five (5) working days after receipt of a
notice from the City requesting the replacement of any Individual
Project Manager or Project Architect, or promptly foliowing the
discovery by the Design Build Team that any Individuai Project
Manager, Landscape Architect or Project Architect is leaving the
employ of the General Contractor or Architect, as the case may be,
the replacement/substitution (together with such person's resume and
other information regarding such person's experience and
qualifications) for approval by City. The replacement/substitution shall
commence work on the Project no later than five (5) calendar days
following the City's approval of such replacement, which approvai
shall not be unreasonably withheld. In the event that the City and
Design Build Team cannot agree as to the substitution of replacement
of the Individual, the City shall be entitled to terminate this Agreement
for cause.
3.4 D/B shall cooperate with City in obtaining Environmental approvals and/or
permits.
3.5 D/B agrees and acknowledges that the City Representative is the only person
with authority to approve additions or modifications to Project. Any costs or delays
resulting from or associated with additions or modifications implemented without the
written authorization of City Representative shall be borne exclusively by D/B and
not be grounds for an increase in GMP or Contract Time unless necessary to protect
public heaith, safety or property.
3.6 D/B team is to provide progress photographs taken on a monthly basis
throughout the Project. Photographic documentation shall depict an overview of
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.
Project site showing work in progress. Dates and times to be documented. Copies of
documentation shall be transmitted to the City monthly. The costs are
Reimbursable Costs to be paid by the City without markup, pursuant to Section
13.3.
3.7 D/B shall fully cooperate with City Representative and any of its agents
assigned to this project.
. Section 4: Work Restriction and Biddinq Requirement
4.1 D/B shall determine how best to package portions of the work for purposes of
bidding. D/B shall be responsible for selectively bidding all construction work to
others and for entering into subcontracts, in D/B's own name, with the bidder who in
D/B's discretion best meets the monetary, time, and performance requirement of the
Project. D/B is required to submit a summary of bid results for each bid package.
D/B shall be responsible for ensuring that these contracts fully comply with all
applicable local, state and federal laws, some but not all of which are listed below.
4.2 D/B shall hear and decide bid protests and shall develop and maintain bid
protest procedures for that purpose. City shall be timely informed of all bid protests
(prior to resolution) and the outcome of said protests
Section 5: D/B's Phase I Services and Obliqations - Desiqn Development
5.1 D/B's services in Phase I shall include, but are not limited to the following:
5.1.1 Utilizing the approved Master Plan Continue to refine project
requirements and review such requirements with the City.
5.1.2 Prepare complete DDD's such that the DDD include, without
limitation, the following:
5.1.2.1 Site plan with pertinent notes and dimensions indicating
property line; existing public streets, sidewalks, curb cuts,
other public improvements; required setbacks; service,
trash, fire lane and truck access, adjacent buildings,
building outline; basketball court, multi-use sports field, play
areas, shelters, comfort station, landscape and site
elements.
5.1.2.2 Floor plans including graphically demonstrating interior and
exterior walls and fenestration with notes, dimensions and
grid lines; room names, structural bay spacing with grids,
critical dimensions and area calculations;
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5.1.2.3 Roof plans including detailed notes, dimensions,
mechanical equipment locations, define material for
mechanical screens, skylights and roof access, roof
materials, roof drainage and establish window washing
concept;
5.1.2.4 Building sections including vertical dimensions, fioor
assembly thickness showing known structural elements,
notes and dimensions.
5.1.2.5 Exterior elevations including material references and
extent; visible roof top elements; existing and new line of
grade; indicate of fioors with leader lines; and vertical
dimensions; notes, dimensions and grid lines.
5.1.2.6 Wall sections including all wall sections, dimensions,
horizontal element offsets, and guide to exterior face of
wall; dimensions, vertical fioor to fioor, floor to window head
and sili and floor to ceiling; structural elements and
assemblies; interior and exterior wall finishes; and wall and
roof assembly;
5.1.2.7 Outline specifications, written description of building
systems, park elements and components including site
work, room finishes, product cut sheets and special
equipment.
5.1.2.8 Verify all code compliance including building construction
type, occupancy sprinkler requirements, existing, zoning
and other agency conformance and ADA.
5.1.2.9 Delivery of 3D rendered images, color and material boards,
special system or equipment plans.
5.2 Prepare and submit to City detailed cost estimates with ODD.
5.3 Submit completed DDD to City. Obtain comments from City and make
revisions to DDD as required. Obtain written approval or conditional approval from
City to proceed to Phase II Services. If conditional approval granted, D/B shall
address all City comments or issues in the next set of drawings developed. City.
retains the right to withhold approval and require resubmittal of the ODD. Any delay
or additional costs resulting from the re-submittal shall be borne exclusively by D/B
and not be grounds for an Increase in the GMP or Contract Time.
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Section 6: D/B's Phase II Services and Obliqations - Construction Documents
6.1 D/B's services in Phase II shall include but are not limited to the following:
6.1.1 D/B shall continue to develop and refine project requirements and
review such requirements with City;
6.1.2 D/B shall prepare CD's which shall include, without limitation, the
following:
6.1.2.1 Architectural plans and details, including:
6.1.2.1.1 Site plan indicating general location and nature
of on-site and the necessary off-site
improvements.
6.1.2.1.2 Floor plans, including roof, showing space
assignments, sizes, and location of installed or
fixed and movable equipment which affects the
design of the spaces.
6.1.2.1.3 Building elevations indicating exterior design
elements and features, including fenestration
arrangements, materials, mechanical and
electrical features appearing on the walls, roofs,
and adjacent areas.
6.1.2.1.4 Interior elevations to establish functional
requirements, equipment, and all systems
locations.
6.1.2.1.5 Typical building sections showing primary
structural members, dimensions, and
accommodation of functional systems.
6.1.2.1.6 Typical wall sections sufficient to indicate
materials, openings, and major features.
6.1.2.2 Structural drawings including plans and sections of
sufficient clarity and detail to show the extent and type of
structural system and dimensions, final structural design
criteria, foundation design criteria, preliminary sizing of
major structural components, critical coordination
clearances and applicable material lists.
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.._-~"....,...,- .. ..... ..... ..""...._-,. -- -~_.__.~-_.-.--.-._-_._- _.~"'-".._._.,,,._--
6.1.2.3 Mechanical plans and details;
6.1.2.4 Landscape and Irrigation plan and details;
6.1.2.5 Electrical plans and details;
6.1.2.6 Plumbing plans and details;
6.1.2.7 Plans showing installation of major systems, equipment,
fixed furnishings and graphics;
6.1.2.8 Technical specifications;
6.1.2.9 All other technical drawings, schedules, diagrams and
specifications, to set forth in detail the requirements for
construction of the Project which, at a minimum, include:
6.1.2.9.1 Provide information customarily necessary for the
use of those in the building trades;
6.1.2.9.2 Include documents customarily required to obtain
regulatory agency approvals;
6.1.2.9.3 Provide color board and architectural rendering for
required presentations.
6.1.2.10 Mechanical design documentation consisting of continued
development and expansion of schematic mechanical
design consisting of:
6.1.2.10.1 Single line layouts and the approximate sizing of all
equipment and capacities, preliminary equipment
layouts.
6.1.2.10.2 Required space requirements for the equipment,
required chases and clearances, acoustical and
vibrations control, visual impacts and energy
conservation measures.
6.1.2.11 Electrical design documentation consisting of continued
expansion of the schematic electrical design consisting of:
6.1.2.11.1 Criteria for lighting, electrical, communications
audio visual, close circuit TV., lighting controls and
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other electrical systems typical to civic facilities, the
approximate sizes and capacities of major
components transformers-panels-switch gears;
6.1.2.11.2 Preliminary equipment layouts, required space for
equipment, required chases and clearances.
6.1.2.12 Sections through critical areas showing coordination of
architectural, structural, mechanical and electrical
elements.
6.1.2.13 Final specifications, including but not limited to the
following:
6.1.2.13.1 Architectural: general description of the
construction, including Interior finishes, types and
locations of acoustical treatment, typical and
special floor coverings and final exterior and Interior
material selection;
6.1.2.13.2 Mechanical: description of air conditioning, heating
and ventilation systems and controls, ducts, and
piping system;
6.1.2.13.3 Electrical: description of electrical services,
including voltage, type and number of feeders,
lighting systems, including lighting levels and
audiovisual, security-fire alarms and cable antenna
teievision systems;
6.1.2.13.4 Landscape: General description of the construction,
including plan materials, plant locations,
maintenance period and irrigation systems.
6.1.2.13.5 Play Areas: Description of play equipment including
installation procedures, type, color, finishes and
locations.
6.1.2.13.6 Site Work: General description of the construction,
including finishes, types of materials and locations.
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"_._n~____'.__.____~...'_'_~"""__"____~_·___·__·_
·
6.1.2.13.7 Other: Such other documents to fix and describe
the size, quaiity and character of the entire Project,
its materials, and such other eiements as shall be
appropriate.
6.1.2.14 Plumbing drawings including location and quantity of
fixtures, equipment sizes, room sizes for plumbing
equipment, and final specifications as appropriate.
6.1.3. Utilizing the 2000 Edition of the Standard Specifications for Public
Works Construction, 2000 Edition of the Chu[a Vista Standard
Special Provisions, 2000 Edition of the Regional Standards, 2002
Edition of the Chula Vista Construction Standards, the City's facility
program, performance and design criteria, concept drawings, and
reports incorporated herein by reference, DB shall:
6.1.3.1 Prepare CD's and specifications suitable for obtaining City-
approved permits and to allow construction. Preparation
of technical materials and equipment specifications for pre-
purchase will be the responsibility of the DB.
6.1.3.2 Submit Construction Documents to the City for plan check,
and make any changes therein as may be lawfully
required. Obtain general building permit and a[1 ancillary
permits and licenses, including but not limited to,
demolition permits, improvement permits and grading
permits.
6.1.3.3 Complete the design for all elements of the Project,
including, but not limited to: civil, structural, architectural,
mechanical, electrical, landscape, and specialty consulting
areas.
6.1.3.4 Evaluate altemative structural and construction
approaches to ensure economical designs, which optimize
constructability yet meet all codes, architectural concepts,
schematic designs, and standard specifications of the
Project. Design and construction shall also meet a[1 ADA
requirements.
6.1.3.5 Provide additional site surveys and geotechnicai
investigations to the extent the DB determines they are
necessary for final design. The survey information
provided by the City is preliminary in nature and may not
have sufficient accuracy or scope to support final design.
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6.1.3.6 Furnish support to a City constructability review team at
the 50%, 70% and 90% percent design completion stage.
Incorporate the results of this review into the design.
6.1.3.7 Provide updated construction cost estimates at durations
specified in this agreement to support Value Engineering
(VE) and constructability reviews.
6.2 D/B shali determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of
the Project.
6.3 D/B shall prepare a detailed Critical Path Method schedule for all construction
components of the Project (" Detaiied Construction Scheduie" or "DCS") utilizing
Microsoft Project software, showing ali major milestones, bid dates for the major bid
packages, commencement of construction, sequence of construction, completion of
structural elements, completion of the community park, all of which shali conform
with the dates of Substantial Completion and Final Compietion of Project.
6.4 Review as needed the CD's with the governmental authorities having
jurisdiction over the Project.
6.5 Notify City within seven (7) days in writing whenever D/B reasonably believes
that the cost of the Project is likely to exceed the GMP or Contract Time and include
in said notice:
6.5.1 An itemized cost breakdown estimate;
6.5.2 A list of recommended revisions which D/B believes will bring Project
within the GMP;
6.5.3 Assist City in reviewing the itemized cost breakdown and
recommend revisions so that City can revise the scope of the
Project so that the GMP is not exceeded.
6.5.4 Provide a master accounting system and matrix on Microsoft Excel
that will be updated, expanded and provided to the City monthly as
the Project develops.
6.6 D/B shall develop and implement Project Management Plan and Procedures
including:
6.6.1 Project status reports
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_ _.___~ ___ _._.___.__~__'__"'M'_.."".__,"____
6.6.2 Coordinationlinterface with the City and its other
co nsultants/contractors
6.6.3 Intentionally Left Blank
6.6.4 Biweekly Design and Construction meetings
6.6.5 Interface and communications with other agencies
6.6.6 Vendors and subcontractors management
6.6.7 Document control
6.6.8 Schedule and budget control
6.6.9 Quality assurance and quality control
6.6.10 Throughout the design phase, the D/B shall provide scheduling and
cost control reports monthly.
6.7 Submit and obtain approval from City of Phase II items. Provide written
confirmation that the project is still within the GMP and can be built in accordance
with the DCS. Said written confirmation shall include an accounting of all costs and
expenses incurred to date against the GMP. Obtain written approval from City to
proceed to Phase III.
6.8 City and D/B may mutually agree in writing that D/B may contract for or
perform certain limited Phase III services during earlier phases to expedite
completion of the Project, for such tasks as, for example, demolition of the buildings
and relocation of utilities, and other critical path activities to meet the Project
Construction Schedule. However, absent such written agreement, D/B shall not
proceed with any Phase III services until the City issues a written Notice to Proceed
with Phase III.
6.9 Present to the City for approval the following: 100% CD's, Management and
Implementation Plan, DCS.
6.9.1 Upon presentation by D/B to the City of the items specified in
Section 6.9, the City may:
6.9.1.1 Approve the 100% Construction Documents, and
Management and Implementation Plan and DCS, and
authorize D/B to proceed with Phase III services; or
6.9.1.2 Determine not to proceed with the Project and terminate
this Agreement in accordance with Section 26.3 of this
Agreement; or
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6.9.1.3 Direct D/B to revise and resubmit documentation submitted
to City pursuant to this Section which does not conform to
previously approved direction of City any delay or additional
costs resulting from the resubmittal shall be borne
exclusively by D/B and not to be grounds for an increase in
the GMP or Contract Time.
Section 7: D/B'S Phase III: Construction Administration
7.1 After City formally approves any required cost estimates, 100% CD's and
Construction Schedule, City shall issue to D/B a written Notice to Proceed with
Phase III Services. The D/B shall construct the Project in accordance with City-
approved plans and specifications prepared by the DB to meet or exceed all
requirements of the City provided program, schematic design and the performance
criteria. The D/B's Phase III Services shall include but are not limited to:
7.1.1 Prepare and submit to City for review separate bid packages as D/B
determines appropriate to enable the construction of the Project to
proceed in an efficient and cost effective manner;
7.1.2 Conduct competitive bidding for the respective bid packages.
7.1.3 D/B shall require additive alternates for extended warranties in bid
packages for roofing and HVAC systems.
7.1.4 Schedule and conduct pre-bid conferences to answer questions
posed by bidders; said answers and any other information required
to provide clarification to the Construction Documents during the
bidding process shall be issued as written addenda and provided to
all prospective bidders;
7.1.5 Execute subcontracts, in D/B's own name, with the bidder best
meeting the monetary, time, and performance requirements of the
Project in the professional opinion of the D/B.
7.1.6 Perform construction management and administration services
during the construction of the Project;
7.1.7 Be responsible for and coordinate all construction means, methods,
techniques, sequences and procedures;
7.1.8 Coordinate scheduling of bid packages, submittals, and all design
and construction of the Project to ensure the efficient and orderly
sequence of the construction of the Project. Monitor and report to
the City on actual performance compared to schedule;
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---"----. -..-.- ,......., - ---,._--_.._-~,._._..._--...._..__.._--_._..-
7.1.9 Give all notices and comply with laws, ordinances, rules, regulations,
and lawful orders of public authorities relating to the Project;
7.1.10 Provide timely review and approval of shop drawings, samples of
construction materials, product data, schedule submittals, and other
submittal for compliance with the Construction Documents; keep City
advised of all such matters being reviewed and approved by D/B;
7.1.11 Issue responses to Requests for Information, substitution requests,
and Change Order requests. Provide City with copy of all
correspondence within twenty-four (24) hours of receipt. Conduct
weekly review meetings with City to discuss these items. All change
orders, including zero dollar change orders which require the use of
D/B Contingency Fund, irrespective of impact on GMP and Contract
Time shall require City approval;
7.1.12 Establish and maintain a quality control program with appropriate
reviews and independent testing procedures to ensure compliance
with the Construction Documents;
7.1.13 Coordinate all required inspections in such a manner that the
progress of construction is not affected or impacted;
7.1.14 Correct any work which does not conform to the Construction
Documents;
7.1.15 Keep City informed of the progress and quality of the design and
construction of the Project;
7.1.16 Pay royalties and license fees, if applicable. D/B shall defend suits
or claims for infringement of patent rights and shall defend and hold
City and City's agents harmless from loss on account thereof; except
that City shall be responsible for such loss when a particular design,
process or product of a particular manufacturer is required by City.
However, if D/B has reason to believe the use of a required design,
process or product is an infringement of a patent, D/B shall be
responsible for such loss unless such information is promptly given
to the City in writing.
7.1.17 Ensure Project is maintained in a clean, neat, sanitary and safe
condition free from accumulation of waste materials or rubbish. Prior
to Final Completion, D/B shall cause to be removed from and about
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the Project all tools, construction equipment, machinery, surplus
materials, waste materials and rubbish;
7.1.18 Develop a mutually agreed upon program to abate and minimize
noise, dust, and disruption to access for parking and services at all
times for adjacent business entities and residences;
7.1.19 Provide City with a DCS on an approved software within fourteen
(14) working days after receiving Notice to Proceed with Phase III,
provide updated versions of DCS on a monthly basis, and provide
immediate notice of any impact on critical path items;
7.1.20 Conduct and prepare minutes for weekly Project team meetings with
City and appropriate design and construction members;
7.1.21 Maintain a complete and up-to-date set of Construction Documents
in the Projects field office at all times during construction which
reflect all changes and modifications, and at the end of construction
prepare for City a complete set of Project documents, along with four
reproducible, and one electronic set of drawings depicting As-Built
conditions for Project;
7.1.22 Notify City in writing when D/B believes that the Project has
achieved Substantial Completion, participate with City in inspecting
the completed construction, prepare punchlists, and cause the
punchlist items to be performed and/or corrected In accordance with
the Construction Documents;
7.1.23 Notify City in writing when D/B believes that the Project has achieved
Final Completion. Assemble and deliver to City upon Final
Completion all records, documents, warranties, bonds, guarantees,
maintenancel service contracts, and maintenance and operating
manuals;
7.1.24 Inspect the Project during the one-year general building warranty
period, identify items requiring repair, and oversee those repairs.
Inspect the each component at 180 and 360 days after Final
Completion of Project and prepare reports to City, develop budgets
and direct all repairs.
7.1.25 Conduct contractor meetings, as necessary, to provide technical
input.
7.1.26 Provide interpretation of technical specifications and drawings.
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--..._...~-"-----..--- -- ~.._._-
7.1.27 When appropriate, witness testing and review materials and
equipment testing results and provide comments regarding
conformance with specification requirements.
7.1.28 Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical compliance and forward copy to City
for review.
7.1.29 Assist during final acceptance process by furnishing final walk-
through(s) and comments.
7.1.30 The DB shall be responsible for complete management, supervision,
and reporting of all aspects of the construction of this Project.
7.1.31 The DB shall provide resident management and contract
administration, including specialists necessary for the functional,
safe, on-budget and on-schedule completion of the Project, starting
with the issuance of a Notice to Proceed, upon receipt of final CD's,
from the City and extending through issuance of Notice of
Completion and Acceptance. City staff will perform inspections to
verify compliance with the plans, specifications and contract
documents.
7.1.32 The DB resident staff shall ensure construction compliance with
applicable local, state, and federal codes, building and
environmental permit requirements, construction mitigation
documents and enforcement of the Contract Documents.
7.1.33 The DB is responsible for the design, construction and all contract
administration services during the construction of the Project in
accordance with all applicable laws, regulations, and codes,
including, but not limited to, the 1990 Americans with Disabilities Act
(ADA) and Title 24 California Code of Regulations (Building Code)
as defined in Section 18910 of California Health and Safety Code
(Title 24). The DB is responsible as a designer, employer, and City
representative to comply with all portions of Title 24 and the ADA.
7.1.34 The DB shall provide surveying, and other contracted services as
required to complete project construction inspection and testing
tasks. The City will provide special inspection services and periodic
building inspections. DB is responsible for scheduling and
coordinating all inspections and paying for all re-inspections.
7.1.35 The DB shall develop a project-specific Plan for defining, tracking
and reporting cash flow activity requirements and submit such plan
to the City for review and approval prior to implementation.
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7.1.36 The DB shall implement and maintain an internal records
management and document control system as required to support
project operations. The DB shall provide records management and
document control information in a manner consistent with the City's
reporting system.
7.1.37 The DB shall administer and coordinate the project contract closeout
process and shall resolve any warranty provision issues. The DB
shall report progress of project contract closeout to the City in a
manner consistent with the City's reporting system.
7.1.38 The DB shall administer and enforce the Environmental Mitigation
Monitoring and Reporting Plan for the Project, if any. The DB shall
report a record of environmental issues to the City in a manner
consistent with the City's reporting system.
7.1.39 Prepare Operations Manual.
7.2 Unless the D/B receives the City's prior approval to substitute equal or better
quality materials, the D/B warrants to City that materials and equipment incorporated
in the Project will be new, unless otherwise specified, and that the Project wiil be of
good quality, free from faults and defects, and in strict conformance with the
Construction Documents and in accordance with Section 22.
Section 8: D/B's Phase IV Services and Obliaations: Operation/Startup Phase
8.1.1 The DB shall prepare, submit for City review and written approval,
and implement a Project Startup and Testing Plan for the Project.
8.1.2 The DB shall conduct Operator Training Sessions for facilities.
8.1.3 The DB shall supervise, manage, and coordinate all project startup
and testing activities for mechanical systems within the provisions of
the project Contract Documents.
8.1.4 The DB shall report progress of project startup and testing to the
City in a manner consistent with the City's reportin{J system.
8.1.15 The DB shall report to the City all guarantee/warranty disputes. The
DB shall proceed to resolve such disputes after having submitted to
the City for review and approval the DB's approach for obtaining
resolution for the dispute.
Section 9: Additional Services
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_."-----~.._---_..._---~-_.--.~._._-_._.._-
·
9.1 City will have the right to direct D/B to perform Additional Services beyond
those specified in this Agreement. D/B may provide Additional Services only if
authorized in writing, in advance, by City and after complying with Section 9.4. The
City may propose changes to the Work of a subcontractor after the bid has been
awarded. In the event of a change of this nature, D/B will estimate the cost of the
Change Order, assist City in developing drawings and specifications as necessary,
solicit a revised bid, negotiate with the subcontractor, present a recommendation for
a Change Order to City, and implement construction as approved by City.
9.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably necessary costs of the Project, D/B shall be paid a fee
pursuant to the sliding scale as determined on Exhibit 2. Said fee shall cover all
home office overhead and profit to be earned as additional services.
9.3 For additional services, which result in an extension of the Substantial
Completion date, D/B shall be paid a fee equal to the number of working days the
Substantial Completion date is extended multiplied by the daily proration of the
general conditions fee included within the GMP.
9.4 If at any time D/B contends that it is being asked to perform Additional
Services, it shall give City written notice 5 days prior to performing said services
indicating that D/B intends to seek additional compensation beyond the D/B Fixed
Fee. Furnishing advance written notice shall be a condition precedent to being able
to seek additional compensation from City.
Section 10: Bonds
10.1 D/B shall furnish performance and payment bonds with the names of the
obligees designated as the City in the amount set forth below, as security for the
faithful performance and payment of all D/B's obligations under the Agreement.
These bonds shall remain in effect at least until thirty (30) days after the filing date of
Notice of Completion, except as otherwise provided by law or regulation or by this
Agreement. D/B shall also furnish such other bonds as are required by this
Agreement.
10.1.1 The performance bond shall be in the amount of 100% of the GMP.
10.1.2 The payment bond shall be in the an amount of 100% of the Hard
Construction Costs.
10.2 All bonds shall be in the form prescribed by City and by such sureties which
are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by this
agreement and which also satisfy the requirements stated in Section 995.660 of the
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Code of Civil Procedure, except as provided otherwise by laws or regulations. All
bonds signed by an agent must be accompanied by a certified copy of such agent's
authority to act. Surety companies must be duly licensed or authorized in the
jurisdiction in which the Project is located to issue bonds for the limits so required.
10.3 If the surety on any bond furnished by D/B is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the
Project is located, D/B shall within seven (7) days thereafter substitute another bond
and surety, which must be acceptable to City.
Section 11: Insurance
11.1 The insurance provisions herein shall not be construed to limit D/B's
indemnity obligations contained in this Agreement.
11.2 D/B shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by the D/B, his agents,
representatives, employees or subconsultants. All subconsultants shall be required
to comply with the applicable insurance provisions. The maintenance of proper
coverage is a material element of the contract and that failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of contract.
11.3 Minimum Scope of Insurance
11.3.1 Coverage shall be at least as broad as:
11.3.1.1 insurance Services Office Commercial General Liability
coverage (occurrence Form CG 0001) including
Insurance Services Office Form (CG0009 11 88 Owners
and Contractors Protective Liability Coverage Form -
Coverage for Operations of Designated Contractor).
11.3.1.2 Insurance Services Office Form Number CA 0001
covering Automobile Liability, Code 1 (any auto).
11.3.1.3 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
11.3.1.4 Errors and Omissions Insurance.
11.3.1.5 Builder's Risk Property Insurance:
The City of Chula Vista will provide coverage for "all
risk" Builder's Risk Insurance, excluding the peril of
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__ _ _____...___..__~_~~.~.____ __._m
earthquake, and subject to other policy terms,
conditions and exclusions, Coverage will be provided
for the Full Hard Cost Replacement Cost of Materials,
Equipment and fixtures destined to become a
permanent part of the structure, Property in Transit, and
Property in Offsite Storage for Harborside Park
construction in an amount not to exceed $1.7 million.
Contractors and Subcontractors will be added to policy
as Loss Payees as their interest may appear.
Contractor and its Subcontractors will be solely
responsible for any loss or damage to their personal
property including contractor's tools and equipment
owned, used, leased, or rented by the Contractor or
Subcontractor.
Any policy deductible amount will be the responsibility
of Contractor and/or Subcontractor.
11.4. Minimum Limits of Insurance
11.4.1 Contractor or appropriate subconsultant shall maintain limits no less
than:
11.4.1.1 General $2,000,000 per occurrence for bodily
Liability: injury, personal injury and
property damage. If
(Including Commercial General
operations, Liability Insurance or other
products and
completed form with a general
operations.) aggregate limit is used,
either the general
aggregate limit shall apply
separately to this
project/location or the
general aggregate limit
shall be twice the required
occurrence limit.
11.4.1.2 Automobile $1,000,000 per accident for bodily injury
Liability: and property damage.
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,
11.4.1.3 Workers' $1,000,000 Per accident for bodily
Compensation injury, disease-policy limit
Employer's and
Liability: disease-each employee.
11.4.1.4 Errors and $1,000,000 per occurrence
Omissions: $2,000,000 policy aggregate
11.4.1.5 Builder's Risk $1.7M Hard Construction Cost of
(City to Structure
Provide)
11.5 Deductibles and Self-Insured Retentions
11.5.1 Any deductible or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers;
or the D/B shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
11.6 Other Insurance Provisions
11.6.1 The general liability, auto liability, and where appropriate, the
worker's compensation policies are to contain, or be endorsed to
contain, the following provisions:
11.6.1.1 The City, its officers, officials, employees, and volunteers
are to be covered as liability additional insureds using ISO
Form CG 2010 "ongoing operations" or its equivalent, and
including CG2037 (10/01) or it's equivalent,
"Products/Completed Operations" with respect to liability
arising out of work or operations performed by or on
behalf of the D/B including materials, parts or equipment
furnished in connection with such work or operations.
The City of Chula Vista, its officers, officials, employees,
agents, and volunteers are to be named as additional
insureds with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the
contractor
11.6.1.2 For any claims related to this project the D/B's insurance
coverage shall be the primary insurance as respects the
City, its officers, officials, employees, and volunteers. Any
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insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be
excess of the D/B's insurance and shall not contribute
with it.
11.6.1.3 Coverage shall not extend to any indemnity coverage for
the sole negligence of the additional insured in any case
where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Sections 2782 of
the Civil Code.
·
11.6.1.4 Contractor's insurer will provide a Waiver of Subrogation
in favor of the City for each required policy providing
coverage during the life of this contract
11.6.1.5 Each insurance policy required by this clause must be
endorsed to state that coverage will not be canceled by
either party, except after thirty (30) days' prior written
notice to the City by certified mail, return receipt
requested.
·
11.7 Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements
should be on insurance industry forms, provided those endorsements or policies
conform to contract requirements. All certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the
right to require, at any time, complete, certified copies of all required insurance
policies, including endorsements evidencing the coverage required by these
specifications.
11.7.1 Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the
State of Califomia with a current A.M. Best's rating of no less than A- V. If insurance
is placed with a surplus lines insurer, insurer must be listed on the State of California
List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no
less than A X. Exception may be made for the State Compensation Fund when not
specificaliy rated.
·
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11.8 Subcontractors
11.8.1 All coverages for subcontractors or subconsultants shall be subject
to all of the requirements stated herein. Subcontractors and
Subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein.
Subcontractors and Subconsultants shall name City and D/B as
additional insureds under its policies.
11.9 Cooperation. The D/B and its Contractors shall cooperate fully with and
provide any information or records requested by the City or regarding all aspects of
the insurance and project, including but not limited to claims, audit, payroll,
insurance records and safety. Delays in reporting information to the City may result
in delays in progress payments to the D/B.
11.10 Prior to beginning Work under the Agreement, each and every Contractor of
any tier shall furnish Certificates of Insurance satisfactory to the City. All such
Certificates shall contain at least the following provisions:
11.10.1 Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or material reduction in coverage.
11.10.2 The words "will endeavor" and "but failure to mail such notice shall
impose no such obligation or liability of any kind upon the company,
its agents or representatives" will be deleted from the Certificates.
11.10.3 Throughout the life of the Agreement, each and every Contractor of
any tier shall pay for and maintain in full force and effect, with
Insurers authorized by the California Insurance Commissioner to do
business in the State of California, any policies required by this
Agreement.
11.10.4 Any insurance provided for this project is to be placed with licensed
insurers admitted to transaction business in the State of California
with a current A.M. Best Rating of not less than A-:V. If insurance is
placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers (LESU) with
a current A.M. Best's rating of no less than AX Any exceptions are
at the sole discretion of the City and subject to written approval of
the City.
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. ~----~--------_.__._-_.._"-~
11.11 Questions concerning the insurance requirements of this Agreement shall be
directed to the City Representative.
Section12: Inspection
12.1 City shall be responsible for City inspection and material testing and
inspections, with reimbursement to be required by D/B for any re-inspections. The
City shall either perform said inspection services with its own forces or contract with
third parties. It shall be the responsibiiity of D/B, however, to call for, coordinate and
schedule all inspections.
12.2 City, its consultants, subcontractors, independent testing laboratories as well
as other governmental agencies with jurisdictional interests will have access at
reasonable times for this observation, inspecting and testing. D/B shall provide
them proper and safe conditions for such access and advise them of D/B's safety
procedures and programs so that they may comply.
12.3 City will make, or have made, such inspections and tests, as the City deems
necessary to see that the Work is being accomplished in accordance with the
requirements of the Construction Documents or shall in any way limit or modify
D/B's indemnity obligations as provided for within this agreement. Unless otherwise
specified, the cost of such inspection and testing will be borne by the City. In the
event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents, D/B shall bear the cost of corrective measures deemed
necessary by City, as well as the cost of subsequent re-inspection and re-testing.
Neither observations by the City nor inspections, tests, or approvals by others shall
relieve D/B from D/B's obligations to perform the Work in accordance with the
Construction Documents. D/B shall give City timely notice of readiness of the Work
for all required on and off-site inspections, tests, or approvals and shall cooperate
with inspection and testing personnel to facilitate required inspections or tests. D/B
shall give at least 24 hours notice for on-site inspection and five (5) days notice for
off-site inspection.
12.4 City has the right to stop or suspend Work activities which will conceal or
cover up D/B Work product which is to be inspected or tested, or which will interfere
with the inspection or testing activities, for a reasonable time and D/B will have no
right to additional cost or time it may incur as a result of the Work stoppage.
Section 13: D/B GMP for Services and Reimbursements
,
13.1 D/B shall submit to City 90% Construction Documents ("CD's") for approval.
Upon the approval of the 90% CD's, D/B shall, within ten (10) working days, submit
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.
a GMP for approval by City. The GMP shall include all Hard Construction Costs,
D/B Contingency Fund, Reimburseable Costs, and D/B Fixed Fee for the complete
design and construction of the entire Project as specified in the 90% CD's; provided
that:
13.1.1 The GMP shall not exceed $1,554,224 for the Park and include
within said GMP shall be no more than $217,335 for Design Services
and General Conditions as previously identified in Section 1.3.1 of
this agreement.
13.1.2 Said GMP shall be supported by a detailed itemized breakdown that
shows: the D/B Fixed Fees and the expected Hard Construction
Costs for each of the major trades or the Project which will include
labor, material expenses, equipment costs, and a reasonable D/B
Contingency Fund. Said D/B contingency fund shall not exceed 5%
of the Hard Construction Costs.
13.1.3 All Hard Construction Costs included in the GMP are for direct
Construction costs incurred in performing the work, including taxes,
delivery and installation. City shall reimburse D/B for the exact
amount of subcontract, self preformed work or invoice amount. No
additional D/B markup, handling fees, overhead, or other charges
are to be added or paid except as otherwise set forth in this
agreement. Upon Final Completion of the Project, any amount of
Hard Construction Costs or D/B Contingency Fund monies not
utilized shall result in a deductive Change Order.
13.1.4 The GMP shall include a D/B Contingency Fund which can be used
by the D/B with City approval. If the Parties mutually agree that
there is a sufficient surplus, the D/B Contingency Fund will be
available to provide additional funds for Change Orders as provided
for in Section 7 of this Agreement. This Contingency Fund will not
be available for: (1) Work required due to D/B's and/or
Contractors/subcontractors failure to perform according to the terms
of this Agreement and/or in compliance with the Construction
Documents, or (2) uninsured losses resulting from the negligence of
D/B or its Contractors/subcontractors. All change orders, including
zero dollar change orders, which require the use of the D/B
Contingency Fund, shall require City approval. The City reserves the
right to seek reimbursements for any funds used due to errors or
omissions of the Design Consultants.
13.1.5 D/B shall prepare, with the cooperation of the City, alternate bid
items to assist in meeting the GMP;
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,...-.. ...~ ".__ _. _.._."........____..____..o'.'_··._____
13.2 Except as otherwise expressly provided in this Agreement, as full and
complete compensation for performance of all services and obligations under this
Agreement, 0/8 shall be compensated ("0/8 GMP") by a sum to be determined at
90% construction documents. GMP shall include the not to exceed amount of
$100,000 for General Conditions and $117,335 for Design Services for a total of
$217,335. Said $217,335 for General Conditions and Design Services shall not be
exceeded unless additionai services are requested pursuant to § 7 above or a
change order issued pursuant to § 14. Unless otherwise expressly provided in this
Agreement, 0/8 GMP shall include full compensation for all costs of any type
incurred by 0/8 in performing all services and obligations under this Agreement,
including but not limited to the following:
13.2.1 All Design Consultants, including but not limited to architectural,
structural, civil, mechanical, electrical, communications, graphics and
art consultants, landscape architects, and acousticai, audio visual,
lighting, and security consultants.
13.2.2 Estimating, value engineering and construction management;
13.2.3 Construction supervision and project management personnel,
including but not limited to superintendents, Project managers,
Project secretaries, Project engineers, Project accountants, and all
other 0/8 personnel wherever located;
13.2.4 All on-site and off-site equipment, supplies and facilities, including
but not limited to, computers, estimating, dictating, communication
and accounting equipment, office space, trailers, field equipment and
storage facilities;
13.2.4.1 In no case shall the cumulative monthly rental charges
to the Project for equipment and Small Tools used by
the 0/8 exceed 90% of the fair market value of anyone
piece of equipment or Small Tools. At City's option, the
full price for equipment or Small Tools may be paid, and
City may take possession upon completion of the Work.
13.2.5 All home-office and field overhead costs of any type including
document control and retention;
13.2.6 All business license costs;
13.2.7 All profit 0/8 intends to earn under this Agreement.
13.2.8 All direct and incidental costs incurred by 0/8, except for those
specifically identified in Section 9.
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13.3 D/B shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs."
13.3.1 Any reimbursable cost expressly provided for elsewhere in this
Agreement.
13.4 D/B agrees and acknowledges the City retains its full and complete discretion
for all legislative actions, including any future appropriations necessary to complete
this Project or fund this Agreement. As more fully provided in Section 26, the City
may terminate this Agreement for any reason, including but not limited to, if City
Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term
financing.
Section 14: Chanoe in GMP and Contract Time
14.1 The GMP and Contract Time may only be changed by written Change Order.
Change Orders shall be issued only under the following circumstances:
14.1.1 The City directs D/B to perform Additional Services or City Changes
as provided in Section 9.
14.1.2 For reasons expressly provided elsewhere in this Agreement.
14.2 The following procedure shall be followed for the issuance of Change Orders:
14.2.1 Upon the occurrence of any event that gives rise to a Change Order,
D/B shall give the City notice of the same with 5 days. D/B shall not
proceed with any such services or work until such notice has been
given to the City except if such services or work are necessary to
protect public health, safety or property.
14.2.2 Unless otherwise directed by the City Representative in writing,
before proceeding with any Change Order work D/B shall promptly
provide the City with a detailed and complete estimate of cost
impact associated with the Change Order, including all appropriate
direct and indirect costs and credits. All such costs and credits shall
be accurately categorized into D/B Fixed Fee, Reimbursable Costs
or Hard Construction Costs. D/B shall also provide City with a
realistic estimate of the impact, if any, the Change Order will have
on the Contract Time.
14.2.3 Upon submission of the detailed estimates by the D/B, the Parties
will attempt to negotiate an appropriate adjustment in GMP and
Contract Time. If an agreement is reached, a Change Order
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. -- .__....,-_..._,_._--~-~--"--_._..__._---,.
reflecting the agreement will be executed by the Parties. If an
agreement is not reached, the City shall have the option to direct the
D/B to proceed with the subject services and/or work, during which
time the D/B shall contemporaneously maintain accurate and
complete records of all labor, material and equipment utilized in
performing the subject services and/or work. These records shall be
submitted to the City and shall become the basis for continued
negotiations between the Parties for an equitable adjustment to the
GMP and/or Contract Time.
14.2.4 In the event there is any disagreement or dispute between the
Parties as to whether the D/B is entitled to a Change Order or the
amount of the Change Order, the matter shall be resolved in
accordance with Section 33. D/B shali not have the right to stop or
delay in the prosecution of any services or work, including services
or work that is the subject of the Change Order, pending this
resolution process. Instead, D/B shall continue diligently
prosecuting all such services and work.
14.2.5 City may, in its sole discretion, adjust the GMP or Contract Time for
any undisputed amount or time associated with the Change Order or
Additional Services.
Section 15: Pavment Terms
15.1 D/B shall provide all Phase I, II and IV services for the Phase I, II and IV Fee.
D/B shall submit certificate and application for payment to the City on a monthly
basis for Phase I, II and IV services rendered and costs incurred. The monthly
payment shall be based upon percentage of completion of the Schedule of Values
plus any Reimburseable Costs as provided in Section 15.3.
15.2 D/B shall provide all Phase III services for the Phase III Fee. D/B shall submit
certificate and application for payment to City on a monthly basis for Phase III
services. The monthly payment application shall be based upon the percentage of
completion of the Schedule of Values plus any Reimbursable Costs and Hard
Construction Costs as provided in Section 15.3 and 15.4, less any payments
previously made by the City and subject to the receipt of unconditional lien releases
for all prior payments and if the invoiced amount is not disputed by City, it shall pay
D/B ninety percent (90%) of payment application based upon the percentage
complete of the Schedule of Values and 100% of the reimbursable costs within thirty
(30) days after receipt of the fully documented invoice. City will withhold the
remaining 10% as security for D/B's full performance.
15.3 D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, D/B shall include with each month
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payment application an itemization of all such Reimbursable Costs actually incurred
by D/B, during the previous month. If requested by the City, D/B shall provide all
backup documentation supporting such Reimbursable Costs.
15.4 D/B shall develop and maintain an accurate system for tracking all Hard
Construction Costs it incurs on the Project. Utilizing this system, D/B shail include
with each monthly application for payment an itemization of ail Hard Construction
Costs actually incurred by D/B during the previous month.
15.5 D/B shall separately submit to City certificate and application for payment on
a monthly basis for any authorized Additional Services performed by D/B. Subject
to the receipt of unconditional lien releases for all prior payments and if Additional
Services are not disputed by City, City shail pay ninety percent (90%) of the invoiced
amount within thirty (30) days of receipt of fuily complete invoice. City will withhold
the remaining 10% as security for D/B's fuil performance.
15.6 Subject to Sections 15.8, City shail pay D/B the ten percent (10%) retention
being withheld pursuant to Sections 15.2, and 15.5 as part of the "Final Payment" to
D/B. Final Payment will be made thirty-five (35) days after Final Completion.
15.7 The City Manager will consider the release of the entire retention for
subcontractors upon completion of the subcontractors' work and execution of a
disclaimer and unconditional final lien release by the subcontractor.
15.8 In lieu of withholding retention under this Agreement, at the election of DIB,
City will deposit retention amounts into escrow andlor the substitution of securities
for money as provided in California Public Contract Code Section 22300.
Section 16: Proiect Completion
16.1 Substantial Completion shall be that stage in the progress of the construction
when all Work on the Project is sufficientiy complete in accordance with the
Construction Documents so that City can fuily utilize entire Project; Substantial
Completion shall further mean that all goods, services and systems to be provided
under the terms and conditions of the Construction Documents are in place and
have been initially tested, and are operationally functional, subject only to final
testing, balancing and adjustments and normal Final Completion punch list Work.
16.2 Final Completion shail be deemed to occur on the last of the foilowing events:
(1) recordation of a Notice of Completion for the Project; (2) acceptance of the
Project by the City; (3) issuance of a final Certificate of Occupancy for the Project;
(4) submission of ail documents required to be supplied by D/B to City under this
Agreement, including but not limited to As-Built Drawings, warranties, and operating
manuals; (5) and delivery to City of a Certificate of Completion duly verified by D/B.
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---- -.- -- ------,-.---- -- --------,._-~_._------- --.-._._'~---
16.3 D/B shall provide City with a Certificate of Completion, certifying to City under
penalty of perjury that the Project has been completed in accordance with the
Construction Documents, all applicab[e building codes and regulations, all permits,
licenses, and certificates of Inspection, use and occupancy, and ordinances relating
to the Project.
16.4 D/B shall provide five sets of City final record drawing documents at the end
of construction and one copy in electronic format ("As-Built Drawings") and one copy
of reproducibie drawings. As-Buiit Drawings are to be accurate and legible records
showing exact location by dimensions, and the exact depth by elevation of
underground lines, valves, plugged tees, wiring and utilities.
16.5 D/B shall provide a copy of, or make available before destruction, all records
(which Includes a[1 writings as defined in Evidence Code Section 250) to the City
upon receipt or generation, which shall include a copy of D/B's filing protocol.
Section 17: Contract Time
17.1 The "Contract Time" shall be the number of calendar days stated in Section 1
for D/B to achieve Substantial Completion.
17.2 "Time is of the essence" with regard to Contract Time and all milestones in
the DCS.
17.3 The Contract Time may only be changed by a Change Order as set forth in
Section 14.
17.4 Further, an extension in Contract Time will not be granted unless D/B can
demonstrate through an analysis of the Project Schedule that the increases in the
time to perform or complete the Project, or specified part of the Project, beyond the
corresponding Contract Time arise from unforeseeable causes beyond the control
and without the fault or neg[lgence of D/B, its Design Consultants, and
subcontractors or suppliers, and that such causes in fact lead to performance or
completion of the Project, or specified part in question, beyond the corresponding
Contract Time, despite D/B's reasonable and diligent actions to guard against those
effects.
17.5 D/B carries the burden of proving an entitlement to an increase in the
Contract Time. Delays attributable to and within the control of Design Consultants,
or subcontractor or supplier sha[1 be deemed to be delays within the control of D/B.
No time extension will be allowed for such delays. An increase in Contract Time
does not necessarily mean that D/B is due an increase in the GMP.
Section 18: Late Completion
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18.1 City and D/B recognize that time is of the essence in this Agreement and that
City will suffer financial loss if the Project is not completed within the Contract Time,
plus any extensions therèof allowed in accordance with Section 17.3. They also
recognize the delays, expense, and difficulties involved in proving in a legal
proceeding the actual loss suffered by City if the Project is not completed on time. -
Accordingly, instead of requiring any such proof, City and D/B agree that D/B shall
pay as liquidated damages (but not as a penalty) for each calendar day of delay
beyond the time specified for Substantial Completion of the Project, the following
amounts which D/B expressly ag rees are "not unreasonable under the
circumstances" as defined in Califomia Civil Code §1671 (b): $100 for each calendar
day. Liquidated Damages shall not be assessed after the date on which Substantial
Completion is achieved pursuant to Section 16.
Section 19: Riqht to Modifv Work
19.1 Without invalidating the Agreement and without notice to any surety, City may
at any time or from time to time, order additions, deletions, or revisions in the
Project; these will be authorized by a written Change Order prepared and issued by
City. Upon receipt of any such document, D/B shall promptly proceed with the Work
involved which wili be performed under the applicable conditions of the Construction
Documents (except as otherwise specifically provided).
19.2 When City desires a change in the Project, City may issue a Request for
Proposal to D/B. D/B will be required to respond within the time indicated by City.
Section 20: Intentionallv Omitted
Section 21: Work Bv Others
21.1 City may perform otherwork related to the Project at the Project Site by City's
own forces, or let other direct contracts ("City Contractor"). The City will give D/B
reasonable notice of its intent to do such other work. D/B's work shall take priority
over the City Contractors; but the Parties will use their best efforts to coordinate their
work so as to minimize the disruption to each other's work and to allow City
Contractor to proceed expeditiously.
21.2 If the proper execution or results of any part of D/B's work depends upon the
work by the City or City Contractor, D/B shall promptly inspect and report to City in
writing any apparent delays, defects, or deficiencies in the City's work that render it
unavailable or unsuitable for such proper execution and results. D/B's failure to
promptly report such delays, defects, or deficiencies in writing before
commencement of the affected work, will constitute an acceptance ofthe City's work
as fit and timely for integration with D/B's Work except for latent defects and
deficiencies in the City's work for which D/B will not be responsible.
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- - ,~-_.._.__._._-------- ------ - .-..-----."------..-.--..--.----.---
21.3 If D/B or any person or entity working for D/B causes damage to the City's or
City Contractor's work, property, or person, or if any claim arising out of D/B's
performance of the Project by any other contractor is made against D/B, by City, any
other contractor, or any other person, D/B shall promptly repair and/or resolve said
claim at no cost to City.
Section 22: Warranties and Guarantees
22.1 D/B warrants and guarantees to City that materials and equipment
incorporated Into the Project will be new unless otherwise specified and that all work
will be in strict accordance with the Construction Documents and will not be
defective. Prompt notice of defects known to City shall be given to D/B. All
Defective Work, whether or not in place, may be rejected, corrected, or accepted as
reasonably directed by City, provided D/B shall not be entitled to an extension in
Contract Time or increase in GMP because of any delay or increase in cost
attributable to the rejection, correction or acceptance of said work. Defective work
may be rejected even if approved by prior inspection.
22.2 The warranty period shall commence when the Certificate of Final
Completion is issued (irrespective of beneficial use by City prior to Final Completion)
and extend one (1) year after that date or whatever longer period may be prescribed
by laws or regulations or by the terms of any applicable special guarantee or specific
provision of the Construction Documents.
22.3 D/B is to provide any extra material for maintenance at the completion of the
Project, including items such as carpeting, base, floor tile, ceiling tile, paint, and
filters.
22.3.1 D/B is to provide City one (1) set of operating and maintenance data
manuals, fully bound and indexed, warranties, guarantees, and
bonds.
22.4 Correction of Defective Work - If within the designated warranty period, or
such longer period as may be required by laws or regulations, the Project or any
part of the Project, is discovered to contain defective work, D/B shall promptly,
without any reimbursement or adjustment in the GMP, and in accordance with City's
written instructions, either correct that defective work, or if it has been rejected by
City remove it from the Project and replace it with work which is not defective. If
circumstances warrant it, including but not limited to, in an emergency, City or D/B
may have the defective work corrected or the defective work removed and replaced.
In that event, D/B shall not be allowed to recover any associated costs, and D/B
shall reimburse City for all direct, and Indirect costs of City, and City shall be entitled
to an appropriate decrease in the GMP, to withhold a setoff against amount
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recommended for payment, or make a claim on O/B's bond if O/B has been paid in
full.
22.5 With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Work performed and materials furnished under this
Agreement, the O/B shall:
22.5.1 Obtain all warranties that would be given in normal commercial
practice and as required by the City;
22.5.2 Require all warranties to be executed, in writing, for the benefit of
City;
22.5.3 Enforce all warranties for the benefit of City, if directed by City;
22.5.4 In the event O/B's warranty under section 22.2 has expired, City may
bring suit at its expense to enforce a subcontractor's,
manufacturer's, or supplier's warranty;
22.5.5 O/B shall assign all subcontractor, supplier and manufacturer
warranties including maintenance contracts from the installer for
specialized equipment, such as elevators, escalators, movable
partitions, equipment etc., to cover the limited warranty period to City
at the expiration of the one year warranty; and
Section 23: Use and Possession Prior to Completion
23.1 City shall have the right to take possession of or use any completed or
partially completed part of the Work if mutually agreed upon by the parties. Before
taking possession of or using any Work, City shall furnish O/B a list of items of Work
remaining to be performed or corrected on those portions of the Work that City
intends to take possession of or use. However, failure of City to list any item of
Work shall not relieve O/B of responsibility for complying with the terms of this
Agreement. City's possession or use shall not be deemed an acceptance of any
Work under this Agreement, nor relieve the O/B of any of its obligations under this
Agreement.
23.2 While City has such possession or use, O/B shall be relieved of the
responsibilityforthe loss of or damage to the Work resulting from City's possession
or use. If prior possession or use by City delays the progress of the Work or causes
additional expense to O/B, an equitable adjustment shall be made in the GMP or the
Contract Time, and the Agreement shall be modified in writing accordingly.
Section 24: Personal Services and Non-Assianabilitv
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____"_ n_ ______ - .-.. ",._..__.~,-"...._._,- ...._."-_.,'-_._--_._"------~-~-------_._-~.-
24.1 This is a personal services Agreement and, therefore, D/B shall not alter the
key employees or Design Consultants nor assign or transfer, voluntarily or
involuntarily, any of its rights, duties or obligations under this Agreement except
upon the prior written consent of City. Any such change, assignment or transfer
without the prior written consent of the City shall be deemed null and void and
constitute a material breach under this Agreement.
Section 25: Indemnification
25.1 To the fullest extent permitted by the law, D/B shall indemnify, defend, protect
and hold harmless City, its elected and appointed officers, agents, employees,
consultants, (collectively herein the "Indemnitees"), from and against all claims,
demands, causes of action, damages, injuries, liabilities, losses and expenses
(including, without limitation, reasonable attorneys' and consuitants' fees and
expenses) of any kind whatsoever, arising in whole or in part out of or resulting from
D/B's performance of this Agreement, D/B's breach of this Agreement, or the
alleged negligent acts or omissions of D/B, its architects, engineers, other
professionals and consultants, Contractors, suppliers or anyone directly or indirectly
employed by any of them or anyone for whose acts they may be liable. The
obligations of the D/B under this paragraph for errors or omissions, including those
of the design professional subcontractors, which includes the Design
Subcontractors, consultants, agents and employees thereof ("Design
Subcontractors"), which arise from (1) the preparation or approval of maps,
drawings, opinions, reports, surveys, designs or specifications, or (2) the giving of or
the failure to give directions or instructions shall not be limited to the amount of
coverage provided for in the professional liability insurance policy. If City is fully
reimbursed by DB's insurance for any loss covered by this paragraph, D/B shall
have no further obligation for such loss.
25.2 D/B's obligation to indemnify under section 25.1 shall not extend to such
claims, demands, causes of action, damages, injuries, liabilities, losses and
expenses, to the extent that such is the result of the active negligence or the willful
misconduct of an Indemnitee. D/B's obligation to defend under section 25.1, if not
covered by the insurance to be provided on the Project, shall not extend to such
claims, demands, causes of action, damages, injuries, liabilities, losses and
expenses, or causes of actions, to the extent that such are caused by the active
negligence or the willful misconduct of the Indemnitee, and from no other cause.
25.3 The D/B agrees, notwithstanding the above to the fullest extent permitted by
law, to indemnify, defend, and hold harmless the City, its elected and appointed
officers, employees, agents and consultants from and against any and all claims,
suits, demands, liabilities, losses, or costs, including reasonable attomey's fees and
defense costs, resulting or accruing to any and all persons, firms, and any other
legal entity, caused by, arising out of or in any way connected with the handling,
removal, abatement, capping, migration (after handling, removal, abatement or
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- -_._-~- --_._-----_._--_..__....,_._-----~.~_...__.__...._-_.
capping) of, or disposal of any asbestos or hazardous or toxic substances, products
or materials that exist on, about or adjacent to the jobsite, whether liability arises
under breach of contract or warranty, tort, including negligence, strict liability or
statutory liability or any other cause of action. D/B's obligation regarding asbestos
or hazardous or toxic substances, products or materials shall be limited to the
proper removal within the Project boundaries and the proper disposal of such
materials.
Section 26: Richt to Terminate and SusDend Work
26.1 Archaeological and Paleontological Discoveries. If a discovery is made of an
archaeological or paleontological interest, D/B shall immediately cease operations in
the area of the discovery and shall not continue until ordered by City. When
resumed, operations within the area of the discovery shall be as directed by City.
26.1.1 Discoveries which may be encountered may include, but are not be
limited to, dwelling sites, stone implements or other artifacts, animal
bones, human bones, fossils or any item with cultural significance.
26.1.2 D/B shall be entitled to an extension of time and compensation in
accordance with the provisions of this Agreement.
26.2 Termination of Agreement by City for Cause. If, through any cause, D/B shall
fail to fulfill in a timely and proper manner D/B's obligations under this Agreement, or
if D/B shall violate any of the covenants, agreements or stipulations of this
Agreement, City shall have the right to terminate this Agreement by giving written
notice to D/B of such termination and specifying the effective date thereof at least
five (5) days before the effective date of such termination. All finished or unfinished
documents, data, studies, drawings, maps, plans, specifications, reports and other
materials prepared by D/B, or any of its agents, Design Consultants or
Subcontractors, shall, at the option of the City, become the property of the City, and
D/B shall be entitled to receive just and equitable compensation for any work
satisfactorily compieted on such documents and other materials up to the effective
date of Notice of Termination, not to exceed amounts payable hereunder, and less
any damages caused by D/B's breach.
26.2.1 In the event the Agreement is terminated in accordance with this
Section, City may take possession of the Project and may
complete the Project by whatever method or means City'may
select.
26.2.2 If the cost to complete the Project exceeds the balance, which
would have been due, D/B shall pay the excess amount to City.
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26.2.3 Rights of City Preserved. Where D/B's services have been so
terminated by City, the termination will not affect any rights or
remedies of City against D/B then existing orwhich may thereafter
accrue. Any retention or payment of moneys due D/B by City wili
not release D/B from liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights
the City has against D/B's performance bond surety.
26.2.4 Any dispute as to the amount due or owed to DIB upon termination
under this section shall be resolved in accordance with Section 33.
26.3 Termination for Convenience by City. City may terminate this Agreement at
any time and for any reason, by giving specific written notice to D/B of such
termination and specifying the effective date thereof, at least seven (7) days before
the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the
City, become City's sole and exclusive property. If the Agreement is terminated by
City as provided in this paragraph, D/B shall be entitled to receive just and equitable
compensation for any satisfactory Work completed, including reasonable
demobilization costs, to the effective date of such termination. D/B hereby expressly
waives any and all claims for damages or compensation arising under this
Agreement except as set forth herein.
26.3.1 Records and Documents Relatinq to Termination. Unless otherwise
provided in the Agreement or by statute, D/B shall maintain all
records and documents relating to the terminated portion of this
Agreement for three (3) years after final settlement. This includes all
books and other evidence bearing on D/B's costs and expenses
under this Agreement. D/B shall make these records and
documents available to City, at D/B's office, at all reasonable times,
without any direct charge. If approved by the City Manager,
photographs, electronic files, microphotographs, or other authentic
reproductions may be maintained instead of original records and
documents.
26.4 Upon receipt of the Notice ofTermination, D/B shall take any action that may
be necessary, or that the City Manager may direct, for the protection and
preservation of the property related to this Agreement that is in the possession of
D/B and in which City has or may acquire an interest.
26.5 Payment to D/B Due to Termination - D/B and the City Manager may agree
upon the whole or any part of the amount to be paid because of the termination.
The amount may include a fee proportional to the percentage of work satisfactorily
completed. However, the agreed amount, exclusive of costs shown in section 26.9
below, may not exceed the total dollar amount authorized by City as reduced by the
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~-"-- ,_._---_._----~----_.-
amount of payments previously made. If termination occurs during Phase I, II, or
III, D/B shall only be entitled to the Fees for Phases I, II, or III, or a portion thereof,
and no amount for Phase IV D/B Fixed Fee, except for Phase IV D/B fixed fee
proportional to the percentage of work satisfactorily completed and authorized
pursuant to Section 6.
26.6 Failure to Acree on Payment - If D/B and City fail to agree on the whole
amount to be paid because of the termination of Project, City shall pay D/B the fair
and reasonable amounts determined in good faith by City as follows, but without
duplication of any amounts agreed to aboye:
26.6.1 The price for completed services accepted, including any retention,
by City not preYiously paid;
26.6.2 The costs incurred in the performance of the Project terminated,
including initial costs and preparatory expense allocable thereto.
These costs are only for Work completed and accepted by the City
based on an audit of all Contractors' bills of materials and the
timecards for Work actually performed;
26.6.3 A portion of the D/B Fixed Fee (overhead and profit) based on the
percentage of Work completed on the Project; however, if D/B would
have sustained a loss on the entire Agreement had it been
compieted, City shall allow no profit under this section and shall
reduce the settlement to reflect the indicated rate of loss;
26.6.4 D/B and Design Subcontractor services through the date of
termination shall be paid based on actual time spent as documented
on timecards. Expenses shall be paid based on invoice and receipts
provided by D/B;
26.6.5 Under no circumstances will D/B be entitled to any consideration for
lost profit or lost opportunity costs.
26.7 If D/B does not agree that the amount determined by the City Manager is fair
and reasonable and if D/B gives notice of such disagreement to City within thirty
(30) days of receipt of payment, then the amount due shall be as later determined
pursuant to the Dispute Resolution procedures in Section 33.
26.8 Payment for Property Destroyed. Lost. Stolen or Damaced - Except to the
extent that City expressly assumed the risk of loss, the City Manager shall exclude
from the amounts payable to D/B under this Section, the fair value, as determined
by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to
become undeliverable to City.
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26.9 Deductions -In arriving at the amount due D/B under this section, there shall
be deducted:
26.9.1 Any claim which City has against D/B under this Agreement; and
26.9.2 The agreed price for, or the proceeds of sale of, materials, supplies,
or other things acquired by D/B or sold under the provisions of this
clause and not recovered by or credited to City.
26.10 Termination of Aqreement bv D/B
26.10.1 D/B may terminate the Agreement upon ten (10) days written notice
to City, whenever.
26.10.1.1 The Project has been suspended under the provisions
of Section 26.1 or 26.2, for more than ninety (90)
consecutive days through no fault or negligence of D/B,
and notice to resume Work or to terminate the
Agreement has not been received from City within this
time period; or,
26.10.1.1 City should fail to pay D/B any monies due it in
accordance with the terms of this Agreement and within
ninety (90) days after presentation to City by D/B of a
request therefore, unless within said 1 O-day period City
shall have remedied the condition upon which the
payment delay was based.
26.10.2 In the event of such termination, D/B shall have no claims against
City except for those claims specifically enumerated in Section 26.9,
herein, and as determined in accordance with the requirements of
said Section.
Section 27: Indeoendent Contractor
27.1 D/B and any Design Consultant, Contractor, Subcontractor, agent or
employee of D/B, shall act as an independent contractor and not as an agent, officer
or employee of City. Except as expressly provided in this Agreement, City assumes
no liability for D/B's actions and performance; in particular, but without limitation,
City assumes no responsibility for paying any taxes, bonds, payments or other
commitments, implied or explicit, by or for D/B. D/B acknowledges that it is aware
that because it is an independent contractor, City is making no deductions from the
fees for services being paid to D/B and that City is not contributing to any fund on
the behalf of D/B. D/B disclaims the right to any type of additional fee or benefits.
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Section 28: Indeoendent Judqment
28.1 Unless otherwise directed in writing by City, D/B shall, in providing the
professional services required by this Agreement, arrive at conclusions with respect
to the rendition of information, advice and recommendations, independent of the
control and direction of City, other than normal contract monitoring; D/B, however,
shall possess no authority with respect to any City decision beyond rendition of such
information, advice and recommendations. D/B shall not have the authority to act as
an agent on behalf of City unless specificaily authorized to do so by City in writing.
Section 29: Maintenance of Records and Accountinq
29.1 D/B shall maintain, during the Project and fora period of three (3) years after
completion of the Project, accurate and organized records of all costs of any type
and all services performed under this Agreement. City will have the right at any
time, including during the performance of all Phases of the Project to audit and copy
all such records.
Section 30: Ownershio of Documents
30.1 All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to
private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the
provisions of the Public Records Act), distribute, and otherwise use, copyright or
patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
Section 31: Force Maieure
31.1 Any party to this Agreement may be excused for any delay or failure to
perform its duties and obligations under this Agreement, except for obligations to
pay money, but only to the extent that such failure or delay is caused by an Event of
Force Majeure as set forth in section 31.2. If an Event of Force Majeure setforth in
section 31.2 causes a delay or failure in performance of only a portion of the
obligations of a Party under this Agreement, then only that portion of performance
which was delayed or prevented by such cause shall be deemed excused, and the
performance of all other obligations of a Party not so delayed shall not be excused
by an Event of Force Majeure. Delay or failure in performance of all other
obligations of a Party not so delayed shall not be excused by such Event of Force
Majeure. Delay or failure in performance by a Party which Is the result of an Event
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of Force Majeure set forth in section 31.2 shall be deemed excused for a period no
longer than the delay or fail ure in performance caused by such Event.
31.2 An Event of Force Majeure means an occurrence beyond the control and
without the fault or negligence of a Party, including but not limited to unusually
severe weather, flood, earthquake, fire, lightning, and other natural catastrophes,
acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance
or disobedience, strike or labor dispute for which D/B is not responsible,
expropriation or confiscation of facilities, changes of applicable law, or sabotage of
facilities, so long as such Party makes good faith and reasonable efforts to remedy
the delays or failures in performance caused thereby. However, D/B, in developing
the GMP and Project Schedule, has incorporated three (3) days for anticipated
adverse weather days that may disrupt work on the Project; D/B shall be entitled to
relief under this Section for adverse weather only to the extent adverse weather
days exceed this amount of days.
31.3 A Party shall give written notice to the other Party as soon after becoming
aware of the delay or failure in performance caused by an Event of Force Majeure
as is reasonably possible, but in any event within five (5) working days after Party
becomes aware of such delay or failure.
31.4 No Event of Force Majeure shall be a basis for monetary adjustment to the
GMP. Costs incurred by the D/B as a result of a Force Majeure Event will be
reimbursed according to the terms of this Agreement from the Contingency Fund.
Section 32: Hazardous Materials
32.1 In the event the D/B or any other party encounters asbestos or hazardous or
toxic materials at the Project Site, or should it become known in any way that such
materials may be present at the Project Site or any adjacent areas that may affect
the performance of the D/B's services, the D/B may, at his or her option and without
liability for consequential or any other damages, suspend performance of services
on the Project until the City retains appropriate specialist consultant(s) or
contractor(s) to identify, abate and/or remove the hazardous or toxic materials, and
warrant that the Project Site is in full compliance with applicable laws and
reguiations.
Section 33: Disputes
33.1 All claims, counterclaims, disputes, and other matters in question arising
under, or relating to, the Agreement or the breach thereof shall be processed in
accordance with the provisions of this Section, unless specificaily addressed by
another provision of this Ag reement.
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_ _"_"____ __..,_...____.______M_._ "_"'___'_____"_"____
33.2 D/B shall submit its written request for a Change Order to City pursuant to
Section 14. City shall make a determination on D/B's request in writing within 7 days
of receipt of request and all supporting data. Said Change Order shall be made in
good faith and accurately reflect the adjustment in GMP or Contract Time for which
D/B believes City is liable, and covers all costs and delays to which D/B believes it is
entitled as a result of the occurrence of the claimed event. All requests for
adjustment in Contract Time shall include an analysis of the Master Construction
Schedule and the impact of the claimed work on specific activities on the Master
Construction Schedule.
33.3 If D/B disagrees with City's determination, D/B shall file a claim in writing in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of
which are incorporated by this reference as iffully set forth herein, and such policies
and procedures used by the City in the implementation of the same.
33.4 Pending final resolution of any claim, including litigation, D/B shall proceed
diligently with performance of the Project, and comply with any direction of City.
Section 34: Notices
34.1 All notices, demands or other communications hereunder shall be given or
made in writing and shall be delivered personally or sent by courier or registered or
certified mail, return receipt requested, postage prepaid, addressed to the Party to
whom they are directed at the following addresses, or at such other addresses as
may be designated by notice from such Party:
(i) To CITY:
City Attorney
276 Fourth Avenue
Chula Vista, CA 91910
Tel: (619) 691-5037
Fax: (619) 409-5823
Department of General Services
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Tel: (619) 397-6070
Fax: 619) 397-6250
(ii) To D/B:
Erickson-Hall Construction Co.
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500 Corporate Drive
Escondido, CA 92029
Tel: 760-796-7700
Fax: 760-796-7750
Any notice, demand or other communication given or made solely by mail in the manner
prescribed in this Section shall be deemed to have been given and to be effective three (3)
days after the date of such mailing; provided, however, that any notice, demand or other
communication which would otherwise be deemed to have been given on a day which is
not a working day shall be deemed to have been given on the next subsequent working
day.
Section 35: Miscellaneous Terms
35.1 Representations: Each Party hereto declares and represents that in
entering into this Agreement it has relied and is relying solely upon its own
judgment, belief and knowledge of the nature, extent, effect and consequence
relating thereto. Each Party further declares and represents that this Agreement is
being made without reliance upon any statement or representation of any other
Party not contained herein, or any representative, agent or attorney of any other
Party.
35.2 Severability: If any term or condition of this Agreement is held to any extent
to be invalid or unenforceable, all the remaining terms and conditions shall be
enforceable to the fullest extent permitted by law.
35.3 Entire Aqreement: This Agreement contains the entire agreement, between
the Parties and supersedes all prior negotiations, discussions, obligations and rights
of the Parties in respect of each other regarding the subject matter of this
Agreement. There is no other written or oral understanding between the Parties.
No modification, amendment or alteration of this Agreement shall be valid unless it
is in writing and signed by the Parties hereto.
35.4 Draftinq Ambiquities: The Parties agree that they are aware that they have
the right to be advised by counsel with respect to the negotiations, terms and
conditions of this Agreement, and that the decision of whether or not to seek the
advice of counsel with respect to this Agreement is a decision which is the sole
responsibility of each of the Parties hereto. This Agreement shall not be construed
in favor of or against either Party by reason of the extent to which each Party
participated in the drafting of the Agreement.
35.5 Applicable Law: The formation, interpretation and performance of this
Agreement shall be governed by the laws of the State of California. Venue for
mediation, arbitration and/or actions arising out of this Agreement shall be in the City
of Chula Vista, California.
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'_..__..__"_~___.__.________.m__~"__'_"___'_~~~___·
35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission
by the Parties hereto in exercising any right or remedy provided for herein shall
constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a
waiver of any such right or remedy on any future occasion.
35.7 Effect of Headinos: Headings appearing in this Agreement are inserted for
convenience of reference· oniy, and shall in no way be construed to be
interpretations of the provisions hereof.
35.8 Amendments: This Agreement may be modified, amended or supplemented
only by the mutual written agreement of the Parties hereto.
35.9 Authorization and Compliance: Each Party represents that it is duly
authorized to execute and carry out the provisions of this Agreement.
35.10 Further Assurances: The Parties agree to do such further acts and things
and execute and deliver such additional agreements and instruments as the other
may reasonably require to consummate, evidence or confirm the agreements
contained herein in the manner contemplated hereby.
35.11 Countercarts: This Agreement may be executed by the Parties in one or
more counterparts, all of which taken together shall constitute one and the same
instrument. The facsimile signatures of the Parties shall be deemed to constitute
original signatures, and facsimile copies hereof shall be deemed to constitute
duplicate original counterparts.
35.12 Exhibits and Glossarv of Terms: All Exhibits and Glossary of Terms are
incorporated herein by reference into this Agreement.
35.13 Third Party Beneficiarv: Nothing within this Agreement shall create a
contractual relationship between the City and any third party.
J:\General Services\GS Administration\Design Build AgreementšHarborside Park DB 091404.doc
[NEXT PAGE IS SIGNATURE PAGE]
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SIGNATURE PAGE TO
DESIGN/BUILD AGREEMENT
CITY OF CHULA VISTA Erickson-Hall Construction Co.
By: By:
Stephen C. Padilla, Mayor
ATTEST: Michael F. Han
Chief Operating Officer
Er:~:Œ(¡r¡..HaJl Construc~;:;n Co.
Susan Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attorney
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GLOSSARY OF TERMS
(Intentionally Left Blank - see attached Glossary)
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GLOSSARY OF TERMS
The following Glossary of Terms is designed to provide in a single location the defined
terms used in the Agreement and Supplementary Conditions. In the event of any conflict
between the following and the definitions set forth in the Agreement, those in the
Agreement and Supplementary Conditions shall take preference.
Additional Services. Services which the City has authorized the D/B to perform
and which are beyond the scope of work as set forth in the Agreement.
Additive . Costs. Any cost above that which would normally be found in a
competitive bid situation.
Agreement. The Design/Build Agreement including all attachments between City
and D/B.
Certification of Completion. The document, by which D/B certifies that the Project
has been fully completed in accordance with the Construction Documents, all applicable
building codes and regulations, all permits, licenses, and certificates of inspection, use and
occupancy, and ordinances relating to the Project.
Certificate of Occupancy. The document issued by City authorizing occupancy of
the entire Project.
Certificate of Substantial Completion. The document issued by City after it
reasonably determines the Project has achieved Substantial Completion as defined in
Section 1.3.2 of the Agreement.
Change Order. A written amendment to the Agreement executed by City and D/B
modifying the terms of the Agreement pursuant to the terms of Section 14.
City. City shall refer to the City Representative, Agent and/or City Inspection
Representative.
City Representative. Matt Little shall be the initial City Representative. The City
Manager will notify D/B in writing of the name of any successor City Representative and
D/B shall be entitled to rely upon the directions of the current City Representative until
receipt of said written notice. The City Representative shall act on behalf of the City with
respect to this Agreement unless the Agreement provides otherwise. D/B shall not make
any modifications to the Project unless directed by the designated City representative.
Construction Documents. O/B's architectural, structural, mechanical, electrical,
plumbing plans and details as well as the plans showing installation of major systems,
equipment, fixed furnishings and graphics, the technical specifications and all other
- 1 -
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- -,--""~,_. """ ...-._.__..._..._._._--_.._~".- .-._-------,-~--- -- - ------
technical drawings, schedules, diagrams and specifications, necessary to set forth in detail
the requirements for construction of the Project.
Contractor. Any person or entity with whom the D/B or City contracts or
su bcontracts for construction of the Project.
Contract Amount. The dollar amount authorized by the Chula Vista City Council to
be paid to the D/B as consideration for full performance under the terms of this Agreement
which includes the GMP and Reimbursable Costs.
Contract Time. The time withjn which D/B has to complete all Work and services
under the Agreement, which commences with the execution of the Agreement and ends
with the Final Completion Date.
Day. Is a working day, unless specified otherwise.
Defective Work. Work on the Project which is not in compliance with the
Construction Documents.
Design Builder. D/B including but not limited to consultants, subconsultants,
contractors, subcontractors, employees, agents or any other person or entity working for or
on behalf on D/B.
DesignSubcontractors. The architects, engineers and other design professionals
contracting with the City or D/B to perform design services for the Project.
DIB Fixed Fee. The fixed sum which D/B shall receive as full compensation for
performance of all services and obligations under this Agreement, including all costs of any
type incurred by D/B; but not including (1) Hard Construction Costs, and (2) Reimbursable
Costs, (3) O/B Contingency Fund.
Event of Force Majeure. The type of event defined in Section 31 of this
Agreement.
Final Completion. The date on which the last of the following events occurs: (1)
recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the
City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all
documents required to be supplied by D/B to City under this Agreement, including but not
limited to as-built drawings, warranties, and operating manuals: (5) and delivery to City of a
Certification of Completion duly verified by O/B.
Final Payment. Payment to D/B 35 days after date of Final Completion as set forth
in Section 15.
- 2-
7-59 --
- -'-'-
Guaranteed Maximum Price (GMP). The guaranteed maximum price ( herein
"GMP") which D/B shall be paid by City for all Hard Construction Costs and D/B Fixed Fee
as set forth in of Exhibit 2 for the complete design and construction of the entire Project as
specified.
Hard Construction Costs. All costs D/B incurred in contracting actual construction
Work on the Project for the performance of the Work on the Project including a
Contingency Fund, as set forth in of Exhibit 2 ; but specifically does not include: (1) costs
associated with the design and construction management services to be performed by D/B
under this Agreement or (2) costs incurred due to D/B's negligence or failure to perform
according to the terms of this Agreement, including, but not limited to, failure to adequately
supervise the Project, use of materials which do not comply with the Construction
Documents.
Management and Implementation Plan. D/B's detailed description of all
necessary procedures and methods to be utilized by D/B in performing its construction
services under Phase IV of this Agreement.
Master Construction Schedule. D/B prepared and City approved Master
Construction schedule for Phase IV showing all major milestones, bid dates for major bid
packages, commencement of construction, sequence of construction, completion of
structural elements, completion of the exterior of the building, which shall conform with the
dates of Substantial Completion and Final Completion of Project. D/B will update the
schedule as required by the Agreement.
Notice of Completion. City document issued after Chula Vista City Council
formally accepts the Project.
Onsite/Offsite. Refers to Project Site, unless otherwise indicated.
Party. The Parties to this Agreement, The City of Chula Vista ("City"), and Erickson-
Hall Construction Co., ("D/B").
Phase I. Phase I shall consist of all services and events described or implied in
Section 5 of the Agreement, including but not limited to preparation of schematic design
documents, and cost estimates.
Phase II. Phase II shall consist of all services and events described or implied in
Section 6 of the Agreement, including but not limited to the preparation of Design
Development Documents, outline specifications and cost estimates.
Phase III. Phase III shall consist of all services and events described or implied in
Section 7 of the Agreement, including but not limited to the preparation of 1 00%
Construction Documents, Master Construction Schedule, preparation of GMP Finalized
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_ ______m._.~_.__.._..····_·_·___'_·_·,_,,·____
Management and Implementation Plan and determination of need for and conducting of
additional subsurface investigation.
Phase IV (if applicable). Phase IV shall consist of all services and events
described or implied in Section 8 of the Agreement, including but not limited to conducting
competitive bidding for the Work, and the construction and completion of the Project.
Project. The design and construction of a completed and fully functional Police
Facility, parking structure, and on and off site improvements as more fully described on the
Police Department Master Plan.
Project Budget. The amount of money authorized by the Chula Vista City Council
to be expended on this Project, including the GMP, Reimbursable Costs and all other City
costs.
Project Site. All areas where Work is to be performed pursuant to this Agreement
as shown in the Construction Documents.
Reimbursable Costs. Includes the premiums for Performance Bond and Payment
Bond furnished by D/B pursuant to Section 15 of the Agreement, the net premiums (less
any premium returns) for the insurance, including costs for insurance brokers, deductibles,
Safety Program and consultants which D/B is required to purchase and maintain pursuant
to Section 10 of the Agreement, the cost of all necessary permits obtained by DIB for the
Project pursuant to Section 3.1.10 of the Agreement, the costs of subsurface investigations
performed pursuant to Section 3.1.14 of the Agreement, costs for extension of warranties
pursuant to Section 22 of the Agreement, and Safety Program pursuant to Section 12 of
the Agreement.
Small Tools. Mobile items less than $1500 in total value.
Substantial Completion. The date on which (1) the progress of construction when
all Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City can occupy and utilize the entire facility for Police activities and (2)
all goods and services to be provided under the terms and conditions of the Construction
Documents are in place and have been initially tested, and are operationally functional,
subject to final testing, balancing and adjustments and a Final Completion punch list Work.
Work. All services, labor, materials, supplies, and equipment necessary for D/B,
Contractors and consultants to complete the Project.
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,-".- ."
EXHIBIT LIST (I-III)
Exhibit I RFP for Design Build Services for Harborside Park
A) Master Plan
B) Sample Design/Build Contract and Glossary of Terms
(Intentionally Omitted)
Exhibit 2 Design Build Fee Structure
Exhibit 3 Identification of Design Build Team Members
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- .-.-,.'.-.-- .-.--,-.-.._---- ...---------"--..--.
EXHIBIT 1
RFP for Design Build Services Harborside Park:
A) Master Plan
B) Sample D/B Contract and Glossary of Terms
(Intentionally Omitted)
J:\General Services\GS Administration\Design Build Agreements\Harborside Park DB Rev 092304.doc I
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--- -- -- --
"- - --
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'-'::"''''''---'''''--
CllY OF
CHULA VISTA
REQUEST FOR PROPOSAL
FOR
DESIGN/BUlLD SERVICES
FOR
HARBORSIDE PARK
RFP Issue Date:
Wednesday, June 2, 2004
Proposal Due Date & Time:
Friday, June 25, 2004
City of Chula Vista
General Services Department
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
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Table of Contents
1.0 INTRODUCTION................................................................................................................1
2.0 IMPORT ANT DATES ........................................................................................................1
3.0 PROJECT DESCRIPTION... ..... .............. ............................... ......... ............ ........ ........... .....1
4.0 GENERAL OBLIGATIONS OF DBT ................................................................................1
5.0 SCOPE OF WORK......................................................····.....··.·.·..·····.·................................4
5.1.1 Pre Construction Services - Phase I ...............................................................................4
5.2.2 Construction Services - Phase II..................................................................................... 7
5.2.3 Operations/Startup Services - Phase III.......................................................................... 8
6.0 INSURANCE REQUIREMENTS ....................................................................................... 9
7.0 INSPECTION ....... .... .......... ........ .... ... .................. ...... ... .... ........... .......... ... ....... ..... ...... ...... .11
8.0 CHANGE IN GMP AND CONTRACT TIME .................................................................11
9.0 PROJECT COMPLETION ................................................................................................11
10.0 WARRANTIES AND GUARANTEES ............................................................................12
11.0 MAINTENANCE OF RECORDS AND ACCOUNTING................................................ 12
12.0 OWNERSHIP OF DOCUMENTS ....................................................................................12
13.0 RFP REQUIREMENTS.....................................................................................................13
13.3 General RFP Requirements: .........................................................................................13
13.4 Contents: ....... ... .... ..... ..... ... ..... ..... ....... ........ .... ... ......... ......... .......... .......... .... ................. .13
13.5 Experience and Technical Competence: .......................................................................14
13.6 Proposed Method to Accomplish the Work:................................................................. 14
13.7 Knowledge and Understanding of Local "Environment": ............................................14
13.8 Project Organization and Key Personnel: .....................................................................15
13.9 Financial Arrangements for DBT Members: ................................................................15
13.10 Exceptions to this RFP:.................................................................................................15
13.11 Addenda to this RFP: ....................................................................................................15
13.12 Minimum Contractor Qualifications: ............................................................................15
13.13 Schedule of Rates and Fees................. ............... .............................. ..... ..16
13.14 Additional Information. ......................................................................... .16
14.0 PUBLIC DISCLOSURE....................................................................................................17
15.0 PROPOSAL SCHEDULE .................................................................................................17
16.0 PROPOSAL SELECTION PROCESS ..............................................................................17
17.0 PROPOSAL EVALUATION CRITERIA .........................................................................18
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18.0 CONTRACT TERMS AND CONDITIONS..................................................................... 18
19.0 PREVAILING WAGE......................................................................... .....19
ATTACHMENT A- Approved Master Plan......... ............. '" ....... ........... ..................20
ATTACHMENT B - Sample DesignlBuild Contract and Glossary of Terms..... .... .... ..........21
ATTACHMENT C - Park Site......................................................................... ....22
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REQUEST FOR PROPOSAL
DESIGN/BUILD SERVICES
1.0 INTRODUCTION
1.1 The City of Chula Vista (City) is circulating this Request for Proposal (RFP)
requesting proposals fÌ"om Designffiuild Teams (DBT) qualified to provide the City
with, design services, engineering services, architectural services, construction
management, and construction services/coordination for the construction of
Harborside Park. The DBT shall consist mainly of a General Contractor, Landscape
Architect and an Architect. All DBT members shall be licensed/registered with the
State ofCalifomia. This RFP describes all the elements of the project, the required
scope of services, the designlbuild consultant selection process, and the minimum
information that must be included in the proposal. Failure to submit information in
accordance with the RFP's requirements and procedures may be a cause for
disqualification.
1.2 This RFP has been distributed to selected firms on the City's list ofDesignlBuilders
certified on June 17, 2003. Award will be based on the DBT and the best value
proposal, including design fees, general conditions and construction fee. Price will be
a primary factor, but not the sole consideration for award. Contracts will be awarded
in accordance with the Chula Vista Municipal Code and the DesignlBuild Ordinance
as outlined in Section 2.57 of the Chula Vista Municipal Code.
1.3 INTENTIONALLY LEFT BLANK
2.0 IMPORTANT DATES
2.1 Proposal Due Date: Fridav June 25. 2004 bv 4:00 p.m.
Location: Public Works Center. 1800 Maxwell Road. Chula Vista. CA 91911-
General Services Department receptionist
3.0 PROJECT DESCRIPTION
3.1 The DBT shall design and construct for the City: a completed and fully functional
park and restroom facility (referred to hereafter as "Project"). The park shall include,
but not be limited to all components outlined and described in the attached document
titled "Harborside Park Master Plan" (Attachment A) excluding Sheet 6, which has
been included for information purposes only. The Harborside Park is located on
Oxford Street in Western Chula Vista (Attachment C).
4.0 GENERAL OBLIGATIONS OF DBT
4.1 The services to be provided by DBT are generally to be performed in three "Phases",
Pre-construction Services, Construction Services, and Operation/Start Up. The
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services to be provided in each Phase are specified below in this RFP. The DBT
shall:
A. Perform all services, work and obligations as described herein for a Guaranteed
Maximum Price ("GMP") which will be set at 90% construction documents
and shall include all Design Services and all Hard Construction Costs necessary
to provide a fully completed and functional Project including, but not limited
to, general conditions, the cost for all labor, equipment, material, and the DBT
Fixed Fee which includes fees and expenses of any type associated with
completing the Project. Any costs incurred by DBT in excess of said GMP
shall be the sole responsibility of the DBT, except for change orders approved
by the City in accordance with the DBT contract to be executed with the DBT.
A sample contract is enclosed as Attachment B.
4.2 DBT shall be obligated as follows:
A. At all times in performing its services under this Agreement to design and
construct the best possible Project consistent with standard of care that satisfies
the time, monetary, quality and design parameters set forth in this RFP and
subsequent D/B Contract.
B. Design and construct the Project on time, consistent with time fÌ"ames set forth
in the Project Schedule, and in such a manner that the GMP or Contract Time
of the Project shall not be exceeded, but ifDBT reasonably believes that any
action, inacti{)n, decision {Jf direction being made by City or agent for the City
will likely result in the GMP or Contract Time being exceeded or the Project
being completed late, DBT will notifY City, for approval or denial, in writing
within five (5) calendar days of discovering such action, inaction, decision, or
direction. Included in such notice will be an estimate of the cost and time
impact resulting fÌ"om such action, inaction, decision or direction.
C. Perform, or obtain prior written consent of the City to subcontract all design
services for the Project utilizing qualified, licensed and sufficiently experienced
architects, engineers and other professionals. DBT shall not be permitted to
substitute any Design Consultant unless authorized by City.
D. Perform all construction on the Project utilizing Subcontractors appropriately
licensed by the California Contractors State License Board or other required
agenCIes.
E. Perform all services as expeditiously as is consistent with reasonable skill and
care and shall complete the services within each and all of the time periods set
forth within the approved project schedule.
F. Comply with the California Fair Employment and Housing Act and all other
State, Federal and local laws including, but not limited to, those prohibiting
discrimination, on account of race, color, national origin, religion, age, sex or
handicap.
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G. Study all applicable laws, codes, ordinances, rules, orders, regulations, and
statutes affecting the Project, including but not limited to, zoning,
environmental, building, fire and safety codes and coverage, density and
density ratios and lien laws, and comply with them in performance of its
services. DBT shall ensure that within the established GMP that the Project
conforms to all applicable federal, state and local laws, statutes, ordinances,
rules, regulations, orders or other legal requirements.
H. Take all reasonable steps during the course of construction to control dust and
noise in accordance with the provisions in the 2000 Edition of the Standard
Specifications for Public Works Construction, City Ordinances and the D/B
contract.
I. Use reasonable care to avoid damaging existing improvements and vegetation
adjacent to the Project Site. IfDBT causes damage to any of this property,
DBT shall replace or repair said property at no expense to City and shall not be
a basis for seeking an adjustment to the GMP or Contract Time.
J. To obtain all permits necessary to complete the Project. City shall reimburse
cost of permits. DBT shall be responsible for obtaining and paying for all
minor permits normally obtained by the trades or subcontractors.
K. Conform project design to the requirements of the Americans With Disabilities
Act Accessibility Guidelines ("ADAAG") and the Americans With Disabilities
Act ("ADA").
L. Seek and obtain written approval from the City of the drawings for each ofthe
following design phases: (1) schematic design (2) design development (3) 50%
construction drawings and (4) 100% construction drawings. Said approvals
shall be evidenced by written notice to proceed with each subsequent phase.
M. Provide cost estimating and value engineering services, which takes into
consideration long-range maintenance costs, energy efficiency, and impacts on
operation of the Proj ect.
N. Review the environmental documents and all technical reports relating to the
Project Site; and determine and advise City if any additional needed studies are
warranted. DBT shall perform said studies as authorized by City. The costs of
said studies are Reimbursable Costs to be paid by the City without markup.
O. DBT agrees to fully assume all risks, and costs associated with such risks, in
performing the services and meeting the obligations under this RFP and the
D/B contract.
P. DBT warrants that at least one member of the DBT team shall be licensed by
the California Contractor's State License Board as a General Building
Contractor. DBT is to provide a list of the responsible people within their
organizations performing services, which shall include their qualifications and
their function, for approval by the City prior to start of construction. City and
DBT shall establish "key personnel" who shall remain on the Project until Final
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Completion. If any such "key personnel" leave the employment ofDBT, City
shall have the right to approve the replacement personnel. DBT shall comply
with all licensing requirements of the State ofCalifomia, County of San Diego,
and City of Chula Vista.
Q. DBT agrees and acknowledges that the City Representative is the only person
with authority to approve additions or modifications to Project. Any costs or
delays resulting fÌom or associated with additions or modifications
implemented without the written authorization of City Representative shall be
borne exclusively by DBT and not be grounds for an increase in GMP or
Contract Time unless necessary to protect public health, safety or property.
5.0 SCOPE OF WORK
5.1 Services required of the DBT include those during design, construction, and
operations/startup of the Project. The GMP will be developed based on all
management, supervision, labor, services, equipment, tools, supplies, and any other
item of every kind and description required for a comprehensive design and
construction program. The scope of work includes, but is not limited to, the following:
1. Develop and Implement Proj ect Management Plan and Procedures
2. Monthly project status reports
3. Coordination/interface with the City and its other
consultants! contractors
4. Progress meetings
5. Interface and communications with other agencies
6. Vendors and subcontractors management
7. Document control
8. Schedule and budget control
9. Quality assurance and quality control
5.1.1 Pre-Construction Services - Phase I
Utilizing the City required standard specifications, facility program
requirements, approved master plans, Federal, State, and City performance and
design criteria, concept drawings, and reports that will be identified in the
DesignlBuild contract, the DBT will:
1. Prepare schematic design, design development and construction drawings
and specifications suitable for obtaining City approval and issuance of
permits.
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.~..__.._. "_m__._.___.,___..___________
2. Complete the design for all elements of the project, including but not
limited to: architectural, civil, structural, landscape architectural,
mechanical, electrical, and specialty consulting areas.
3. Evaluate alternative structural and construction approaches for all
facilities to ensure economical designs that optimize constructability yet
meet all codes, architectural concepts, conceptual designs, and standard
specifications of the project. Design shall satisfy the Americans with
Disabilities Act (ADA) requirements as required.
4. Incorporate the requirements of permitting agencies as may become
apparent in the course of design. The DBT shall apply for and secure all
permits and provide all necessary reports, studies and support required to
obtain the permits. In addition, the Consultant shall research all Air
Pollution Control District and noise abatement requirements, along with
any hazardous materials management requirements ofNFP A, Cal-OSHA
and the City Fire Department. The Consultant shall develop all
appropriate environmental plans, including but not limited to, an air
pollution control plan, a noise abatement plan and a hazardous materials
management plan. The Consultant shall prepare, submit and obtain
approval of an application for Storm Water Pollution Prevention pian to
the appropriate authority. If required, the Consultant shall incorporate
appropriate facilities in the design.
5. Conduct site surveys and geotechnical investigations to the extent
necessary for final design. Survey and geotechnical information to be
provided by the City may be preliminary in nature and may not have
sufficient accuracy or scope to support final design.
. a) Prepare Construction Cost Estimates and Project Budgets based on
Schematic Design. Prepare revised Cost Estimates during Design
Development and Construction Documents and Bidding phases at
intervals specified in the Design Build Agreement. Develop Project
cost model inclusive of detailed Quantity Surveys and Cost Estimates.
b) Perform three-value engineering reviews to reduce cost and/or add
value, utilizing all team members and City resources. Include
recommendations to maximize energy efficiency and build a "green"
or low-pollution project. Prepare a Value Engineering Report of all
considerations, recommendations and decisions. The goal is to
maximize the quality of construction at a cost equal to or below the
Project Budget.
c) Perform Quality Control (QC) Review of the Drawings and
Specifications throughout all Phases in order to correct errors and
omissions and reduce the quantity of Change Orders during the
course of construction. Include a detailed review of drawings and
designs relative to Code Compliance Laws. Organize and publish
detailed QC Reports based on all findings.
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d) Establish a Critical Path Method (CPM) Construction Schedule.
Monitor, update and report to keep the project on schedule.
e) Establish a bidding strategy. Identify, contract, and procure long lead
items. Create early bid packages where applicable.
±) At 90% Construction documents, provide cost estimate that will be
used to establish a Guaranteed Maximum Price (GMP). Any Savings
at the end of the project will be deducted from the GMP and retumed
to the owner.
g) During the Bidding of the Project, the DBT shall:
1) Recommend appropriate subdivisions of work into discrete Bid
Packages.
2) Create detailed Scope of Work Packages for bidding to multiple
sub-contractors that will be contracted directly to the DBT.
3) Create all Bidding Documents. Specify unit prices, altemates,
quantities, bonding and insurance requirements.
4) Secure a minimum of three complete and competitive bids for
each package and competitively bid each package.
5) Receive and resolve all Requests for Information (RFl's) and bid
questions.
6) Schedule meetings with the City to open and review bids for each
subdivision of work. Review bids in detail. Clarify Scopes of
Work, exclusions, etc. Ensure bids match DBT Scope of Work.
7) Make recommendations for selections and award of bids based on
lowest, responsible and most complete bids. Provide cost
spreadsheets which compares bids to cost estimates. If lowest
responsible bid exceeds cost estimate, prepare recommendations
to resolve the problems and reduce cost without compromise to
the overall goals of the Project, while remaining within Budget
and on Schedule.
h) Assemble a constructabilityreview team with City participation at the
50 percent design completion stage. Incorporate results of the team's
review into the design.
i) Provide construction cost control estimates during the design to
support VE and constructability reviews. Revise these cost control
estimates once accepted VE recommendations and other review
comments have been incorporated.
j) Identify all permit requirements and prepare applications and support
documents necessary for obtaining all permits. Permit fees will be
borne by the City.
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k) Prepare draft Operations Manual Index to serve as the basis for
preparing the final Operations Manual during the construction phase.
5.2.2 Construction Services - Phase II
A) The DBT shall construct the facility in accordance with the approved
construction drawings and specifications (and associated permits)
prepared by the DBT to meet or exceed all requirements of the City
provided program of facility requirements. The DBT shall also:
1. Conduct weekly team meetings with the City and appropriate
design team members during the course of construction to review
the status of the project.
2. Ensure the workmanship and materials provided are in accordance
with the Project Specifications and the Architects and meet or
exceed quality construction industry standards for this type of work.
3. Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical and code compliance. Provide
copy to the City for review and comment.
4. Provide resident engmeenng, contract administration, and
inspection staff, including specialists necessary for the functional,
safe, on budget and on-schedule completion of the Project, starting
with the issuance of a Notice to Proceed from the City and
extending through issuance of Notice of Completion and
Acceptance. City staff will also perform inspection to verify
compliance with the plans and specifications, permits and contract
documents.
5. Ensure construction compliance with applicable local, state, and
federal codes, building and environmental permit requirements, and
construction mitigation documents and enforcement of the Contract
Documents.
6. Provide surveying, and other contracted services as required
completing projects construction. Coordinate City contracted
testing and inspection services during the course of construction.
7. Develop, implement and manage a construction phase Quality
Assurance/Quality Control (QNQC). The Plan shall include but
not be limited to: I) a statement and definition ofQNQC goals; 2)
an identification ofQNQC criteria and elements; 3) development
ofthe project QAlQC implementation plan; 4) development of the
QAlQC materials, components, equipment and system testing
plans; and, 5) enforcement of the plans and specifications.
8. Submit the proposed QNQC Plan to the City for review. The Plan
shall not be implemented without written approval ofthe City.
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9. Be responsible for preparing the Critical Path Method (CPM)
schedule utilized during the project construction and startup
activities. Use Microsoft Project scheduling software consistent
with the City reporting system.
10. Develop a project-specific Plan for defining, tracking and reporting
cash flow activity requirements and submit such plan to the City for
review and approval prior to implementation.
11. Develop a project-specific Change Order Administration Plan for
review and approval by the City. Upon written approval of the
Plan, the DBT shall initiate implementation. The Plan shall define
the required Change Order procedures, including requirements for
requesting, developing, approving, and filing.
12. Implement and maintain an internal records management and
document control system as required to support project operations.
The DBT shall provide records management and document control
information in a manner consistent with the citywide Prolog
Management reporting/filing system.
13. The DBT shall develop an on-site Project Safety Plan for review
and approval by the City. The DBT shall administer and enforce
the City approved on-site Project Safety Plan for the Project. The
DBT shall monitor and enforce Project construction Contractor
responsibility for safety and health issues relating to their workers
as the Project Site. This shall include workers in direct employment
to the Contractor and workers involved in a subcontracting,
equipment supply, or any other project-related oral or written
arrangement with the DBT.
14. Report accidents, claims, and other on-going safety related issues to
the City in a manner consistent with Citywide reporting systems.
5.2.3 Operations/Startup Services - Phase III
a. The DBT shall prepare, submit for City review and written approval a
Project Startup and Testing Plan for the Project. The DBT shall fully
implement said plan.
b. The DBT shall conduct Operator Training Sessions for personnel.
c. The DBT shall supervise, manage, and coordinate all project startup and
testing activities for all systems within the provisions of the Contract
Documents.
d. The DBT shall report progress of project startup and testing to the Cityin
a manner consistent with the City's reporting system.
e. The DBT shall coordinate and expedite record drawings and
specifications.
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f. The DBT shan prepare final accounting and close out reports.
g. The DBT shall prepare occupancy plan reports.
h. Unless the DBT receives the City's prior approval to substitute equal or
better quality materials, the DBT warrants to City that material and
equipment incorporated in the Project will be new, unless otherwise
specified, and that the Project will be of good quality, !Tee !Tom faults and
defects, and in strict conformance with the Construction Documents and
the D/B contract.
I. Post-Construction: DBT to coordinate an II-month walk through of the
Project to review guarantee/warranty items. DBT to coordinate all
corrective work with the responsible parties and the City. The DBT shall
report to the City all guarantee/warranty disputes. The DBT shan proceed
to resolve such disputes after having submitted to the City for review and
approval the DBT's approach for obtaining resolution for the dispute.
6.0 INSURANCE REQUIREMENTS
The Design Builder (DB) shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the DB, his agents, representatives, employees or
sub-consultants. Al1 sub-consultants shall be required to comply with the applicable insurance
provisions. The maintenance of proper coverage is a materials element of the DB contract and that
failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as
a material breach of contract.
6.1 Minimum Insurance Requirements
6.1.1 The firm selected to perform the work described herein will be required to provide
evidence of:
6.1.1.1 Commercial General Liability insurance, ISO CG 0001 Occurrence form,
with combined single limits of not less than $ 1.000.000 per occurrence per
proj ect. Policy to include endorsement naming City of Chula Vista, its
officers, officials, employees and volunteers as Additional Insured against an
liability of the DB, its subcontractors, and its authorized representatives,
arising out of, or in connection with, the performance of work under the
contract with the City. Policy is to be endorsed to state it is Primary to any
other insurance available to the City of Chula Vista and that insurer will
provide THIRTY (30) days written notice to the City Clerk of the City of
Chula Vista of cancellation or material change.
6.1.1.2 Commercial Automobile Liability Insurance, ISO CA 0001 form, Any Auto
code, with a combined single limit of not less than $1.000.000. covering
bodily injury and property damage for owned, non-owned and hired
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automobiles, and name the City, its officers, officials, employees and
volunteers as additional insured's.
6.1.1.3 Workers' Compensation and Employer's Liability insurance, for all
employees who are normally engaged in Work at the Project Site, with
Statutory Limits for Workers' Compensation and not less than Employer's
Liability limit for Bodily injury by Accident $1,000,000, each accident Bodily
Injury by Disease $1,000,000, Bodily Injury by Disease $1,000,000. A
Waiver of Subrogation shall be endorsed to the policy naming the City of
Chula Vista.
6.1.1.4 Professional Liability insurance shall be required of said firm for professional
liability or errors and omissions insurance with a per claim limit of not less
than $2,000,000 for services performed by the Design contractors and any
subcontractors performing design services. The policy shall contain an
extended reporting period of not less than 2 years.
6.1.1.5 Builder's Risk Property Insurance will be provided by the DB. The DB will
add the City, its officials, officers, employees and volunteers as Loss Payee.
The insurance shall waive any right of recovery under subrogation for those
insured under this policy. The limit is to reflect full replacement cost of hard
cost construction values. Perils are to be all risk excluding Earthquake and
Flood. Perils are to include any transportation risk but is to exclude any
equipment, machinery, tools, or property of similar nature, owned, rented or
used by DB or contractors.
6.1.1.6 Other Provisions. Prior to beginning Work under the Agreement, each and
every contractor of any tier shall furnish Certificates of Insurance satisfactory
to the City. All such certificates will contain at least the following
provisions:
6.1.1.6.1 Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or materials reduction in coverage.
6.1.1.6.2 The words "will endeavor" and "but failure to mail such notice shall
impose no such obligation or liability of any kind upon the
company, its agents or representatives" will be deleted from the
certificate.
6.1.1.6.3 Throughout the life ofthe Agreement, each and every contractor of
any tier shall pay for and maintain in full force and effect, with an
insurer authorized by the California Insurance Commissioner to do
business in the State of California, the policies evidenced herein.
Any insurance provided for the City, DB or subcontractors for this project shall be written through an
insurer admitted in the State of California with an AM Best rating of not less than A,V. Any
exceptions are at the sole discretion of the City and subject to written approval of the City.
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7.0 INSPECTION
7.1 City sha1l be responsible for material testing and inspections, with reimbursement to
be required by DBT for any re-inspections. The City sha1l either perform said
inspection services with its own forces or contract with third parties. It shall be the
responsibility ofDBT, however, to call for, coordinate and schedule all inspections.
7.2 City, its consultants, subcontractors, independent testing laboratories as well as other
governmental agencies with jurisdictional interests will have access at reasonable
times for this observation, inspecting and testing. The DBT shall provide them
proper and safe conditions for such access and advise them of DBT's safety
procedures and programs for compliance.
8.0 CHANGE IN GMP AND CONTRACT TIME
8.1 The GMP and Contract Time may only be changed with a written Change Order.
Change Orders shall be issued only under the fo1lowing circumstances:
A. The City directs DBT to perform Additional Services.
B. For reasons expressly provided in the D/B Contract.
9.0 PROJECT COMPLETION
9.1 Substantial Completion shall be that stage in the progress of the construction when
all Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City may fu1ly utilize entire Project; Substantial Completion sha1l
further mean that all goods, services and systems to be provided under the terms and
conditions of the Construction Documents are in place and have been initially tested,
and are operationally functional, subject only to final testing, balancing and
adjustments and normal Final Completion punchlist Work.
9.2 Final Completion shall be deemed to occur on the last of the following events: (1)
recordation of a Notice of Completion for the Project; (2) acceptance of the Project
by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4)
submission of a1l documents required to be supplied by DBT to City as outlined in
the D/B contract, including but not limited to As-Built Drawings, warranties, and
operating manuals; (5) and delivery to City of a Certificate of Completion duly
verified by DBT.
9.3 The DBT shall provide City with a Certificate of Completion, certifying to City under
penalty of perjury that the Project has been completed in accordance with the
Construction Documents, all applicable building codes and regulations, all permits,
licenses, and certificates of inspection, use and occupancy, and ordinances relating to
the Project.
11
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~_.. "
9.4 The DBT shall provide five sets of City final record drawing documents at the end of
construction, one set ofreproducible and one copy in electronic format ("As-Built
Drawings"). As-Built Drawings are to be accurate and legible records showing all
components of the Proj ect and there exact locations
9.5 The DBT shall provide a copy of, or make available before destruction, all records
(which includes all writings as defined in Evidence Code Section 250) to the City
upon receipt or generation, which shall include a copy ofDBT's filing protocol.
9.6 A copy of all approved submittals shall be forwarded to the City at the completion of
the project. All information shall be assembled in such a fashion to fit into a standard
file drawer and organized by CSI codes. This copy is in addition to those provided
during the course of construction for comment.
10.0 WARRANTIES AND GUARANTEES
10.1 The DBT warrants and guarantees to City that materials and equipment incorporated
into the Proj ect will be new unless otherwise specified and that all work will be in
strict accordance with the Construction Documents and will not be defective. All
Defective Work, whether or not in place, may be rejected, corrected, or accepted as
directed by City. DBT shall not be entitled to an extension in Contract Time or
increase in GMP because of any delay or increase in cost attributable to the rejection,
correction or acceptance of said work. Defective work may be rejected even if
approved by prior inspection.
10.2 The warranty period shall commence when the Certificate of Final Completion is
issued (irrespective of beneficial use by City prior to Final Completion) and extend
one (1) year after that date or whatever longer period may be prescribed by laws or
regulations or by the terms of any applicable special guarantee or specific provision
ofthe Construction Documents. The D/B contract will contain provisions addressing
this issue and steps to correct defective work.
11.0 MAINTENANCE OF RECORDS AND ACCOUNTING
11.1 The DBT shall maintain, during the Project implementation time and for a period of
three (3) years after completion of the Proj ect, accurate and organized records of all
costs of any type and all services performed for the proj ect. City will have the right
at any time, including during the performance of all Phases of the Project to audit and
copy all such records.
12.0 OWNERSHIP OF DOCUMENTS
12.1 All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced for this project shall be the
sole and exclusive property of City. No such materials or properties produced in
whole or in part for this project shall be subject to private use, copyrights or patent
12
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- "---"~,~-~,---- ------- -------.-
0'_._.- __'___'_"'___
rights by Consultant in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority to publish, disclose
(except as may be limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any ~uch reports, studies,
data, statistics, forms or other materials or properties produced for this project.
13.0 RFP REQUIREMENTS
13.1 All DBTs are required to follow the format specified below. The content of the
proposal must be clear, concise, and complete. Each section ofthe proposal shall be
presented according to the outline shown below to aid in expedient information
retrieval (NOTE: DBTs shall base their proposals on the "Scope of Work").
Eight (8) copies of the proposal shall be delivered no later than 4:00 P.M. on Friday,
June 25, 2004, to:
City ofChula Vista
Attn: Matt Little
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
13.2 Please note that faxed copies will not be accepted. Also note that incomplete
proposals, incorrect information, or late submittals may be cause for immediate
disqualification. The City reserves the right to amend the RFP prior to the date that
proposals are due. Amendments to the RFP shall be mailed to all potential DBTs.
The City reserves the right to extend the date by which the proposals are due.
13.3 General RFP Requirements:
A. The City desires to receive proposals from only qualified and experienced
DBTs who demonstrate significant knowledge of design engineering and
construction management, and experience and successful performance on
public sector park and recreation facilities of comparable magnitude involving
a GMP incorporating both design and construction.
B. The proposal should be concise, well organized and demonstrate the DBT's
qualifications and experience applicable to the Project. The proposal shall be
inclusive of resumes, graphics, forms, pictures, photographs, dividers, fiont and
back cover, cover letter, etc. Type size and margins for text pages should be in
keeping with accepted standard formats for desktop publishing and word
processing and should result in no more than 500 words per page.
C. Proposals must be bound.
13.4 Contents:
A. Proposals submitted in response to this RFP shall be in the following order and
shall include:
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l. Executive Summary.
2. Include a one- to two-page overview that highlights DBT approach and
DBT's commitment to meet or exceed the City's objectives and insure a
successful project built on time and on schedule.
3. Identification of each DBT member:
0 Legal name and address.
0 Legal form of company (partnership, corporation, joint venture,
etc.). If joint venture identifY the members of the joint venture and
provide all information required under this section for each
member.
0 If company is, wholly owned subsidiary of a "parent company,"
identify the "parent company."
0 Addresses of offices located in San Diego County, if any.
0 Number of employees in San Diego County.
0 City of Chula Vista Business License Number.
0 Name, title, address and telephone number of person(s) to be
assigned to project.
0 Name, title, address and telephone number of person to contact
concerning the proposal.
13.5 Experience and Technical Competence:
A. Describe DBT's experience in completing similar designlbuild projects. List
three (3) successfully completed projects of similar nature with name of
Owner's Project Manager, phone numbers, project type and total value of
completed construction. Proj ects currently in process may be submitted for
consideration. Identify any specific proj ects and include in your client
references where this team has worked together.
13.6 Proposed Method to Accomplish the Work:
A. Describe DBT's technical and management approach to the design and
construction effort. Discuss lines of communications necessary to maintain
design schedule and construction schedules, and software availability for both
schedule and management reporting.
13.7 Knowledge and Understanding of Local "Environment":
A. Describe experience working in the local "environment" and proposed local
presence for interfacing with the City's proj ect rnanagement staff. The
"environment" includes but is not limited to: City and other local agencies
regulations and policies; local environmental documentation requirements;
geotechnical conditions in project area; local building codes; ADA
requirements and other local design criteria.
14
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--.,','
.. -'~'- . -.-----..-... -- --- ------ ---~----
13.8 Project Organization and Key Personnel:
A. Describe proposed project organization and provide an organizational chart,
including identification and responsibilities of key personnel. Indicate role and
responsibilities of the prime Consultant and all sub-consultants. Indicate how
local firms are being utilized to ensure a strong understanding of local laws,
ordinances, regulations, policies, requirements, permitting, etc. Indicate extent
of commitment of key personnel for duration of project (through building and
park occupation) and furnish resumes of key personnel. Provide indication of
staffing level for the project.
B. DBT's evaluation will consider its entire team, therefore no changes in team
composition will be allowed without prior written approval of the City.
Describe DBT's capacity to perform the work within the time limitations,
considering DBT's current and planned workload and DBT's workforce.
13.9 Financial Arrangements for DBT Members:
If the DBT is a Joint Venture Team, the DBT shall address the proposed
financial arrangements between the Joint Venture members as they relate to
liability to the City for work to be performed. DBT shall submit a team
members' list indicating scope of work, and approximate percentage of
contract. Team members must be named on said list if they receive more than
$10,000 or more than one-half of one percent (.5%) whichever is less.
13.10 Exceptions to this RFP:
The DBT shall certify that it takes no exceptions to this RFP. If the DBT does
take exception(s) to any portion of the RFP, the specific portion of the RFP to
which exception is taken shall be identified and explained.
13.11 Addenda to this RFP:
DBT shall confirm in its proposal the receipt of all addenda issued to this RFP.
DBT is not required to include copies ofthe actual addenda in its proposal.
13.12 Minimum Contractor Qualifications:
DBT submitting qualifications must include a contractor who possesses the
applicable California Contractor's license. DBT must also submit evidence of
being able to be bonded for such projects.
13.13 Schedule of Rates and Fees:
A. Pre-Construction:
1) Provide cost break down of design cost by discipline. Include design
teams cost to administer the contract during the course of construction.
2) Provide a fixed fee for preconstruction services. Services for this period
shall include but not limited to cost estimating, constructability review,
site surveys, subcontractor bidding, submittal review and procurement of
15
7-81
long lead items. The City views the DBT's input and leadership during
this period as an important component of the project.
B. Project General Conditions: Provide a detailed spreadsheet that completely
outlines the projects general conditions, including quantities, units, unit costs
and totals. Provide billing rates for all proposed team members. All design cost
shall be included under Pre-Construction cost noted as item A above.
C. Cost of Work Multipliers (FEE): Based on the scope and size of the project,
please propose an overhead and profit percentage rate and any other multipliers
such as liability insurance to be applied to the cost of work. This rate would
apply to each major phase of the project as it is released and subsequently bid
to subcontractors.
D. Preliminary Cost Estimate: Based on the attached master plan please provide a
comprehensive cost estimate that takes into account all design and construction
costs. Clearly note all assumptions that were used to create the estimate and
areas of concern. The proposed project has a preliminary construction budget
of$1,200,000.
E. Change Orders: Indicate an overhead and profit percentage fate to be used on
subsequent changes to the major phases of the project. This rate shall apply to
deductive changes.
F. Provide Payment and Performance Bond Rates.
G. Provide description of your company's safety policy and how it would be
implemented on this job.
H. Provide Preliminary Design & Construction Schedule. This schedule should
reflect major design and construction activities as well as maintenance periods
for landscaping. The City anticipates this project to be completed and all
facilities open to the public no later than October 2005.
13.14 Additional Information:
A. This section shall contain all the other pertinent information that is required to
be submitted with the proposal in the following order:
1. Description of insurance coverage for prime respondent and co-venture
partner(s) (types of coverage and policy limits, deductible, exclusions,
and outstanding claims).
2. Description of in-house resources for prime respondent and co-venture
partner(s) (i.e., computer capabilities, software applications, modem
protocol, and modeling programs, etc.).
3. Indicate if contractors self perform any work, if so, what trades. Also
indicate if contractors have any union signatory agreements.
4. DBTs should provide, on a strictly confidential basis, the following
information:
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"__..-.m___~ _ ~- -~-- --....-....
..--.--.....--... ------
a) Audited financial statements for the last three years
b) List ofprojects completed in the last year
c) List of projects currently under development, or construction with
status, development schedule and financial commitment
d) List of projects currently involved in litigation or unresolved claims
for the contractor.
14.0 PUBLIC DISCLOSURE
14.1. All proposals submitted in response to this RFP become the property of the City and
public records, and as such may be subject to public review. Under the California
Public Records Act (California Government Code Section 6250 et seq.) records in
the custody of a public entity generally have to be disclosed unless the information
being sought falls into one or more of the exemptions to disclosure set out in
Govemment Code Sections 6254 through 6255. The cover letter of the proposal
should contain a paragraph that states whether or not DBT believes that its proposal
does or does not contain information that falls into one of the exemptions of
Govemment Code Sections 6254 through 6255 and whether or not DBT considers
such information to be confidential.
14.2 In the absence of a declaration, City may be obligated to disclose proposal to any
party that requests it. Regardless of assertions of confidentiality, proposal contents
may still be disclosed if City, or a court with jurisdiction, determines that such
proposal is a public record requiring disclosure.
15.0 PROPOSAL SCHEDULE
15.1 The solicitation receipt and evaluation of proposals and the selection of the DBT will
conform to the following schedule (Note: Dates are subject to change):
· Distribution/Advertisement ofRFP - Wednesday, June 2, 2004
· Submittal of Proposals Deadline - Friday, June 25, 2004 by 4:00 pm
· Preliminary DBT Selection - July 2004
· Approval ofDesign/Build Agreement - August/September 2004
16.0 PROPOSAL SELECTION PROCESS
16.1 Award will be based on the best-qualified DBT to build the facility. Relevant team
experience, design costs, fee and general conditions will be a primary factor, but not
the sole consideration for award. Contracts will be awarded in accordance with the
Chula Vista Municipal Code and the Design/Build Ordinance as outlined in Section
2.57 of the Chula Vista Municipal Code.
17
7-83
17.0 PROPOSAL EVALUATION CRITERIA
17.1 Submittals received by City will be evaluated in no certain order, according to the
criteria listed below: I
A. Conformance to the specified RFP requirements and format;
B. Organization, presentation, and content ofthe submittal;
C. Specialized experience and technical competence of the firm(s), (including
principal firms, joint venture-partners, and sub-consultants) considering the
types of service required; the complexity of the project; record of performance;
and the strength of the key personnel who will be dedicated to the project;
D. Proposed methods and overall strategic plan to accomplish the work in a timely
and competent manner;
E. Knowledge and understanding of the local environment and a local presence for
interfacing with the City;
F. Financial resources and stability of the principal consultant and/or DB team;
G. Ability to meet the insurance requirements unless City, at its sole discretion,
decides to modify or waive the insurance requirements or elects to provide
project insurance;
H. Pre-Construction Costs, FEE, Change Order mark up rates.
18.0 CONTRACT TERMS AND CONDITIONS
18.1 Issuance of this RFP does not commit City to award a contract, or to pay any costs
incurred in the preparation of a response to this request. City retains the right to
reject any or all submittals. Selection is dependent upon the negotiation of a
mutually acceptable contract with the successful DBT. A sample contract that will be
modified to the specifics of this project is provided for your review as Attachment B.
No modifications to the standard contract language will be granted. Cost to meet the
minimum requirements shall be noted as part of Section 13.13 above or clearly
denoted as an exclusion as part of your proposal response.
18.2 Each submittal shall be valid for not less than one hundred and twenty (120) days
from the date of receipt.
18.3 All insurance shall be provided at the sole cost and expense of the firm selected,
unless the requirement is modified or waived by the City. City reserves the right to
modify the insurance limits or to substitute project insurance during contract
negotiations.
19.0 PREVAILING WAGE
18
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_____._.".~._..__.~_.__.___...__ _ _ _. .... ___ . .__.._,... ______.__._____..~_~___._w_.
19.1 Contracts to be awarded from this RFP process are subj ect to the payment of
prevailing wages to anyone performing work in a covered work classification.
Federal Prevailing Wage Rate Determinations are subj ect to any "Modifications" to
those wage determinations issued by the U.S. Department of Labor ten (10) working
days before the Proposal due date.
The City looks forward to receiving a proposal from your firm. If you have any questions regarding
this RFP, please contact:
Mr. Matt Little
General Services Department
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Phone: (619) 397-6088
Fax: (619) 397-6250
Email: Mlittle@ci.chula-vista.ca.us
Attachments:
Attachment A: Park Master Plan
Attachment B: Sample Design/Build Contract
Attachment C: Park Site
19
7-85 ,~
..
Attachment A:
Park Master Plan
(See Attached Document)
20
7-86
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Attachment B:
Sample Design/Build Contract and Glossary of Terms
NOTE: The attachment is the City of Chula Vista's generic two party design build agreement.
It will be modified slightly to reflect the RFP requirement related to scope and establishment of
GMP. Exceptions are to be clearly noted in the RFP response in writing, referring the page and
paragraph number. The Section regarding Insurance requirements (and indemnification) is the
City's standard insurance and indemnification policy and is not open for negotiation.
21
7-93 -
---
----.--..-
--------_..--,-."-
,..._---,,---- .._~.---_.__..- ..---. ---
EXHIBIT 2
Design Build Fee Structure
J:\General Services\GS Administration\Design Build Agreements\J-Iarborside Park DB Rev 092304.doc II
7-94 ,
=,. --,.,'"
-" - ----------_.._._-------~_._~._._,.._..__.-
Preliminary Cost of Construction
Harborside Park
Harborside Park - Preliminary Construction Costs
1. Preliminary budget - hard cost incl 5% contingency subtotal $ 1,200,000
2. General Conditions - 5 Months $ 100,000
3. Subtotal - Hard Construction Costs $ 1,300,000
4. Design/Builders Fee - sliding scale
Fee on first $1 ,000,000 of construction cost $ 100,000
Fee on next $500,000 over $1,000,000 - 6% $ 18,000
5. Total - Preliminary Cost of Construction Estimate $ 1,418,000
Design and Pre-Construction Fees:
6. Preconstruction Services for Design/Builder - sliding scale
Preconstruction fee on first $1,000,000 of construction cost $ 20,000
Preconstruction fee on construction cost over $1 mil. - 3/4% $ 3,135
7. NE Design Fees
Landscape Design / Construction Documents $ 30,000
Site Structures / Site Improvements $ 17,000
Civil Engineering $ 15,700
8. NE Construction Administration $ 4,500
9. Topo Survey $ 5,500
10. Hydrology and SWPPP $ 6,500
11. Storm Water Mgmt Plan - not required $ -
12. Off-site engineering / design - not required $ -
13. Reimbursables $ 15,000
Total Preliminary Design & Build Cost $ 1,535,335
14. Cost of bond premium - sliding scale
First $500,000 - $12.00 per 1,000 $ 6,000
Premium over $500,000 - $8.00 per 1,000 $ 8,283
15. Insurance $ 4,606
16. Building/Utility/Site Fees (by owner) $ -
17. City staffing / Inspections (by owner) $ -
18. Project contingency @ 5% (included in line 1 above) $ -
Total Preliminary Project Cost $ 1 ,554,224
Design Fees, Pre-Construction Fees and GC Summary:
General Conditions (line item 2 above) $ 100,000
Design and Pre-Construction Fees (line items 6-11 above) $ 117,335
Total Design Fees, Pre-Const. Fees and General Conditions $ 217,335
Erickson-Hall Construction Co.
Oct 5, 2jJ.Qt 5 ~
, -....,'"
..-----
EXHIBIT 3
Identification of Design Build Team Members
J:\General Services\GS Administration\Design Build Agreements\Harborside Park DB Rev 092304.doc III
7-96 -.
- -..
-.-"- .--.-.-.....--.- -~-- --_.~ _u ~ _ _____~_~__.__._ ..m."_"'__'··__·_
" 3. Identification of DBT Members
".'.. .
Contractor / Desiç¡n Build Team Lead
Legal Name and Address
Erickson-Hall Construction Co.
500 Corporate Drive
Escondido, CA 92029-1517
Legal Form of Company - Erickson-Hall is a California Corporation. Dave Erickson and Michael Hall are
the only owners and each has equal ownership.
Business History - Erickson-Hall has maintained offices in Escondido, California since incorporating in
1998. Prior to incorporating as Erickson-Hall Construction Co., Dave Erickson was owner and president
of D.M. Erickson Construction Co. and maintained an office in Escondido since 1993.
Surety Information (Bondability) - Erickson-Hall Construction Co. has a line of credit through Traveler's
Casualty and Surety Company of America with a single project bond limit of $20,000,000 and an
aggregate limit of $50,000,000. Included at the end of this section is a letter of bondability from our surety
company.
Number of Employees Erickson-Hall Mission Statement
Home office:
To provide quality general building contracting
Principals: 2 services to our customers by bringing a superior
Number of Construction Mgrs. 2 team to each project.
Number of Project Managers: 7
Number of Project Engineers: 5 Core Values
Number of Admin Support: 4
Number of Pre-Constr. Mgrs: 1 Operate with honesty and integrity.
Number of Estimating Staff: 7
Number of Accounting Staff: 5 Work with passion, excitement and enthusiasm.
Field Offices: People are the source of our success.
H ire the best - Expect the best
Number of Superintendents: 28
Field Clerical/Coordinators: 12 Build more than buildings for our customers -
Trade Persons: 50-70 build relationships
I§:I Design/Build Services Proposal
ERICKSON-HAll Harborside Park
co ~ STRUCTIO 1<1 co.
7-97
-'_..~
'~ 3. Identification of DBT Members
"
Landscape Contractor
Legal Name and Address
The Brickman Group (formerly Brookwood Inc.)
Regional Office - Califomia Corporate Headquarters
6218 Fairmount Avenue 18227D Flower Hill Way
San Diego, CA 92120 Gaithersburg, MD 20879
Legal Form of Company - The Brickman Group, LId (fonnerly Brookwood Inc.) has been established in
San Diego since 1972. Brookwood is one of San Diego's largest and most experienced landscape
contractors. Brookwood merged with The Brickman Group providing significant resources of a national
1 landscape contractor while maintaining its local identity and personnel.
Bus i ness H ¡story - Strong relationships are the Brickman Culture
1
foundation of Brickman's quality service. For more Brickman believes in The Golden Rule; treat
than 60 years, the Brickman family has partnered others the way you would want to be treated
with the customer to meet and exceed
r expectations. That tradition of listening and yourself. This is the compass that guides our
responding to the customer has enabled Brickman relationships, vendors and the communities in
to become one of the largest providers of quality which we serve. From this simple motto
, spring The Brickman principles of Trust,
¡ landscape services in the nation. They never lose
, sight of the most important thing; the relationship Honesty, and Respect. We attract team
I·
with each customer - every day. As Brickman members whose values match our own; team
continues their steady growth, solid branch members who have a passion to serve
structure ensures that, while the resources for any customers with excellence, honesty and
job will always be available, they will forever remain integrity.
your local landscaper
Remaining Design Consultants
Civil Engineering-Cherry Engineering
Architecture Park Structures - Davy Architecture
Landscape Architect - To Be Detennined
Deneen Powell Atelier, Inc.
or
George Mercer Associates
§: Design/Build Services Proposal
ERICKSON. HALL Harborside Park
co ~ Sf ØUCTION co.
7-98 ~
--'-'
" .-----.- -----,~,- .--..-
COUNCIL AGENDA STATEMENT
Item Z
Meeting Date 10/05/04
ITEM TITLE: RESOLUTION AMENDING THE MEMORANDUM
OF UNDERSTANDING (MOU) WITH THE CHULA
VISTA POLICE OFFICER'S ASSOCIATION RELATED
TO HEALTH BENEFITS AND APPROPRIATING FUNDS
THEREFORE BASED ON UNANTICPATED SALES TAX
REVENUES.
RESOLUTION AMENDING THE MEMORANDUM
OF UNDERSTANDING (MOU) WITH THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 2180 RELATED TO HEALTH BENEFITS AND
APPROPRIATING FUNDS THEREFORE BASED ON
UNANTICPATED SALES TAX REVENUES.
SUBMITTED BY: Director of Human Resources t:Øa(l()v- {r:;' 111~'
'þ-
REVIEWED BY: City Manager~...y¡v' (4/5ths Vote: Yes..x.. No->
As required by a re-opener clause in the MOU, negotiating teams representing
POA and the City recently met to discuss health care and the impact of
cumulative annual premium increases on take home pay. Significant increases
in health care premiums during the past 5 years have resulted in a situation
where in January 2005 nearly all sworn police personnel would have to pay
between $22 and $222 each month for health premiums, with co-payments
tripling during same the period.
As part of the negotiations the two sides collaboratively conducted a review of a)
POA demographics, b) the position of POA's health benefits package relative to
other City employees and police professionals, and c) the cost of various health
benefit alternatives. As a result of this analysis both sides agreed that the most
cost effective way of meeting the needs of POA's membership would be to switch
from the current cafeteria-style health plan to an employer paid plan. This
change was approved by a vast majority of the POA membership on September
29, 2004.
IAFF Local 2180 is the only other bargaining unit in the City with a tiered
cafeteria-style health plan similar to POA's. Accordingly, IAFF members are
facing many of the same issues and concerns in regards to rising health care
premiums. Given the historical similarities between the health care plans
8-1
. ._.,~-_.,....._.. - --- ---~--------,.._._._----,---"--,---
Page 2, Item b
Meeting Date 10/05/04
provided to POA and IAFF members, the same health plan changes were offered
to IAFF. The specific language changes being proposed are presented in
Appendix B and were ratified by a majority of IAFF Local 2180 members during a
general membership meeting on September 21, 2004.
The negotiating teams for POA and IAFF also expressed a desire to work with
the City to set co-payments at levels that provide the highest long-term cost
stability to both the City and employees. Also, the City agreed to work with the
bargaining units in examining potential mechanisms for funding employee health
care costs in retirement.
RECOMMENDATION:
That City Council:
1. Approve the proposed amendments to the Memorandums of
Understanding with POA and IAFF Local 2180,
2. Amend the personnel services budgets of the Police and Fire departments
by $136,784 and $57,594 respectively, and appropriate $194,378 based
upon unanticipated sales tax revenues therefore.
BOARDS AND COMMISSIONS:
Not applicable.
DISCUSSION:
Backqround
On December 12, 2000 City Council adopted a resolution extending the
Memorandum of Understanding (MOU) with the Chula Vista Police Officer's
Association (POA) through June 30, 2005. Since that time health care premium
costs have increased significantly. Between January 2001 and January 2004
Kaiser rates increased 23%. During that same period PacifiCare rates increased
43%. Even higher premiums are anticipated in the coming year. Beginning
January 1, 2005 the PacifiCare and Kaiser premiums will increase by an
additional 10% and 20% respectively.
These rate increases are causing great concern among the POA Board and their
membership. The premiums have risen to a point where nearly all members
experience significant payroll deductions in order to pay for their health coverage.
For example, a member taking Kaiser Employee plus Family currently pays $623
8-2
Page 3, Item c¡
Meeting Date 10/05/04
for the coverage. Under the existing MOU the cost for the same coverage will
rise to $1,455 beginning January 2005. For a member taking PacifiCare
Employee plus Family the payroll deduction is $2,591 rising to $2,670 effective
January 2005.
Negotiating teams representing POA and the City recently met to discuss the
issue of rising health care premiums and the negative impact it is having on
POA's membership. As part of the negotiations the two sides collaboratively
conducted a review of POA demographics, the position of POA's health benefits
package relative to other City employees and police professionals, and the cost
of various health benefit alternatives. As a result of this analysis both sides
agreed that the most cost effective way of meeting the needs of POA's
membership would be to switch from the current cafeteria-style health plan to an
employer paid plan.
Current Health Plan
The current MOU with POA provides for a tiered cafeteria-style health plan
whereby employees receive a flex allotment from which they "purchase" their
health benefits. The plan is tiered in the sense that the flex allotment varies with
the number of eligible dependents covered. It is important to note that POA and
IAFF are the onlv two barqaininq units in the Citv with this type of health plan.
The recent increases in health care costs have significantly eroded the buying
power of the flex allotment resulting in the vast majority of POA and IAFF
members having payroll deductions in order to cover the premium cost of their
selected health plan. Those employees taking dental coverage are required to
pay even more.
Proposed Health Plan
The proposed MOU amendment would replace the existing tiered cafeteria plan
with an employer paid plan whereby the health and dental premiums of an
employee and their eligible dependents are simply covered by the City. The
main benefit of this type of plan is that the uncertainty surrounding future health
and dental care costs is removed for the employee, thus protecting annual salary
adjustments from future premium increases. Switching to an employer paid plan
will improve morale, aid in the retention of more experienced staff, and enable
the City to recruit more effectively in an increasingly competitive labor market.
8-3
_..u_. .~ ". _ _.__ ~._.._,__,._.__~__.__
Page 4, Item <j
Meeting Date 10/05/04
Following is a summary of the proposed plan:
· The City would pay 100% of the Kaiser premium for the employee and any
eligible dependents the employee chooses to cover.
· Employees choosing a non-Kaiser HMO over Kaiser would pay a flat
amount of $600 regardless of the number of dependents covered.
· The City would pay 100% of the pre-paid dental premium for the employee
and any eligible dependents the employee chooses to cover.
· Employees choosing the preferred provider dental plan over the pre-paid
dental plan would be responsible for any additional costs over and above
the cost of the pre-paid plan.
The specific language changes being proposed to the MOU with POA are
presented in Appendix A and were ratified by a majority of POA members during
a general membership meeting on September 29, 2004.
IAFF Local 2180
IAFF Local 2180 is the only other bargaining unit in the City with a tiered
cafeteria-style health plan similar to POA's. Accordingly, IAFF members are
facing many of the same issues and concerns in regards to rising health care
premiums. Given the historical similarities between the health care plans
provided to POA and IAFF members, the same health plan changes were offered
to IAFF. The IAFF board was receptive to the proposed changes and staff is
recommending that the MOU with IAFF Local 2180 also be amended. The
specific language changes being proposed are presented in Appendix Band
were ratified by a majority of IAFF Local 2180 members during a general
membership meeting on September 21, 2004.
Retiree Health
During negotiations POA also expressed an interest in establishing a mechanism
for funding employee health care costs in retirement. The City has agreed to
work with POA in exploring available options. Towards that end a committee has
been created that includes representatives from each of the City's bargaining
units as well as staff from Finance, Human Resources, the City Attorney's Office,
and the Office of Budget and Analysis. In the coming months the committee will
be working with experts in the field of retiree health benefits to gather information
on the subject in preparation for the upcoming labor negotiations with all
bargaining units.
8-4
Page 5, Item C¿
Meeting Date 10/05/04
FISCAL IMPACT:
The proposed MOU changes would go into effect January 1, 2005 at a projected
cost of $194,378 for fiscal year 2005 and $388,755 ongoing. Staff has identified
unanticipated sales tax revenues sufficient to fully offset these costs, resulting in
no net impact to general fund reserves. The breakdown between POA and IAFF
are shown below:
Bargaining Unit FY 2005 Ongoing
POA $136,784 $273,568
IAFF Local 2180 $57,594 $115,187
Total $194,378 $388,755
In addition to the costs associated with these MOU changes, the City is obligated
to pay an additional $300,000 this fiscal year (beginning January 2005) to cover
its 50% share of the premium increases for all City employees. As the year
progresses, staff will monitor the budget and if necessary come back for partial or
full appropriations to cover this cost.
Attachments:
A) Proposed amendment to MOU with POA
B) Proposed amendment to MOU with IAFF
8-5
'"' .._-_.__._-~..__._-- .-- ....__.._...__.."_._---,--~~~~-~---~--
Attachment A: Proposed Amendment to MOU with POA
2.10 HEALTH AND WELFARE
I. Health and Dental Insurance
Effective January 1, 2005 the City will provide the following benefits to each
represented employee:
Health Insurance Dental Insurance
Annual Non-
Cost Kaiser Kaiser Pre-Paid Dental
HMOs Non- Dental PPO
Kaiser
PPO
Employee City Pays Employee City Pays City Pays City Pays
Only 100% of Pays $50 an amount 100% of an amount
Premium per month; equal to the Premium equal to the
City pays City's premium
balance of share of for the Pre-
Premium Non-Kaiser Paid Plan,
HMO employee
premium, responsible
employee for balance
responsible
for balance
Employee City Pays Employee City Pays City Pays City Pays
+One 100% of Pays $50 an amount 100% of an amount
Premium per month; equal to the Premium equal to the
City pays City's premium
balance of share of for the Pre-
Premium Non-Kaiser Paid Plan,
HMO employee
premium, responsible
employee for balance
responsible
for balance
Employee City Pays Employee City Pays City Pays City Pays
+ Family 100% of Pays $50 an amount 100% of an amount
Premium per month; equal to the Premium equal to the
City pays City's premium
balance of share of for the Pre-
Premium Non-Kaiser Paid Plan,
HMO employee
premium, responsible
employee for balance
responsible
for balance
8-6
-- --~._.._" ..-.---,--,-_._._-----------~._-----
Represented employees who are married to another represented employee have
the option of being covered as an Employee Only or as a dependent under their
spouse's Employee + One or Employee + Family coverage level.
Enrollment:
Health-Each eligible employee will be covered under the City offered health plan
of their choice effective from employee's date of hire in that eligible position. For
employees enrolling in Kaiser, the City will pay the full cost of the premium. For
employees enrolling in a non-Kaiser HMO, the City will pay the cost of the
premium less $50 per month. For employees enrolled in a non-Kaiser PPO, the
City will pay an amount equal to the City's share of the non-Kaiser HMO
premium. Any difference between the City's share of the health premium and the
full premium cost will be paid by the employee through payroll deductions.
Employees who fail to submit required benefit election forms within 30 days of
the date of eligibility or during open enrollment will automatically be enrolled in
the Kaiser-Employee Only plan.
Dental- Represented employees will be eligible to participate in any City
sponsored group dental plan effective the first of the month following the
employee's date of hire. The City will pay an amount equal to the pre-paid dental
plan premium for employees who enroll in a dental plan within 30 days of their
date of eligibility or during open enrollment. Any difference between the pre-
paid dental plan premium and the PPO dental plan premium will be paid by the
employee through payroll deductions.
Employees may only change their health or dental coverage levels at open
enrollment or upon a qualifying event (marriage, divorce, birth, adoption, etc.).
Co-Payments
It is the intent of the parties that co-payments be set at levels that will provide the
highest long-term cost stability to both the City and employees.
Employee Paid Medical and Dental Premiums Taken as Pre-Tax Payroll
Deductions
It is the intent of the parties that participating employees receive the maximum
benefit allowable in accordance with IRS regulations. In those cases where the
employee pays a portion of the cost, premiums will be deducted from the
employee's paycheck on a pre-tax basis as allowed under Sections 125, 105,
and 213 of the Internal Revenue Code. If an employee prefers to have the
deductions taken on a post-tax basis, he or she must present the request for
such change in writing to the Human Resources Department. If the City does not
meet IRS requirements, or if IRS regulations change for any reason, this benefit
may be discontinued.
Insurance Coverage While On Leave of Absence Without Pay-Represented
employees on leave without pay for any reason may continue, at their own
expense, their group insurance coverage by paying the full cost of their premium
8-7
plus a 2% administrative fee. This provision is subject to Section 2.14 Leave of
Absence, of this MOU, which defines insurance coverage while on disability
leave.
Upon an employee's return from leave without pay, the employee's benefits will
be reinstated to the same benefit level in effect prior to the beginning of the leave
without pay status. An employee who paid for the cost of his or her insurance
while on leave of absence and who returns to work prior to the 15th of the month,
will not be required to pay the insurance premium for that month.
Termination of Benefits Upon Separation of Employment-An employee's
coverage under the City's group medical, dental, and group term life insurance
plans is effective through the last day of the month in which the employee's
separation is effective.
The employee may continue benefit coverage beyond that date, at their own
expense, in accordance with Federal COBRA law. The cost of COBRA coverage
is their premium plus a 2% administrative fee. This provision is subject to
Section 2.14 of this MOU, which defines insurance coverage while on disability
leave.
II. Flexible Spending Accounts (FSAs)-Health Care and Dependent Care
Represented employees will be eligible to participate in the two Flexible
Spending Account (FSA) options offered by the City. These accounts are
allowed by Sections 125,105,129 and 213 of the Internal Revenue Code.
Employees may elect to set aside a portion of their salary, on a pre-tax basis, to
fund eligible health care and dependent care expenses. If the City does not meet
IRS regulations, or if the IRS regulations change for any reason, this benefit may
be discontinued.
The maximum amounts an employee may set aside are:
$2,500 for Health Care
$5,000 for Dependent Care
These accounts may only be established during the Benefits Open Enrollment or
within 30 days of a qualifying change in family status as defined by the IRS.
Salary deductions will be taken 24 times per year, bi-weekly except for those
months with three pay periods, where deductions will only be taken two times.
Reimbursements will be made on a schedule to be determined by the City.
Requests for reimbursement must be made on forms provided by the City. Any
monies not used by the end of the plan year will be forfeited. Specific details of
the plan are provided in the City's Summary of Benefits publication available from
Human Resources.
The City reserves the right to contract with a Third Party Administrator for
administration of FSAs. The City will pay the start-up costs associated with third
8-8
......-........-.._.._._._~._--~- _.__..-._._----~----_.._.__._.._---_..
party administration. Participating employees will pay any required fees
(monthly, per employee, or per transaction).
III. Life Insurance
The City agrees to contribute the amount necessary to provide each employee
with $10,000 in group term life and accidental death and dismemberment
(AD&D) insurance. Represented employees may purchase additional life
insurance through the City's group insurance plan. Employees who purchase
additional insurance will pay the additional cost through payroll deductions.
These deductions will be taken on a pre-tax basis up to the maximum allowed by
law. Any premium for coverage in excess of that maximum will be taken on a
post-tax basis. See Section 2.14 regarding payment for life insurance during an
unpaid Leave of Absence of more than one month.
8-9
Attachment B: ProDosed Amendment to MOU with IAFF
2.07 HEALTH AND WELFARE
I. Health and Dental Insurance
Effective January 1, 2005 the City will provide the following benefits to each
represented employee:
Health Insurance Dental Insurance
Annual Non-
Cost Kaiser Kaiser Pre-Paid Dental
HMOs Non- Dental PPO
Kaiser
PPO
Employee City Pays Employee City Pays City Pays City Pays
Only 100% of Pays $50 an amount 100% of an amount
Premium per month; equal to the Premium equal to the
City pays City's share premium
balance of of Non- for the Pre-
Premium Kaiser Paid Plan,
HMO employee
premium, responsible
employee for balance
responsible
for balance
Employee City Pays Employee City Pays City Pays City Pays
+One 100% of Pays $50 an amount 100% of an amount
Premium per month; equal to the Premium equal to the
City pays City's share premium
balance of of Non- for the Pre-
Premium Kaiser Paid Plan,
HMO employee
premium, responsible
employee for balance
responsible
for balance
Employee City Pays Employee City Pays City Pays City Pays
+ Family 100% of Pays $50 an amount 1 00% of an amount
Premium per month; equal to the Premium equal to the
City pays City's share premium
balance of of Non- for the Pre-
Premium Kaiser Paid Plan,
HMO employee
premium, responsible
employee for balance
responsible
for balance
8-10
-. --_.._..'--'-'~-"--"~--- --~--_._-------_._---,--
Represented employees who are married to another represented employee have
the option of being covered as an Employee Only or as a dependent under their
spouse's Employee + One or Employee + Family coverage level.
Enrollment:
Health-Each eligible employee will be covered under the City offered health plan
of their choice effective from employee's date of hire in that eligible position. For
employees enrolling in Kaiser, the City will pay the full cost of the premium. For
employees enrolling in a non-Kaiser HMO, the City will pay the cost of the
premium less $50 per month. For employees enrolled in a non-Kaiser PPO, the
City will pay an amount equal to the City's share of the non-Kaiser HMO
premium. Any difference between the City's share of the health premium and the
full premium cost will be paid by the employee through payroll deductions.
Employees who fail to submit required benefit election forms within 30 days of
the date of eligibility or during open enrollment will automatically be enrolled in
the Kaiser-Employee Only plan.
Dental- Represented employees will be eligible to participate in any City
sponsored group dental plan effective the first of the month following the
employee's date of hire. The City will pay an amount equal to the pre-paid dental
plan premium for employees who enroll in a dental plan within 30 days of their
date of eligibility or during open enrollment. Any difference between the pre-
paid dental plan premium and the PPO dental plan premium will be paid by the
employee through payroll deductions.
Employees may only change their health or dental coverage levels at open
enrollment or upon a qualifying event (marriage, divorce, birth, adoption, etc.).
Co-Payments
It is the intent of the parties that co-payments be set at levels that will provide the
highest long-term cost stability to both the City and employees.
Employee Paid Medical and Dental Premiums Taken as Pre-Tax Payroll
Deductions
It is the intent of the parties that participating employees receive the maximum
benefit allowable in accordance with IRS regulations. In those cases where the
employee pays a portion of the cost, premiums will be deducted from the
employee's paycheck on a pre-tax basis as allowed under Sections 125, 105,
and 213 of the Internal Revenue Code. If an employee prefers to have the
deductions taken on a post-tax basis, he or she must present the request for
such change in writing to the Human Resources Department. If the City does not
meet IRS requirements, or if IRS regulations change for any reason, this benefit
may be discontinued.
Insurance Coverage While On Leave of Absence Without Pay-Represented
employees on leave without pay for any reason may continue, at their own
expense, their group insurance coverage by paying the full cost of their premium
8-11
plus a 2% administrative fee. This provision is subject to Section 2.14 Leave of
Absence, of this MOU, which defines insurance coverage while on disability
leave.
Upon an employee's return from leave without pay, the employee's benefits will
be reinstated to the same benefit level in effect prior to the beginning of the leave
without pay status. An employee who paid for the cost of his or her insurance
while on leave of absence and who returns to work prior to the 15th of the month,
will not be required to pay the insurance premium for that month.
Termination of Benefits Upon Separation of Employment-An employee's
coverage under the City's group medical, dental, and group term life insurance
plans is effective through the last day of the month in which the employee's
separation is effective.
The employee may continue benefit coverage beyond that date, at their own
expense, in accordance with Federal COBRA law. The cost of COBRA coverage
is their premium plus a 2% administrative fee. This provision is subject to
Section 2.14 of this MOU, which defines insurance coverage while on disability
leave.
II. Flexible Spending Accounts (FSAs)-Health Care and Dependent Care
Represented employees will be eligible to participate in the two Flexible
Spending Account (FSA) options offered by the City. These accounts are
allowed by Sections 125,105,129 and 213 of the Internal Revenue Code.
Employees may elect to set aside a portion of their salary, on a pre-tax basis, to
fund eligible health care and dependent care expenses. If the City does not meet
IRS regulations, or if the IRS regulations change for any reason, this benefit may
be discontinued.
The maximum amounts an employee may set aside are:
$2,500 for Health Care
$5,000 for Dependent Care
These accounts may only be established during the Benefits Open Enrollment or
within 30 days of a qualifying change in family status as defined by the IRS.
Salary deductions will be taken 24 times per year, bi-weekly except for those
months with three pay periods, where deductions will only be taken two times.
Reimbursements will be made on a schedule to be determined by the City.
Requests for reimbursement must be made on forms provided by the City. Any
monies not used by the end of the plan year will be forfeited. Specific details of
the plan are provided in the City's Summary of Benefits publication available from
Human Resources.
The City reserves the right to contract with a Third Party Administrator for
administration of FSAs. The City will pay the start-up costs associated with third
8-12
',__m___" - -- -~ -~ --- - --,_.~------ .-
party administration. Participating employees will pay any required fees
(monthly, per employee, or per transaction).
III. Life Insurance
The City agrees to contribute the amount necessary to provide each employee
with $10,000 in group term life and accidental death and dismemberment
(AD&D) insurance. Represented employees may purchase additional life
insurance through the City's group insurance plan. Employees who purchase
additional insurance will pay the additional cost through payroll deductions.
These deductions will be taken on a pre-tax basis up to the maximum allowed by
law. Any premium for coverage in excess of that maximum will be taken on a
post-tax basis. See Section 2.14 regarding payment for life insurance during an
unpaid Leave of Absence of more than one month.
8-13
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MEMORANDUM OF
UNDERSTANDING WITH THE CHULA VISTA POLICE
OFFICER'S ASSOCIATION AND APPROPRIATING FUNDS
THEREFORE.
WHEREAS, on December 12, 2000 City Council adopted a resolution
extending the Memorandum of Understanding (MOU) with the Chula Vista Police Officer's
Association (POA) through June 30, 2005; and
WHEREAS, since this time health care premium costs have increased
significantly. Between January 2001 and January 2004 Kaiser rates increased 23%, and
PacifiCare rates increased 43%; and
WHEREAS, higher premiums are anticipated in the coming year.
Beginning January 1, 2005, PacifiCare and Kaiser premiums will increase an additional
10% and 20% respectively; and
WHEREAS, the premiums have risen to a point where nearly all members
experience significant out of pocket expenses in order to pay for their health coverage;
and
WHEREAS, negotiating teams representing POA and the City recently met
to discuss the issue of rising health care premiums and the negative impact it is having on
POA's memberships; and
WHEREAS, the negotiating teams representing POA and the City agreed
that the most cost effective way of meeting the needs of POA's membership would be to
switch from the current cafeteria-style health plan to an employer paid plan; and
WHEREAS, the current MOU with POA provides for a tiered cafeteria-style
health plan whereby employees receive a flex allotment from which they purchase their
health benefits; and
WHEREAS, the proposed MOU amendment would replace the existing
tiered cafeteria plan with an employer paid plan whereby the health and dental premiums
of an employee and their eligible dependents are simply covered by the City; and
WHEREAS, the main benefit of this type of plan is that the uncertainty
surrounding future health ànd dental care costs is removed for the employee, thus
protecting annual cost of living salary adjustments from run away premium expenses; and
8-14
- ...... -. -----... - --_.--_.._-~--- ----------- -- ...._.~ .......-
WHEREAS, staff believes that switching to an employer paid plan will
significantly improve morale, aid in the retention of more experienced staff, and enable
the City to recruit more effectively in an increasingly competitive labor market; and
WHEREAS, the general fund impact resulting from the proposed changes
to the MOU with POA is estimated at $136,784 for fiscal year 2005 and $273,568
ongoing; and
WHEREAS, the proposal was presented to the POA membership and
approved by a vote of the membership.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Chula Vista amend the Memorandum of Understanding with the Chula Vista Police
Officer's Association, and appropriate funds therefore.
Presented by Approved as to form by
'k~~-4~
Marcia Raskin Ann Moore
Director of Human Resources City Attorney
J:\Attomey\RESO\MOU\Amd POA MOU 2004
8-15
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MEMORANDUM OF
UNDERSTANDING WITH THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS LOCAL 2180 AND
APPROPRIATING FUNDS THEREFORE.
WHEREAS, health care premium costs have increased significantly.
Between January 2001 and January 2004 Kaiser rates increased 23%, and PacifiCare
rates increased 43%; and
WHEREAS, higher premiums are anticipated in the coming year.
Beginning January 1, 2005, PacifiCare and Kaiser premiums will increase an additional
10% and 20% respectively; and
WHEREAS, the premiums have risen to a point where nearly all members
experience significant out of pocket expenses in order to pay for their health coverage;
and
WHEREAS, IAFF Local 2180 members are facing issues and concerns in
regards to rising health care premiums; and
WHEREAS, the board was receptive to the proposed changes and staff is
recommending that the MOU with IAFF Local 2180 also be amended; and
WHEREAS, the proposed MOU amendment would replace the existing
tiered cafeteria plan with an employer paid plan whereby the health and dental premiums
of an employee and their eligible dependents are simply covered by the City; and
WHEREAS, the main benefit of this type of plan is that the uncertainty
surrounding future health and dental care costs is removed for the employee, thus
protecting annual cost of living salary adjustments from run away premium expenses; and
WHEREAS, staff believes that switching to an employer paid plan will
significantly improve morale, aid in the retention of more experienced staff, and enable
the City to recruit more effectively in an increasingly competitive labor market; and
WHEREAS, the general fund impact resulting from the proposed changes
to the MOU with IAFF is estimated at $57,594 for fiscal year 2005 and $115,187 ongoing.
WHEREAS, the proposal was presented to the IAFF membership and
approved by a vote of the membership.
8-16
--------._.---- ----.._---~~-_._~_._---
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Chula Vista amend the Memorandum of Understanding with the International Association
of Fire Fighters Local 2180, and appropriate funds therefore.
Presented by Approved as to form by
~ tcr,,\\ ~~ f~() li
Marcia Raskin ,
Ann Moore
Director of Human Resources City Attorney
J:\Attomey\RESO\MOU\Amd IAFF MQU 2004
8-17
COUNCIL AGENDA STATEMENT
Item: 9
Meeting Date: 10/05/2004
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 2005 MANAGEMENT
AND INFORMATION SERVICES DEPARTMENT BUDGET
BY DELETING ONE INFORMATION SYSTEMS
TECHNICIAN AND ONE DATA ENTRY OPERATOR II
POSITION AND ADDING ONE GIS SPECIALIST POSITION
AND TRANSFERRING THE $31,256, OF PERSONNEL
SERVICES SAVINGS TO THE DEPARTMENT'S SUPPLY
AND SERVICE BUDGET TO INCREASE FUNDING FOR
ADDITIONAL AUTOMATION APPLICATIONS AND
LICENSES TO ADDRESS GROWTH AND ENHANCE
EFFECTIVENESS
SUBMITTED BY: Director of Management & Information service4)
I í
REVIEWED BY: 'J'/ V (4/5ths Vote: Yes X No->
City Manager ;19\
In order to more efficiently meet the ever-increasing automation needs of the
City, Management and Information Services (MIS) staff has been working toward
a more efficient method of handling daily data entry into numerous automated
systems. MIS staff has made sufficient modifications to existing systems to
significantly reduce the amount of central data entry that is needed. These
changes combined with staffing changes that resulted in two clerical vacancies in
the department, offered an outstanding opportunity to adjust the budget, without
makina additional appropriations, to meet more robust automation needs,
especially in enhancing Geographic Information System (GIS) applications and
addressing the need for increased licensing. Staff is recommending eliminating
the two vacant clerical positions related to data entry and adding one GIS
Specialist position to assist with the support of an increased demand for GIS
services. Staff is also recommending transferring $31,256 of personnel services
savings to supply and services to offset ever-increasing costs for growth related
to additional applications and licenses.
RECOMMENDATION
9-1
- 'm__________________..
That the City Council amend the FY 2005 Management and Information Services
budget, deleting one Information Systems Technician position and one Data
Entry Operator II position and adding one GIS Specialist position and transferring
$31,256 in personnel services. savings from these changes to supplies and
services budget to offset increased application and licensing costs.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION
Automation of Previouslv-Manual Data Entry Workload
For many years MIS has maintained staff to handle the entry of data into various
systems including parking citations, animal licenses, project accounting, payroll
etc. For the past few year the MIS programming staff has been making
modifications to various systems which allow the data entry of information to be
done at the user level, thereby eliminating paperwork at the user level and data
entry on the back end. This has served to decrease the data entry workload
sufficiently that the level of data entry services being provided was no longer
needed.
About 18 months ago the Information Systems Technician retired from the City
leaving an open position and one filled Data Entry Operator II. MIS handled the
workload with the one permanent employee and a temporary employee. In the
past 2 months, the Data Entry Operator was transferred to another department,
leaving MIS with 2 vacant data-entry positions. Due to the programming
changes that had been made over time, the remaining data entry workload was
easily transferred to user departments making the vacant positions obsolete.
Need to Enhance Geoaraphic Information Svstem (GIS) Lavers
Ever since its inception about 10 years ago, the GIS division has steadily grown
and continues to provide valuable mapping and other services to virtually all
departments in the City. The list of projects continues to grow, such that it is
necessary to request the addition of another staff person to assist with the
valuable support that GIS provides to the departments and ultimately the public.
A sample of GIS projects that are pending and will receive attention when the
new GIS Specialist is hired are:
. Linking the new Work Management System to the GIS data base - in
order to accurately monitor work on city assets. There are a number of
GIS layers that need to be created or updated in order to associate work
orders with an asset. These include storm water, sewer, pavement layer,
signals, etc.
9-2
· Updating and identifying the areas west of 1-805 that require curb,
gutter, ramps, or sidewalks. The curb and sidewalk layers were created
as part of the 1994 Ortho-photo project. In order to identify where
deficiencies exist, these layers need to be updated either by reviewing
improvement documents, field investigation, or both.
· Determining if it is cost-effective to develop a citywide Easement
Layer. We are currently undertaking a pilot study on this.
· Improve the parcel layer. Although new parcels are added to GIS on a
regular basis, we have a significant number of misaligned parcel
boundaries. With the additional position, staff will have time to go back
and correct the historically inaccurate ones.
· Create and maintain Park Maintenance Layers in identifying location
of parking lots, gazebos, water fountains, water valves and other
features found in each City Park. These layers would be valuable to
Park staff identify where emergency shut-off systems are and to create
simple maps for the general public.
· Quality Control for a Traffic Sign/Signallnventory layer - Operations
staff identified Sign and Signal locations as part of a GPS data-gathering
project. An Arcpad project has been created for field verification and will
be implemented with the addition of the GIS Specialist position.
· New Traffic Striping Inventory layer (or database) to identify striping
throughout the city.
· New City Buildings Layer to identify city owned buildings. This layer
will be invaluable in completing the development of a comprehensive
building maintenance program for the City.
· Quality Control of New Imagery. A new GIS Specialist can assist in the
quality control of the new imagery.
· Maintain improved address database. The City's master address
database has not been field verified in many years. Major areas of
concern are the mobile home parks and apartments - both long overdue
for field verification. In addition to conducting fieldwork, a new Specialist
can assist in developing a more robust address matching application that
is primarily parcel rather than street based, thereby reducing future
workload. This will also coordinate with Permits Plus database.
9-3
____ _."_'..__'_.'_'.__.m__ _ m_·..__._._..·....._..·.__·_.· ._____~__~~_~_._._~_..
. Emergency Operations Center (EOC) support: A number of new layers
need improvement in support of the City's EOC. Some of these layers are
from the State but do not reflect accurate conditions in Chula Vista.
Improvements to these layers (based on field surveyor from review of
information in other layers) can mean an improved response in case of an
emergency whether it is a fire, a terrorist attack or earthquake.
. Business License Mapping to Support Environmental programs.
Provide improved support to assist in determining which types of
businesses are located along which sewer and storm drain lines. This will
help in tracing illegal dumping into sewer and storm drain systems.
FISCAL IMPACT
Approval of this agenda statement will result in a net decrease of one position in
the Management and Information Services Department, saving $31,256 for the
remaining nine months of FY'05 and saving $43,759 ongoing annually, as shown
below. These savings will be utilized to help address the ever-increasing need
for additional applications and licensing.
Ongoing Annual Fiscal
Position Chan es 1m act
Data Entr 0 erator I) savin s $ $
Information S s Tech savin s $ $
GIS S ecialist cost $ 54,640 $ 76,496
lies/Services $ $
9-4
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2005
MANAGEMENT AND INFORMATION SERVICES
DEPARTMENT BUDGET BY DELETING ONE INFORMATION
SYSTEMS TECHNICIAN AND ONE DATA ENTRY
OPERATOR II POSITION AND ADDING ONE GIS SPECIALIST
POSITION AND TRANSFERRING THE $31,256, OF
PERSONNEL SERVICES SAVINGS TO THE DEPARTMENT'S
SUPPLY AND SERVICE BUDGET TO INCREASE FUNDING
FOR ADDITONAL AUTOMATION APPLICATIONS AND
LICENSES TO ADDRESS GROWTH AND ENHANCE
EFFECTNENESS
WHEREAS, MIS staff has made sufficient modifications to existing systems to
significantly reduce the amount of central data entry that is needed; and
WHEREAS, these changes combines with staffing changes that resulted in two
clerical vacancies in the department, offered an outstanding opportunity to adjust the budget,
without making additional appropriations, to meet the more robust automation needs, especially
enhancing Geographic Information System (GIS) applications and addressing the need for
increased licensing; and
WHEREAS, the past few years the MIS programming staff has been making
modifications to various systems which allow the data entry of information to be done at the user
level, thereby eliminating paperwork at the user level and data entry on the back end; and
WHEREAS, due to programming changes that had been made over time, the
remaining data entry workload was easily transferred to user departments making the vacant
positions obsolete; and
WHEREAS, since its inception about 10 years ago, the GIS division has steadily
grown and continues to provide valuable mapping and other services to virtually all departments
in the City; and
WHEREAS, the list of projects continue to grow, it is necessary to request the
addition of another staff person to assist with the valuable support that GIS provides to the
departments and ultimately the public; and
WHEREAS, staff is also recommending transferring $31,256 of personnel
services savings to supply and services to offset ever-increasing costs for growth related to
additional applications and licenses; and
1
9-5
- -- - ~_._-----_..._._---------------
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby amend the FY2005 Management and Information Services budget,
deleting one Information Systems Technician position and one Data Entry Operator II position and
adding one GIS Specialist position and transferring $31,256 in personnel services savings from
these changes to supplies and services budget to offset increased application and licensing costs.
Presented by Approved as to form by
~~\\\1~
Louie Vignapiano Ann Moore
Director of Management & Information Services City Attorney
J:\attomey\reso\Classification\Amending MIS Budget 05
2
9-6
COUNCIL AGENDA STATEMENT
Item: 10
Meeting Date: 10/5/04
ITEM TITLE: PUBLIC HEARING: TO NOTICE ACCEPTANCE AND
APPROPRIATION OF LOCAL LAW ENFORCEMENT
BLOCK GRANT FUNDS.
RESOLUTION ACCEPTING $65,624 FROM
THE 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT,
AMENDING THE FY 2004/2005 POLICE BUDGET, AND
APPROPRIATING $65,624 FOR OFFICER SAFETY
EQUIPMENT.
SUBMITTED BY: Chief of Po~ ~t!
REVIEWED BY: City Manager~f \71" (4/5ths Vote: YesLNo _)
The Police Department has recently received notice of a Local Law Enforcement
Block Grant (LLEBG) award in the amount of $65,624 from the Bureau of Justice
Assistance (BJA). These funds were allocated to the Police Department based
on a three-year average of Part I Violent Crimes. Part I Violent Crimes include
murder and non-negligent manslaughters, forcible rape, robbery, and aggravated
assaults as reported by the FBI. Acceptance and appropriation of these funds
requires a public hearing per stipulations of the Local Law Enforcement Block
Grant.
RECOMMENDATION: That Council conduct the public hearing and adopt the
resolution accepting $65,624 from the 2004 Local Law Enforcement Block Grant
and appropriating $65,624 to the FY 2004/2005 capital budget of the Police
Department for officer safety equipment.
BOARDS/COMMISSIONS RECOMMENDATION:
The Local Law Enforcement Block Grant requires a local advisory board approval
of the use of funds prior to disbursement. A local advisory board consisting of
the specific composition required by the grant was set up to review the grant
application. The County Criminal Justice Council acted as the review body
during its September 16, 2004 board meeting. The local advisory board
recommends approval of the Local Law Enforcement Block Grant disbursements
as proposed. Voting members in attendance were:
10-1
. --_.__...,,-,,-_._._..,_.~_._-~----_._-_._-
Page 2,ltem: IV
Meeting Date: 10/5/04
Paula Robinson, Asst. Sheriff
Denise McGuire, Chief Deputy District Attorney
Judge Jeffery Fraser, South Bay Superior Court
Harold Tuck, County Chief Admin. Officer for Public Safety
Vincent laria, Chief Probation Officer
Bill Maheu, Asst. Chief San Diego Police Department
Steve Carroll, Public Defender
Tim Chandler, Public Defender
William Apan, Chairperson Juvenile Justice Commission
Steve Zolezzi, San Diego Crime Commission
Jan Lane, Victims Group Coalition
BACKGROUND:
The Fiscal Year 1997 Appropriation Act Public Law 104-208 provides for funding
under the Local Law Enforcement Block Grant program, established within the
Bureau of Justice Assistance (BJA), to local law enforcement agencies. The City
of Chula Vista is eligible to receive an award of $65,624 under this program.
Funding may be used in seven purpose areas, which address a wide variety of
activities from increasing personnel and equipment resources for law
enforcement to developing and supporting programs to enhance effective
criminal justice processes. The program's goal is to provide local jurisdictions
with opportunities to reduce crime and improve public safety through the
implementation of diverse strategy, hiring of additional local law enforcement
officers, payment of overtime, procurement of equipment and support of drug
courts.
GRANT REQUIREMENTS:
The $65,624 grant allocation has a local match requirement of $7,292. The one-
time local match requirement will be met with State COPS 2004 Program
funding. The LLEBG funds must supplement and not supplant the existing Police
budget. The funds must be used to reduce crime and improve public safety
through activities such as hiring of new officers and support staff as well as
procuring equipment, and technological advances directly associated with local
law enforcement.
DISCUSSION:
The Police Department and advisory board recommend use of the funds for the
purchase of police-related equipment. Because the 2004 LLEBG funding has
significantly decreased compared to previous years ($157,372 in 2003 and
$212,310 in 2002), it is anticipated that all LLEBG 2004 funds will be expended
on one-time purchases during the current fiscal year. Staff recommends using all
$65,624 of the funds for the purchase of non-lethal taser equipment and ballistic
body armor.
10-2
Page 3,ltem: fD
Meeting Date: 1 0/5/04
FISCAL IMPACT:
Approval of this resolution will result in the appropriation of $65,624 to the capital
budget of the Police Department. The funding from the 2004 Local Law
Enforcement Block Grant will completely offset these costs, resulting in no net
impact to the General Fund.
10-3
. - --,,----.-----.------- --- -...-.-.--..-.--..' ---.._._~----_._-----_.._.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $65,624 FROM THE 2004 LOCAL LAW
ENFORCEMENT BLOCK GRANT, AMENDING THE FY
2004/2005 POLICE BUDGET, AND APPROPRIATING $65,624
FOR OFFICER SAFETY EQUIPMENT.
WHEREAS, the Fiscal Year 2003/2004 Federal budget appropriates
$65,624 to the City of Chula Vista Police Department from the Local Law
Enforcement Block Grant fund; and
WHEREAS, these funds were appropriated based on a three-year
average Part I violent crimes for purposes stipulated by the Local Law
Enforcement Block Grant program; and
WHEREAS, the City Council held a public hearing on October 5, 2004, to
notice use of the LLEBG funding in the amount of $65,624 for police equipment;
and
WHEREAS, the Fiscal Year 2004/2005 Police budget will be amended to
add $65,624 for equipment; and
WHEREAS, the $7,292 local cash match requirement will be met from the
State COPS 2004 grant; and
WHEREAS, if savings result from the competitive procurement process,
the Chief of Police will be authorized to utilize savings for additional unspecified
officer safety equipment and supplies.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept $65,624 for local law enforcement from the
Bureau of Justice Local Law Enforcement Grant program.
Presented by: Approved as to form by:
Richard P. Emerson
Police Chief
10-4
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COUNCIL AGENDA STATEMENT
Item: 1\
Meeting Date: 10/05/04
ITEM TITLE: Public Hearing to consider adoption of a resolution amending
Chapters I (Records, Documents, Research and Processing
Fees), IV (Business Fees), XI (Engineering), and XII
(Engineering - Sewer) of the City's Master Fee Schedule.
Resolution amending Chapters I (Records,
Documents, Research and Processing Fees), IV (Business
Fees), XI (Engineering), and XII (Engineering - Sewer) of the
City's Master Fee Schedule
SUBMITTED BY: Director of General Services à~
City Engineer ~ W
Director of PUbli: Work
REVIEWED BY: City Manager~r Q'ì' (4/5ths Vote: Yes -1L No_)
The Engineering Division and Public Works Operations Department recently completed
a comprehensive review of their elements of the Master Fee Schedule. The fee
updates recommended herein will ensure that these permit costs continue to be borne
solely by those who enjoy their benefit, while allowing the City to fully recoup the cost of
providing the associated services. Staff also recommends several textual changes to
clarify and standardize the deposit based permits' hourly reimbursement language.
RECOMMENDATION: Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Many of the Engineering Division's plan and permit processing fees are currently based
upon an hourly reimbursement of staff time at full cost recovery. This is the most
equitable means of recouping these expenses, ensuring that costs are spread directly to
those who benefit from the work. However, there are several permits processed by the
City more appropriately charged through a flat fee. The majority of the fees collected for
services provided by the Public Works Operations Department, such striping
installation, fall within this category. The suitability of a flat fee is a function of two facts:
the staff effort in processing these fees does not vary enough to warrant disparate fees
and using flat fees instead of charging on an hourly basis reduces record keeping costs,
resulting in lower fees overall. The majority of the recommendations included in this
report relate to these flat fee permits. In updating these flat fees, staff attempted to as
closely match actual staff costs as possible. The City's extensive history of project
specific staff time reporting provided the foundation for the proposed fee changes.
11-1
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II
Page 2, Item: _
Meeting Date: 10/05/04
Update Methodoloav:
The initial step in analyzing the cost of providing engineering related services was to
compile historic data and compute standard processing times and direct staff costs for
each permit or project type. The data used in this portion of the analysis covers staff
time charged through the City's project accounting system from July 1 s , 1999 thru May
31st, 2004. Any anomalous projects (significantly higher than average staff costs) were
excluded from the analysis, thereby eliminating any potential data skewing. Next, direct
staff costs were multiplied by the City's full cost recovery rates to ensure that both direct
and indirect costs are recovered. Indirect costs include departmental management,
clerical support, information services, personnel, and payroll. For work done by the
Public Works Operations Department, additional supply costs associated with the
particular fee item (paint, signs, etc.) are included in the overhead calculation. Using
this approach, staff calculated the average processing cost for each permit and plan
type. In no instance do the fees proposed herein excel':d the estimated reasonable cost
to the City for providing the associated services.
All modifications to the Master Fee Schedule recommended by staff are summarized in
Attachments A, Band C and detailed in Attachments, E, F, G, and H.
Other Modifications:
In preparing this analysis, staff looked not only at the amount of staff time expended on
processing these permits, but also the applicability of the permit fees themselves. At
this time, staff feels it is appropriate to eliminate the fees currently charged for
processing Public Improvement Deferrals, both residential and commercial. In all
instances, the application to defer the installation of Public Improvements is a function
of a building permit. The staff time expended in processing the deferral is aggregately
captured in the Engineering staff time component of the building permit fees collected
by the City. At this time, staff feels an additional fee for the processing of this deferral is
redundant and should be eliminated.
Staff also proposes the elimination of the Flood Zone Determination Fee. This is a fee
charged for determining whether or not a particular parcel lies within a flood zone. With
recent improvements to the City's Geographic Imaging System, such a determination is
no longer a time consuming activity. Whether processed over the phone, or in person,
the collection of a permit fee would consume more staff time than the actual zone
determination. Staff recommends the removal of this fee from the Master Fee
Schedule.
In regards to the tree-planting fee, staff proposes not to increase the fee and have it
remain at $50.00 to be used as an incentive for property owners to plant trees. The
actual tree-planting cost including biobarrier installation is approximately $680.00.
Biobarrier is installed, primarily, when planting new trees (except for fan palms) to
prevent roots from growing under the sidewalks, thus eliminating the need to continually
root-prune trees or replace sidewalk due to lifting. Staff believes that increasing this fee
above $50.00 may discourage residents from requesting to have trees planted.
Traditionally, staff has not attempted to recover City costs related to tree-planting as a
11-2
Page 3, Item: -1L
Meeting Date: 10/05/04
Council policy.
In addition, staff also recommends the following new fees for services currently offered
by the City but not addressed in the Master Fee Schedule. These fees include new
products not available during the last schedule update, such as the installation of
thermoplastic for striping in place of paint, and are detailed in the table below.
Description Proposed
Fee
Line Removal,perfoot (paint) it 3.80
Crosswalk Installation, per foot (Thermoplastic). [$ 3.88
. urn Pocket Installation, per foot (Therm9pla,stic) : $ w .. 3.74
LineStri¡:>! per foot(Therrn9pla,~1ic) '$ 3.61
LegencjWords, each word(Therrnopla~tic) . ..... .,$ 250.00
~egel1dPa,\IE!rnE!nt Arr()IJVLeé ch.ŒhE!rrTl0plastic:l [1.. 126.0
el-S ar 1.75" Perforated S uare Tubin , er footl $ 2.95
In addition to updating the fees in these chapters of the Master Fee Schedule, staff also
recommends making several editorial and textual changes to the document. The
recommended changes will streamline, clarify, and standardize all deposit-based fees in
the Schedule, such as Final Map processing, Grading plan review, and Construction
Permits with a construction value equal to or greater than $10,000.
Reaional ComDarison:
For the majority of the permits, the proposed fees are consistent with those charged by
other San Diego County jurisdictions. Attachment D lists a sampling of current permits,
and compares the fees charged under the current and proposed schedules with those
of other jurisdictions within San Diego County. Not all fees included in this update are
compared in this table, as there are several permits issued by the City for which there is
no equivalent permit issued in other jurisdictions.
One such permit with a significant increase proposed is the major encroachment permit.
Staff proposes the fee be updated from $250.00 to $850.00. These permits are issued
for encroachments into the City right-of-way requiring City Council approval. Common
uses include monitoring wells and retaining walls over five feet in height. Processing of
these permits requires a significant amount of staff time to review the proposed
encroachment and prepare a staff report. In this instance, comparison with surrounding
jurisdictions is not applicable, as other jurisdictions do not require council action on such
encroachments.
11-3
-- -- _...,~..,._-_......_...,,-_...,,- ,,- ._---,_._----~~.._._----------_._.,-----
Page 4, Item: L
Meeting Date: 10/05/04
Annual Update:
To ensure resource levels will always be sufficient to complete services which have
been paid for in a timely manner, and to ensure that fees are maintained at an equitable
level, staff recommends that fees for engineering related services be reviewed and
updated annually based on the current Council adopted salary structure and/or any
changes to the full cost recovery rates.
Impact of Proposed ChanQes on Fee Payers:
The most significantly impacted group of users will be those requiring utility permits.
Utility permits are issued for work done within the City's right-of-way. Common uses of
such a permit include installing new cabling or repairing existing pipes and often involve
trenching and/or patching in the right-of-way. Currently, the City processes
approximately 1,775 of these permits annually. Proper permit review and inspection is
critical to protect the safety of the citizenry as well as the integrity of the City's public
improvements. Utility permit prices elsewhere in the County range from $160.00 to
$1,008.00, placing the proposed increase from $125.00 to $300.00 at the low end of the
range.
Another impacted group of users are developers installing signs in new subdivisions.
These developers are given the option of installing signs themselves (in conformance
with City Standards) or having the Public Works Operations Department install the
signs. On average, this department installs approximately 1,100 regulatory and street
name signs annually.
Fiscal Impact:
The fees recommended in this report are designed to recover the full cost of providing
all Engineering permit, inspection, and plan checking services. Staff anticipates the fee
increases will annually generate between $300,000 and $400,000 in revenues. This
amount is approximate, because the actual annual impact on the City's General Fund is
dependent upon future permit activity, which is highly contingent upon unpredictable
demand. The actual annual increase in revenue may be higher or lower depending
upon the actual annual permit volume realized in future years.
Attachments:
A. Engineering Fee Update Summary
B. Inspection Fee Schedule Comparison
C. Public Works Fee Update Summary
D. Local Jurisdiction Fee Comparison
Proposed Amendments to Master Fee Schedule
, E. Chapter II - Records, Documents, Research and Processing Fees
F. Chapter IV - Business Fees
G. Chapter XI - Engineering
H. Chapter XII - Engineering - Sewer
J:\EngineeMGENDA\Master Fee Schedule A113.doc
11-4
..
Attachment A
Master Fee Schedule Update
FY 04/05
Engineering Fee Update Summary
Improvement D~f~rral,.Residential
Improvement Deferral, Commercial (335.00)
I mprovernent Deferral, _Ext.e.n.s~_n..~ilin.~._~ee j30:0(j)
Bounda2:Adjustrnent Plats 630.00
Consolidation Plats 590.00
Construction Perm.it (Plan Review ft Admin) __ 168.00
Construction Permit (Inspection) See Attach B
Utility Permit S 175.00
Driveways, Excessive Width 192.00
Encroachment Permits~ Minor 170.00
Encroachment Permits, Major S 600.00
Encroachment Permi!~~ Inspection. .._ See Attach B
--,
Encroachment Permits, TemPorary S 20.00
Curb Loading Zone S 88.00
Transportation Permit, Single Trip 1.00
Transportation Permit, Multiple Trip S 5.00
Traffic Control, 1 st Sheet S 125.00
~^~·.~·^wm .
Traffic Control,.~dditional Sheets _ _...__.._iSj25,OQ1
Flood Zone Determination, Phone ' S 5.00)
Flood Zone Determination, Mailed ß.____ (25.00)
Sewer Connection, Administration i S 15.00
11-5
- .____.__.._____..._____._ - "__-"0
Attachment B
Master Fee Schedule Update
FY 04/05
Current Inspection Fee Schedule
Estimated Private Plan I. Special
C t t· C R . nspectlons I ..
ons rue 10n ost eVlew nvestlgatlon
$0-104 $361 $181 $3
a, ,_··..A. ''''''1'' -"',y-,,, "n'. ,_._"-,"'_.,, ',:-'"''''
1 05-1441 36í 22! 3
145·194í 361 29' 4
. . ,
195-254í 36í 40í 5
255-3291 36¡_~Qt_ 6
330~~191 36L ________~8L__ .....__.____.~
~~ ~ ~ 9
. ·_~:53Q~6~9r· _ _._ . ._:j4C·m::-_.....j"QBt::_LLL-L..lQ.-
660-8091 5411_33L 12
810-989' 541 1621 13
990-1,2091 541-1801 15
..... í ' 1_____ --
1,210-1,479[ 54[ 198[ 16
1,480-1,819: 72! 220[ 18
, .. "'".-'.... ¡
1,820-2,2591 72 2411 201
..M, ----I .. -!
2,260-2,699í 72r 263í 21
.,-.- ..-.--.-.--------~..~--... -····r i
m_2.,.700-3,_1391 __ 72r 2811 23
3,140-3,579: 72r 299[ 24
580-4,059[ 721 .__13)7L 26
4,060-4,579' 90 331: 27
4,580-5,139í 90 353! 29
5,140-5,739 90· 374 31
5,740-6,339 901 396. 33
, I ..
6,340-6,979! 108! ____ j18[ 34
6,980-7,6591 108: 439: 36
.. """ "'0- '0__ .. ___.~ ______._..._j_._ ._--, , .. -- ---t---.
7,660-8,3791 1081 .461] 38
8,380-9,1191 1261 482[ 40
.._ .__._._.._.._.___.___._¡____.__._~_.._________ .. ______..___d"._..__~__"'",.~ w··_·.,··~,_.____m_m_·____~___,_____.~._""_.w...·~·
9,120-10,000í 1261 504[ 42
Proposed Inspection Fee Schedule
E· d I Inspection Fee (%
stlmate .
. of EstImated
ConstructIOn Cost I C . C )
onstructlOn ost
. $0~1,~99i . 10%
2,000-4,9991 8%
5,600:9;999L 6%
11-6
.. --.-.-- ...- .. ..-..~~_..__.-------..._._---~~-_._.__._-_._--_._---_.~-----.. -------,~,.
Attachment C
Master Fee Schedule Update
FY 04/05
Public Works Fee Update Summary
Double Yellow Centerline, per foot 0.19 $ 0.32 $ 0.13
Single Solid Line, per foot 0.16 $ 0.29 $ 0.13
Skip Line Striping, per foot 0.15 $ 0.27 $ 0.12
Line Removal, per foot $ 3.80 $ 3.80
Pavement Arrow New 126.00 126.00
Per Word $ 41.50 126.00 84.50
Per Limit Line $ 14.17 126.00 111.83
Per Crosswalk $ 28.34 126.00 97.66
L
Red, per foot New $ 3.93 $ 3.93
Yellow, per foot New $ 3.88 $ 3.88
White, per foot New $ 3.88 $ 3.88
Green, per foot New $ 3.90 $ 3.90
Blue, per foot New $ 3.88 $ 3.88
New, per lineal foot $ 1.30 Eliminated ($1.30)
Repainting, per lineal foot $ 0.66 Eliminated ($0.66)
Stalls, per Line $ 5.03 $ 8.00. $ 2.97
Stalls, Complete $ 10.06 Eliminated ($10.06)
Parking T's $ 4.70 $ 10.00 $ 5.30
Parking Meter Pole, Installed $ 61.38 $ 200.00 $ 138.62
Existing Parking Meter Pole, Removed $ 30.00 $ 60.00 $ 30.00
Signs Only
12" $ 4.00 Eliminated ($4.00)
18" $ 7.00 $ 19.50 $12.50
24" $ 19.00 $ 23.70 $4.70
30" $ 30.00 $ 52.80 $22.80
36" $ 42.00 S 73.00 S 31.00
48" S 75.00 S 104.00 $ 29.00
11-7
-- .-_. --_.._.._~._-- " _..__.,._-,-~-~-_._-
Attachment C
Master Fee Schedule Update
FY 04/05
Public Works Fee Update Summary
$ Increase I
Work Order Type Current Fee Proposed Fee Decrease
Signs, Installed
12" $ 35.00 Eliminated ($35.00)
18" $ 38.00 $ 130.00 $ 92.00
24" $ 50.00 $ 134.00 $ 84.00
30" $ 61.00 $ 163.00 $ 102.00
36" $ 73.00 $ 183.00 $ 110.00
48" $ 106.00 $ 214.00 $ 108.00
4" Diameter Lateral Installation 3,015.00 $ 6,990.00 $ 3,975.00
Excessive Length Additional Charge, per foot 86.00 $ 174.73 $ 88.73
6" Diameter Lateral, Additional Charge, per foot 3.80 $ 3.37 $ (0.43)
Connection to Trunk Sewer> 10" in Diameter 36.00 $ 126.00 $ 90.00
4" Diameter Lateral Tap-In 317.00 $ 528.00 $ 211.00
6" Diameter Lateral Tap-In 339.00 $ 607.00 $ 268.00
Excessive Depth Connection Additional Charge 1,251.00 $ 1 ,350.00 $ 99.00
11-8
.
Attachment D
Master Fee Schedule Update
FY 04/05
Local Jurisdiction Fee Comparison
Permit Type San Diego Encinitas La Mesa Carlsbad Chula Vista Chula Vista
Current Proposed
Boundary Adjustment
Plats $2,000 Deposit $ 380.00 $ 965.00 $ 970.00 $ 420.00 $ 1,050.00
Consolidation Plats $2,000 Deposit $ 340.00 $ 965.00 $ 790.00 $ 360.00 $ 950.00
Construction Permit $ 1,008.00 $ 250.00 $ 280.00 $ 265.00 $ 82.00 $ 250.00
Utility Permit $ 1,008.00 $ 160.00 $ 280.00 $ 560.00 $ 125.00 $ 300.00
Driveways, Excessive
Width $ 2,000.00 $ 420.00 $ 1,205.00 $ 570.00 $ 58.00 $ 250.00
Encroachment
Permits, Minor $ 75.00 $ 150.00 $ 280.00 $ 255.00 $ 105.00 $ 275.00
Traffic Control $ 276.00 nfa $70 f location nfa $ 50.00 $ 175.00
11-9
,...~--------~-~---------_.._---_.- ---"-.-----..-...,-. _.__.._---------~_._-
ATTACHMENT E
CHAPTER II
Records. Documents. Research and Processine: Fees
A. ENGINEERING
1. Records and Documents
The City Engineer is authorized to furnish any person applying therefor
any of the following documents, papers, drawings or official records of the
Engineering Department upon payment of the fees herein established:
a. Bid Documents
$6.00 per complete plan and specification; plus $1.00 per plan
sheet in excess of five sheets; provided, however, that any primary
contractor purchasing one set of plans shall be given up to two
additional copies without additional charge and for payment of two
sets of plans and specifications, the contractor may receive up to
six copies of bid documents; a postage and handling costs, with a
minimum charge of $3.00, will be collected for plan sets mailed at
request ofthe Contractor.
b. Design and Construction Standard§.-.............................. $5.00 each I
c. Maps and Drawings
Various master street and sewer maps, annexation plats,
legal descriptions, scanned documents. aerial topoe:raphv sheets,
and miscellaneous drawings: $; .65 13er sq1:lare feet, y:itø a
miBimum fee of............................................................. $4.00/sheet.
2) Digital scaBBed docHmeBt (TIFF) files $10 IJeF slleet.
à...\erial TØ¡:10 Skeets
$9.00 IJer slleet, IJlHS $1.9g per additioaal copy sf same saeet
e.Title SlIeets
I) Þ¡fylar title saeet BlaRI;. $4 .gO per slIeet
2) Mylar title saeet prsfile $5.90 per slleet
3) Vellllm title slleet blaBk $1.59 per slleet
4) vanum. title SHeet flfefile $1.50 per slleet
?d. Subdivision Manual....................................................-$25.00 each I
11-10
_._-_._.._-_.._~--_.,_.- ---~_.._----_._-,--~----~._------ ,..-
~. Annual Traffic Flow -..................................................... $3.00 each I
Ir.f. Resale of Publications from other government agencies at City's I
cost.
11-11
CHAPTER IV ATTACHMENTF
Business Fees
C.ENCINEERINC
b
~Carh Laading :lane Permit Fee
GA '
...pp leants far a eurh laad'
f" mg zaae peFm't II I
¡;~~:E"~i:::'E: ~i£'::~:E ~:~ =.= ;':.
sam af $JQ sllalI he ellargeà ta ~~e :;e~9Ye an eJåsting parldag met::~~:e
p leaat. '
1 1 12
---
-
CHAPTER XI ATTACHMENT G
Enl!:ineerinl!:
A. DEFE~LS/WAIVERS
1. Deferral of Public Improvements
a.$250 filing fees for single faffiily residential
8.$335 filing fees for Fl!Ulti family residential, coæffiereial, and industrial
0.$30 filing fee f-er eJttensi0n of a deferral
$200 a¡3¡¡eal f-eeAppeal fee................................................................$200.00
-h2. Deferral of Underground Utilities
The fee shall be a deposit to cover the city's full cost including overhead
in review and processing of the deferral request. I
3. Waiver of Public Improvements
a.THe filiRg fee sHall be a de '!osit 10 ¡)Oyer tBe eity's full eest inclHding
overhead iI1c1:lrrød in eeRjaaetiea \T/Îtk r6viev.' af1à proeessing of
the waiver.
a. An initial deposit of $1 ,000 shall be collected to cover Citv' s full
cost, includin2: overhead, incurred in coni unction with review and
processin2: of waiver. Additional funds may be collected. as
required. bv the Citv En2:ineer to cover Citv costs. Should the
waiver be withdrawn at anv time, the deposit shall be adiusted to
cover the Citv's actual costs includin2: overhead UP to that time.
Anv funds remainin2: on deposit at the time of the completion or
withdrawal of the waiver shall be returned to the depositor, after
accountin2: for expenses incurred to date.
b.$200 af! '!eal fee.
b. Appeal fee.......... ................................... ..... ................ ......... ..$200.00
B. PLAN REVIEW
1. Adjustment Plat Examination Fee
a.$500 per plat resHltiag iR adjblstmeRt BT eeaseliàatieR sf \if' te t~.\'0 lets
aRE! a single '!rø¡¡erty line.
8.$1200 ¡¡er ¡¡lat resulting iR eSl!ssliàatiÐI! sf IHFee sr ffisre IH¡fGels or two
aT mere 13fe:fH~rty HIles.
a. Plat resultin2: in adiustment of propertv lines ....................$1,050.00
b. Plat resultin2: in consolidation of two or more parcels .........$950.00
Master Fee Schedule Page 1
Part II - Development
Chapter XI - Engineering 11-13
----- --- ----~--_._".._-,-,-_.~-~-~-
I
c. The adjustment plat fee and consolidation fee shall include a
certificate of compliance, if needed, at no additional cost.
2. Certificate of Compliance
$200 filiag f-eeFiling fee....................................................................$200.00 I
3. Tentative (Preliminarv) Parcel Map
Prior to the submission of a tentative parcel map to the citv Engineer for
processing, the property owner shall submit an initial deposit, as detailed
in the Subdivision ManuaL to cover the Citv's full cost including
overhead. Additional funds may be collected, as required, bv the City
Engineer to cover Citv costs. Should the map be withdrawn at any time
the deposit shall be adiusted to cover the Citv's actual costs including
overhead UP to that time. Anv funds remaining on deposit at the time of
withdrawal of the map shall be returned to the depositor. Said deposit
shall not include checking of any required improvement plans or
ins?ection of improvements.
4. Final Map and Improvement Plan Fee
Prior to the submission of a final map and improvement plans or any
portion thereof to the Planning Department and/or the City Engineer fòr
processing, the property owner or subdivider shall submit a deposit, as
detailed in the City ofChula Vista, Enl!ineerinl! Devartment, Land
Develovment Subdivision Manual (the "Subdivision Manual"), to cover
the City's full cost including overhead incurred in conjunction with review
and processing of said map and plans. Additional funds may be collected,
as required. bv the Citv Engineer to cover Citv costs. Should the map or
plans be withdrawn at anv time the deposit shall be adiusted to cover the
Citv's actual costs including overhead, UP to that time. Anv funds
remaining on deposit at the time of withdrawal of the map or plans shall
be returned to the depositor.AH)' reqllÌreà adj\JÐtmeHt shall ee made prier
te City CouH6il cOHsiàeratieR sf the fiaa! Map.
4,5. Final Map Recordation Fee
Upon the filing of the final map with the City Council. the propertv owner
or subdivider shall deposit with the Citv Clerk a sum sufficient to cover
the cost of recording the map.
Master Pee Schedule Page 2
Part II - Development
Chapter XI - Engineering
11-14
6. Public Works Construction Inspection
Following Council approval of the final map but prior to the recordation of
said map. the property owner or subdivider shall submit a deposit. as
detailed in the Subdivision Manual. to cover the Citv's full cost of
inspection, and administration during the construction phase of the proiect.
including plan revisions and any special investigations including soils and
geologv reviews and Citv consultants. Additional funds may be collected,
as required. by the Citv Engineer to cover the Citv's full cost, including
overhead prior to acceptance of improvements and/or release of bonds.
Upon acceptance of public improvements and/or release of bonds, anv
funds remaining on deposit will be refunded to the depositor.
U¡3on the filing of tRe final map with the City COIJRcil, the ¡3rsperty owner
or sHsEHviàer shall defJssit '.vita the City Clerk a SHm sHffieient ts eover
tile esst sf recorBing the map.
5 .Plaa Re'lie~.~: aad laspeetiea, EncroasaæeRt aREi COFlstn10tiofl Permits
S¡¡eeiaI
EslimateEl PFi·:ate Ia,'estigati8R
C8RstFHeti8R Piaft EneF88ekæeRt
(;<1St Re't'iew ()ÐIv-
w-w4 $Jé m $W
195111 ;!é ~ ;!é
115191 ;!é :w #
19:; 2:;1 ;!é 4G ~
~j3 329 ;!é W é9
339119 ;!é é& g.¡.
129 329 ;!é &4 W
:;39 §:;9 ~ .w¡; .w¡;
§§9 gQ9 ~ ~ ~
glÜ Çl29 ~ -\.é;! ~
99Q 1,2Q9 ~ ~ +W
1,219 1,179 ~ -1-9& ~
1,1291,g19 ~ ~ m
1,829 2,2:;9 ~ W ;¡¡:¡.¡.
2.2éQ 2,é99 ~ ~ 2+9
2,7903,139 ~ ;¡g..¡. ~
3, 1193,:;79 ~ ;!99 ;!49
3,529 1,959 ~ J-I..1 ;!{¡4 I
1,9é9 1,.§;~\ 9Q m ;!.+9 I
1,5293.139 9Q J£ ;!94 I
:;,119 :;,739 9Q ;;+4 ;>.¡.;o I
3,719 é,339 9Q J% ~
§,31Q §.979 .w¡; 4.. .% J4% I
§,98Q 7,éj9 .w¡; 4;!9 JM I
7,§§Q 8,379 .w¡; 4{¡.j. ;¡j¡4 I
Master Fee Schedule Page 3
Part II - Development
Chapter XI - Engineering
11-15
___...____._u.______._ .._-~
II g.~~o ~' ~~~ I ::1 =1 :11 I
9,1::!0 10,000 I
For estimated eORstructioH eosts o'/er $10,000 tHe fee sHall13e a deposit to
eoyer the City's full cost iHeludiR:; oyerheaà iRe¡,med iR plaH re'/iew aRd
iRspeetioR for ßHeroacilmeHt fJermits aRd CORstrHetioR permits.
Special iRyestigatioR afJplieatioR fees are Hot refuRdaèle.
Ð.PrelimiHary Parcel MafJ Fee
Prior to tile submissisH of a prelimiHary parcel map to IHe city EHgiaeer
f-er preeessiag, tHe property e'lIaer shalI sUBmit a deposit to ee';er the
City's full eost iaeludiag o';er-Read. Should the map be witRàr¡Wla at any
time tHe depesit shalI Be adjusted Ie eeyer the City's aetual eosts iaeludiag
overhead up to tHat time. Said depesit shall aet iaelude chec!8ag ef aay
reEjHireà iFB.provement plans er inspeetioH ef iR-l13fOVemønts. Fees for
eacroaeHmeat permit, plaR re';iew aRd iRspeetiea sHalI be eOFRputed
pursuant te Sectiea XI.B.5 (Opea Space Distriet EaeroaehmeRt) eeataiHed
in tàø master fee sehedl:lle.
"7.PuBlie Works Iaspeetioa
a.FelIw;;iBg Ceuaeil approval sf tHe fiaal FRafJ But prior te tHe reeordatioR
ef said m~, tHe property eWHer or subdivider sHalI submit a
¡!epesit to eeyer the City's fulI eost of iaspeetiea, aRd
admiBistmtioH duriag the cOBstructiea phase of tHe prBjeet,
iae!udiag plaR reyisieas and aHY speeial iayestigatieas iHe1udiag
soils aH¡! geelogy re,'ie'lIs aRd City eeasultaats. THe ¡!epesit shalI
Be adjuste¡! te cover tHe City' s full eest, iaeludiag overHead prior
te aeeeptaRce ef impreyeæellts aad/or release ef bOllds.
b.In aààitiea to etaer fees 0eRtaiaed in tRe Þ.1aster Fee Seheà1.lle Felath'0 to
PH81ie '.varks iFlsfJeøtieRS, s1:lsàiYider af eøatraetor shall13ay to the City,
prior to iRe aCe8¡?taHce af pHislie impro"øæeats ia any SHÐàivisieR Sf street
right of way er easemeat f-er pUB lie pUf 3oses, tHe SUIR 1.5 times tHe
iaspeetor' s HS¡'lfly rate ef pay (iHelu¡!iag friage beaefits aad syemea¡!) per
flOH! for these P1:l81ie '.J.' arks iFlSfH~etioRS HRàertal;,efl Ðl::ltside of feg1:llar
v:ørlc.iag hObITs 0Fl Sah:lràays, SURàays aflä legal holiàays àuriag the G01:lrse
of eøRstructieR ef any fJliÐlie imprcr·¡emÐBts.
C. PERMITS
1. Construction Permits - Administration and Plan Review I
Master Fee Schedule Page 4
Part II - Development
Chapter XI - Engineering
11-16
-
a. Proiect with an estimated construction cost of less than ten
thousand dollars ($10,000)........,.......................................... .$250.00
Additional inspection and traffic control fees shall be collected as
appropriate.
,\B $82 aà!fliRistrative fee sl!all be collected ...:itl! eael! applicatisR f-sr a
BerffiÍt to COBStruCt ¡)Helie iffiPf8ve!fleRts, IJroviàeà However, tl!at ae SlieH
f-ee is required f-or tl!e a¡õmlication for a \ltility eonstructioB B6f1Rit. Plan
R6Yiew and InSIJ6etioB fees sl!all e6 eollected as aßl3rsl3riale.
b. For a proiect with an estimated construction cost which exceeds
ten thousand dollars ($10,000), propertv owner or developer shall
submit a deposit, as detailed in the Subdivision Manual. to cover
the City's full cost, including overhead, incurred in coni unction
with review and processing of said permit. Additional funds may
be collected, as required, bv the Citv Engineer to cover Citv costs.
Should the permit application be withdrawn at any time the deposit
shall be adiusted to cover the Citv's actual costs including
overhead UP to that time. Anv funds remaining on deposit at the
time of withdrawal of the application. or Citv acceptance of the
subiect improvements shall be returned to the depositor.
2. Construction Permits Inspection I
Estimated Inspections Fee
Construction (% of Estimated
Cost Construction Cost)
$0 - 1.999 10%
2,000 - 4,999 8%
5,000 9.999 6%
For a proiect with an estimated construction cost which exceeds ten
thousand dollars ($10,000), propertv owner or developer shall submit a
deposit, as detailed in the Subdivision Manual. to cover the Citv's full
cost. including overhead, incurred in coni unction with permit
administration and inspection during the construction phase of said
improvements, including anv special investigations or Citv consultants.
Additional funds mav be collected. as required. bv the Citv Engineer to
cover City costs, including overhead, prior to acceptance of improvements
and/or release of bonds. Upon acceptance of improvements and/or release
of bonds, any funds remaining on deposit shall be refunded to the
depositor.
3. Grading Permits
Master Fee Schedule Page 5
Part II - Development
Chapter XI - Engineering
11-17
,------ - - ------"-------_._--,.-- - ----..---
a. Prior to submission of grading plans to the City Engineer for
processing. the propertv owner or developer shall submit a deposit,
as detailed in the Subdivision Manual, to cover the Citv's full cost,
including overhead. City'S reimbursable costs shall also include
any special investigations, including soils and geologv reviews.
and consultants. Additional funds may be collected, as required.
by the City Engineer. to cover City costs, including overhead. prior
to approval of grading plans and issuance of grading permit.
b. Following the approval of grading plans. but prior to issuance of
land development permit, the propertv owner or developer shall
submit an additional deposit as detailed in the Subdivision Manual
to cover the Citv's full cost, including overhead, incurred in
conjunction with permit administration and inspection during the
construction phase of the proiect Additional funds may be
collected, as required bv the Citv Engineer to cover Citv costs,
including overhead. Upon acceptance of grading bv the Citv and
release of applicable security, anv funds remaining on deposit shall
be refunded to the depositor.
M. Cef1struetion Permits UtilitiesUtilitv Permits
I*a. THe fee f-er a Htilit)' eeHstruetieB ¡¡ermitUtilitv permit fee for a job I
for which the cost of replacement of the surface improvements
(including the top three (3) feet of any trench or other excavation)
within the City right-of-way, is estimated to be less than ten
thousand dollars ($10,000) shall be $125. ............................$300,00 I
E,b. THe fee f-er a Htilitj' eeHstnwtieH ¡¡ermit For a utili tv permit for a I
job for which the cost of replacement of the surface improvements
(including the top three (3) feet of any trench or other excavation)
within the City right-of-way, is estimated to be ten thousand
($10,000) or more, applicant shall submit an initial cash deposit I
sHall be a eaGh de¡¡esit in an amount sufficient to cover the City's
full cost of administering the permit and inspection of the work,
including overhead. Additional funds mav be collected. as
required, bv the City Engineer to cover Citv costs. including
overhead. An y funds remaining on account upon acceptance of the
permitted work shall be refunded to the depositor.
I<-,5. Construction Security Deposit Bookkeeping Fee I
a. A fee of one percent (1 %) of the total amount deposited with the
city for each construction security deposit shall be deducted from I
sHBffiitled witH each sael!-bond, prior to release to depositor.
Master Pee Schedule Page 6
Part II - Development
Chapter XI - Engineering
11-18
fh6. Driveways; Excessive Width I
K-a. Filing fee$5& filing fee..........................................................$250.00 I
hb. Appeal fee ........................................................... $250.00 appeal f-ee I
J-,7. Encroachment Permit§., :..Application I
The application fee referred to in Section 12.28.050 of the Municipal Code
shall be:
a. $105 f-or tllese pPermits reviewed by the City Engineer;--a¡¡à$275.00 1
bb. Permits $250 fer tllese reviewed by the City Councib.........$850.00
8. Encroachment Permits - Inspection
Estimated Inspections Fee
Construction (% of Estimated
Cost Construction Cost)
$0 - 1,999 10%
2.000 - 4.999 8%
5.000 - 9.999 6%
I
M-9. Temporary Encroachment for storage of building materials in City right- I
of-way Permit Application
a.$3Q nNonrefundable application fee ................................................$50.00 I·
If materials are placed in the street by the applicant prior to issuance of a
temporary encroachment permit, the application fee shall be doubled.
Þl',Vatefeøl:lfSe aRE! Graàiag Permit Fees
a.'NaterGourse aRà gfading permit f-ees sllall be deposits to GO','er tile City's
full Gost ineluding ever-llead. Prier to release of bORds tile àeposits
sllallee aàjusteà te Gover tile full Gost to tile City ineluàing
0\'erfleaà for proeessiag, plaa sHeek, iaspeetiea aaà aay seils ør
geøløgie feports by City e0RS1:tltants.
D. STREETS
Master Fee Schedule Page 7
Part II - Development
Chapter XI - Engineering
11-19
--..............-......---.-.---...... .. ---- ._..._-~._~_._---,~--_._-----
1. Street Marking Fees
a. Striping (Paint) I
I Per mile of dDouble yellow centerline, per foot$0.32$I,02~.9~
ii Per mile sf sSingle solid line striping, per foot$0.29$857.37 I
iii Per mile of sSkip line striping. per foot ...........$0.27$773.58
IV Line removaL per foot...................................................$3.80
b. Striping (Thermoplastic Installation)
I Crosswalks (12" wide). per foot ...................................$3.88
II Turn Pockets (8" wide), per foot...................................$3.74
111 Line stripe (4" wide), per foot.......................................$3.61
~. Legends (Painted Legends) I
~i Per eaefl..word or lane;-(e.g., "-&,S,top:':, "y",ield:':, pavement
arrow. limit line, crosswalk. etc.)rigàt turn ..............$126.00
(a)sRly, ete. $ ~ 1.50
ii2) Per eaeh: limit liRe ref laRe $ 11.17
iii3) Per eaeh: cross'.vaJk per laRe $ 28.3~
d. Legends (Thermoplastic)
i Per word (e.g., "StoP")..............................................$250.00
II Pavement arrow, each ...............................................$126.00
+.e. Reflective Pavement Markers: I
tAll types> installed (each) ...............................................~11.52 I
;hf. Non-reflective Pavement Markers: I
tBott's dot 4" round ceramic> installed (each) ...............$;h4G$11.17 I
Master Pee Schedule Page 8
Part II - Development
Chapter XI - Engineering
11-20
J.,g. Painted Curb I
Y-,i Curb Loading Zone
(a)See SectisB IV.C.l ClUb LoaàiBg ¿eBe Permit Fee.
Permit investigation fee ............................................$120.00
~ii Painted Curb Installation Otller taaR yellow
(a) Red, per fooL.....................................................$3.93
(b) Yellow, per foot ................................................$3.88
(c) White. per foot ..................................................$3.88
(d) Green. per foot ..................................................$3.90
(e) Blue, per foot ....................................................$3.88
(a)New $1.30/liaeal feøt
(13 )RepaiBtiBg $ .6é/liaeal feet
w'h. Parking I
~i Parking stalls: $5.03 per liBe, $10.06 eoæplete. per line$8.001
¥"ii Parking T's.: $4.79 each ............................................$10.00 I
6,iii Parking meter pole.s plus installationiBstalleà: $81.38 eaea~oo.oo
IV Existing parking meter pole, removal.........................$60.oo
.'..\.2. Street Name and Regulatory Signs I
a, Regulation, Warning and Guide Signs:
(Does not include pole or pole installation) I
Size Sil!n Onlv Sil!n Onlv Installed
~ $4,00 $35.99 I
18" $19.50+.00 $130.0~ I
24" $23.70.w,oo $134.0~ I
30" $52.8æG,OO $163.0Qé.l.,OO I
36" $73.004U)G $1 83.0m,oo I
48" $104.00B,00 $2l4.ool98.Q9
Master Pee Schedule Page 9
Part IT - Development
Chapter XI - Engineering
11-21
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&.b. Street Name:
(Does /lot include Dole or Dole installation)
£!ill Blade / Sign onlv, each ..............................$ 50.0~ ::: b::: L
f!Wl
Blade / Sign. plus installation, each$ 19.00 sigaE~ }. al $185.00
YY.c. Pole Pricing: I
ZZ.i 2" ill round steel galvanized metal, per foot ..............$1.40
(a) OR
U eHarlflel J3erf-erateà metal pests $l.1 Q J3erfeot
n Tel-Spar LPerforated Square Tubing ......... $2.30 :"'per foot $3.62
III Tel-Spar 1.75" Perforated Square Tubing. per foot......$2.95
ffilV Pole, blade/sign installation .............................$4+.00300.00 I
AA&v ~~s~~~~~~~~~.~.~.~~~~. .~~~. ~~.l.~~~~. ~r~~:~~~~ .~~;\ 0.00 I
, Bß.B.,vi ................................... ............... .............................................$
~Aadditional charge for installations requiring core
-drilling....................................................................... .$50.00
GGG,3. Street Vacation Fees I
a. A deposit. as detailed in the Subdivision Manual. shall be collected
bv the City EngineerTHe f-ee sHall be a àeJ38sit to cover the City's
full cost. including overhead. for street closings or vacations or
easements for public purposes, including investigation, costs of
services provided by the City in processing the application, and the I
preparatioll of maps, plats or legal descriptions., The required
deposit shall be paid to tHe Eagiaeeriag De¡Jartmeat at the time of
filing of the application for said closing or vacation.
OOD.-E. TRAFFIC I
~ I. Street Overioad/Transportation Permit I
Master Fee Schedule Page 10
Part II - Development
Chapter XI - Engineering
11-22
a. Single trip. oversized load transportation permit
1 Loads greater than the California Vehicle Code weight$9.00
11 Loads greater than 12 feet wide or 14 feet high..........$55.00
b. Multiple trip transportation permit
Non oversized loads only, for a maximum period of six (6) months
only..... ............... ......... ............... ... ... ... ... ..... ... ... ...... ........ ... .... .$45 .00
c. Emergencv move permit fees shall be two times single trip fees, in
addition to any other applicable fines.
Siagle !Rsve trallsportatisll ¡;¡ermit $&,00 I
(Rea 801:15e)
b. HOüse fR8':e $55.00
e. ~11:l1tiflle load tFaflS130rtatiea $40.00
pemJit f-er a ¡;¡enod up to sill
mOBtfls
à. gfRergeßey fReve ¡;¡eFIßit fees sHall be àeüble tHe I
siagle fRO'/e f-ee
MMM.2. Traffic Signal Participation Fee I
s. $23 f-or eaeHPer trip generated by intended land use description I
according to SANDAG (San Diego Association of Governments) trip
generation rates. (SEE APPENDIX C) ... . . .. ......................
-/Resolution 2001-385. effective 11-13-011
~3. Traffic Control Plan Fee I
a,Non refundable plan review and application fee............................$175.00
$SQlfiFst sheet eh:ls $25teaea aààitieRad skeet
[Resolution 18356, effective 7/9/96]
OOO.F. TREES I
Master Fee Schedule Page 11
Part II - Development
Chapter XI - Engineering
11-23
- ---.--.----...-..-...--.... ._,--_._-~-.---_._._-_.__..._---
PPR-l. Street Tree Deposits I
a. For all interior lots having less than 75 $H-G$330 per I
feet of street frontage lot
b. For all other interior lots $65O$m per I
lot
c. For all corner lots whose street frontage $65O$m per I
is less than 175 feet lot
d. For all corner lots whose street frontage $1.300$4W I
is 175 feet or more I per lot
2. Tree Planting Fee $5O.'tree
Standard 15 gallon tree. plus biobarrier installation ...........................$50.00
Other tree sizes to be charged according to prevailing market price
[Resolution 18356, effective 7/9/96J
a.G. REIMBURSEMENT DISTRICTS I
66&.1. Reimbursement District Formation I
¿A..~A..~A..~A".a. The costs of the formation of the reimbursement district
shall iaeluàe as estimateà BY tile direetsr of pUBlie '1/erksbe
estimated bv the City Engineer, to include:
IŒIŒ.i The costs of all notices published or mailed I
pursuant to Chapter 15.50 of the Municipal Code.
CCCC.ii The cost to the city of associated staff time, I
preparation of the estimated costs of the facilities,
determination of the benefited area and estimate of the
proper assessment.
DDDD.b. An initial deposit shall be collectedThe f-Be f-er formatisH of
a reimtnm;emeHt distriet shall be a àeJ38sit to cover the City's full
cost> including overhead, for the formation of the reimbursement
district. Additional funds mav be collected, as required, bv the
Citv Engineer. to cover Citv costs, including overhead. In the event
a reimbursement district is not formed, the deposit shall be
adiusted to cover the Citv's actual costs, including overhead. UP to
that time. Anv funds remaining on deposit at the time of
withdrawal fo the application shall be returned to the depositor.tIJe
Master Fee Schedule Page 12
Part II - Development
Chapter XI - Engineering
11-24
aetHal eosts shall \3)' aonreftmdable, sat should they be less than I
the deposit, the bal<moe sHaH be refuBded. In the event a district is
formed, the costs shall be considered an incidental cost of the
improvements to be recouped by the terms of the reimbursement
agreement.
1.0THER
gggE.flood zoae deleræiaatioa fee
i$15/pHeae determiaatioa
ii$25iæailed deteffiliaatioa
(SI)[Rø.';albltisl1 j835fá, clftetf';z 'J/9/9fJ}
Master Fee Schedule Page 13
Part II - Development
Chapter XI - Engineering
11-25
. _ ,.~._._ _"".""_..._..m ._..~-,-----
-
CHAPTER XII
ATTACHMENT H
Enlrineerine: . Sewer
A. CONSTRUCTIONIDEVELOPMENT
8-,1. Minimum Front Footage Charge
Charge per front foot of the lot or parcel to be connected..................$16.00
Such front foot charge shall not be imposed upon a person who
constructed or paid for the construction of the sewer line into which he
seeks to connect.
a.Tee ¡¡aymeBt ef $1€i.GO ¡¡er freBt foot ef tee lot er ¡¡aroel sellget to be
COBBeÐteEl seall Be reqllireEl, bllt 511Ðh froBt f-eet ehæ-ge seall Bot be
irnposeEl HpOB a ¡¡erSeB y:fie eOBstRlÐted or ¡¡aiEl for the eOBstruetieB of the
sewer liBe iBto '.vhieh he seeks te eeBneet.
~2. Sewer Construction and Connection Fees I
I*a. AÐ-Administrative fee-ef.. ............................................ $30.0015.Oût I
g.,b. F'eF-eConstruction of a four-inch {£ldiameter lateral in a street or I
alley containing a single sewer main intended to serve abutting
properties on both sides,- ..........................................$~6.990.00
i Additional charge for lateral length in excess of 35 feet. per
foot.......... ................................................................. .$174.73
ß üs $8€i.QO ßer f-eet of efiæ-geable len¡:tfi in exeess ef 35 Feet.
Chargeable length in this case shall be one-half of the
ultimate dedicated street or alley width in feet except as
noted in subsection d;
c. F'eF-eConstruction of a four-inch {£ldiameter lateral in the street I
or alley cpntaining two sewer mains, each intended to serve
abutting properties on only one side........................$6.990.0~
1 Additional charge for lateral length in excess of 35 feet. per
foot. ........................................................................ ...$174.43
911:1s $&6.99 eer foet af eaare:eaèle.leFle:th if} eJceess af 35 feet.
Chargeable length in this case shall be the recorded
distance from the serving sewer to the ultimate street or
allev right-of-wav line except as noted in subsection d;
Master Pee Schedule Page 14
Part II - Development
Chapter XII - Engineering - Sewer
11-26
__._"____m___~ ----.-. - .--
G,d. In those cases where the sewer lateral is to be installed at an angle I
of more than fifteen degrees from perpendicular to the roadway
centerline, the chargeable length determined per subsections b and
c shall be increased by the actual extra length required because of
such skew;
e. Additional charge for construction of a six-inch (6") diameter
lateral. per foot of chargeable length, as determined in subsections.
b. c, and d ..................................................................................$3.37
This charge shall be added to the charges listed in subsections b. c
and e.
lh
For six inch àiameter laterals, $3.g0 eer f-eat of cilar¡:eaèle laterallea¡::tR
as àetermineà eer sHbseetians B. e and d shall Be ehar¡::ed in
addition ta tile f-ae f-er installation of a fSHr ineR diameter lateraL
f. Additional charge for extra work required for the connection of
laterals of anv size to a trunk sewer ten-inches (10") or more in
diameter........................................................................ ....... ..$126.00
fer tke COflReetien of Iatefals of any size 10 a trunk sewer teA inøhes or
more ia àiameter an aàditioaal amsHnt af $38.00 f-er extra work reE lIired
to mal(ø Sl:IeR a eonneetisR
This charge shall be added to the charges listed in subsections 13, c
and e.
J.For the p!aeement sf a tap in a se\':er loeated in an easement, tile fee
shall Be:
(a)$317 far 4" diameter tap ins;
(13)$339 f-or €i" àiameter tap ins.
g. Sewer connection "tap-in", where a contractor other than the City
constructs the sewer lateral. This fee shall be in place of the
connection fees detailed in subsections b. c. d. and e, and in
addition to the fee assessed in subsection f.
1 Four-inch (4") diameter tap-ins ................................$528.00
11 Six-inch (6") diameter tap-ins...................................$607.00
h. Additional charge for connections made at a depth in excess of
nine feet (9').......................................................................$1.350.00
K.Far eaalleetieas maèe at a àeptR ill e¡tees5 af nille feet, $I ,251 pills $36 per feot of I
ekargeaèle lemgth iR e:iceess øf 35 æet.
Master Pee Schedule Page 15
Part II - Development
Chapter XII - Engineering - Sewer
11-27
I
3. Sewerage Capacity Charge
a. The owner or person making application for a permit to develop or
modify use of any residential, commercial, industrial or other
property which is projected by the City Engineer to increase the
volume of flow in the City sewer system by at least on-half of one
equivalent dwelling unit of flow shall pay a Sewerage Capacity
Charge. The base charge is hereby established as $3,000 per
equivalent dwelling unit of flow.
[Ordinance 2900-B, effective 4/15/03J
b. One equivalent dwelling unit of flow is defined to be 265 gallons
per day of sewage generation. For purposes of conversion, one
equivalent dwelling unit of flow shall also be equal to 19
equivalent fixture units (EFUs). (SEE APPENDIX D) The fee
for property involving a modification in use shall reflect only the
increase in sewage generation projected from that property.
i The following rates of flow for various land uses shall be
utilized in determining the total fee due for any given
property:
PLEASE SEE TABLE ON FOLLOWING PAGE
Master Pee Schedule Page 16
Part I! - Development
Chapter XI! - Engineering - Sewer
11-28
.--_.__..._----------------_._~
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTERS I (RECORDS, DOCUMENTS, RESEARCH AND
PROCESSING FEES), N (BUSINESS FEES), XI (ENGINEERING), AND XII
(ENGINEERING - SEWER) OF THE CITY'S MASTER FEE SCHEDULE
WHEREAS, the Engineering Division and the Public Works Operations
Department of the City ofChula Vista have not updated their elements of the Master Fee
Schedule since 1993; and
WHEREAS, after of a comprehensive review of all fees relating to engineering
and public works services, staff has recommended proposed fee changes to ensure that
the costs of providing engineering and public work services are paid by those who benefit
from such services; and
WHEREAS, the proposed fee schedule has been developed based on current
operations, development volume and service provision costs and spreads these costs
equitably to those receiving these City services; and
WHEREAS, the fees reflected in the proposed fee schedule are based upon the
estimated reasonable costs of providing engineering and public work services; and
WHEREAS, the proposed fee schedule shall not become effective until 60 days
after adoption by the City Council;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the proposed changes to the Master Fee Schedule as detailed
in Attachments E through H.
Presented by Approved as to form by
/ h p /Þ14
~o VI ~
Jack Griffin Moore
Director of General Services City Attorney
11-29
. _. -~-"'~---'-""--""'--'"-'"'.'- "." '-"'~- ,,----_.._-----_.._~~~----