HomeMy WebLinkAboutAgenda Packet 2004/11/16
CITY COUNCIL AGENDA
November 16, 2004 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHUlA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's website at:
www.chulavistaca.gov
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November 16, 2004
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
document on the bulletin board according to
Brown Act requirements.
AGENDA Dated I (-12-0lJ.Signed ~~lttu~
6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVID W.
KROGH, PRESIDENT OF HILL TOP HIGH SCHOOL DOLLARS FOR SCHOLARS
PROCLAIMING THE MONTH OF NOVEMBER 2004 AS SCHOLARSHIP MONTH
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DR.
DOROTHY YORK, DIRECTOR OF THE CHULA VISTA ANIMAL CARE
FACILITY, DECLARING NOVEMBER AND DECEMBER 2004 AS HOME 4 THE
HOLIDAYS MONTHS
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CAPTAIN
ROBERT D. WHITE, USN (RETIRED), VETERAN OF THE YEAR
· REPORT FROM CHUCK COLE OF ADVOCATION INCORPORATED, ON THE
2004 AND 2005 STATE LEGISLATIVE SESSIONS
CONSENT CALENDAR
(Items 1 through 6)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. APPROVAL OF MINUTES of the Regular Meetings of October 12 and October 19,
2004, and the Special Meeting of October 19, 2004.
Staff recommendation: Council approve the minutes.
2 A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING TO SAN DIEGO GAS AND ELECTRIC (SDG&E), ITS SUCCESSORS
AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, MAINTAIN AND USE
POLES, WlRES, CONDUITS AND APPURTENANCES, INCLUDING
COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR TRANSMITTING
AND DISTRIBUTING ELECTRICITY TO THE PUBLIC FOR ANY AND ALL
PURPOSES IN, ALONG, ACROSS, UPON, UNDER AND OVER THE PUBLIC
STREETS AND PLACES WlTHIN THE CITY OF CHULA VISTA (SECOND
READING)
Page 1 - Council Agenda
November 16, 2004
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING TO SAN DIEGO GAS AND ELECTRIC (SDG&E), ITS SUCCESSORS
AND ASSIGNS, THE FRANCHISE TO INSTALL, MAINTAIN, AND USE PIPES
AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING NATURAL
GAS TO THE PUBLIC FOR ANY AND ALL PURPOSES UNDER, ALONG,
ACROSS, OR UPON THE PUBLIC STREETS AND PLACES AS THE SAME NOW
OR MAY HEREAFTER EXIST WITHIN THE CITY OF CHULA VISTA (SECOND
READING)
The City and San Diego Gas & Electric have concluded negotiations and the City
Council approved a Memorandum of Understanding outlining the benefits established
through those negotiations. A draft of the electricity and gas franchise agreements
detailing the terms and conditions of the proposed franchises was presented to Council on
October 26,2004. Adoption of the ordinances grants the franchises to San Diego Gas &
Electric. These ordinances were introduced November 9, 2004. (Director of
Conservation and Environmental Services)
Staff recommendation: Council adopt the resolutions.
3A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED AT-WILL POSITION
TO THE HUMAN RESOURCES DEPARTMENT AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUIRED)
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS, TO ADD THE
POSITION OF HUMAN RESOURCES OPERATIONS MANAGER (FIRST
READING)
Adoption of the resolution and ordinance approves the addition of a key managerial
position to the Human Resources Department, which will allow staff to conduct day-to-
day operations in a more efficient and effective manner, authorizes the reinstatement of
the unclassified, senior management, at-will position of Human Resources Operations
Manager, and appropriates funds therefor. Chula Vista Charter Section 500 requires that
all unclassified positions not mentioned specifically in the section be added by ordinance.
(Director of Human Resources)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF SAN MIGUEL RANCH PLANNING AREA "A",
CHULA VISTA TRACT NO. 99-04 AND THE ASSOCIATED IMPROVEMENT
AGREEMENTS
San Miguel Ranch Planning Area "A" is comprised of 120 condominium units located
east of the intersection of Proctor Valley Road and Mount Miguel Road. The tentative
map was approved February 29,2000, and amended on December 17,2001. Adoption of
the resolution approves the final map and associated improvement agreements. (Director
of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda November 16, 2004
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5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DESIGN BUILD AGREEMENT WITH T.C. CONSTRUCTION
COMPANY, INC. FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN
AND CONSTRUCT THE POGGI CANYON TRUNK SEWER/UPGRADE OF REACH
205 (PROJECT SW226), AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The Council previously approved Project No. SW-226, which involves the construction
of a trunk sewer line that upgrades Reach 205 of the Poggi Canyon Trunk Sewer.
Adoption of the resolution awards T.e. Construction Company, Inc. a Design Build
agreement for this project. (Director of General Services)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED SENIOR DEPUTY
CITY CLERK POSITION TO THE CITY CLERK'S OFFICE AND APPROPRIATING
FUNDS THEREFOR (4/5THS VOTE REQUIRED)
Adoption of the resolution authorizes the addition of a Senior Deputy City Clerk position
in order to allow the City Clerk's Office to successfully carry out its current and long-
term work programs and goals and appropriates funds therefor. (City Clerk)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
7. CONSIDERATION OF THE RENAMING OF FRIENDSHIP PARK TO WILL T.
HYDE FRIENDSHIP PARK
In January 2004, former Mayor and long time activist Will T. Hyde passed away. In
mid-2004, the Council formed a committee, which includes Deputy Mayor Salas and
Councilmember McCann, to establish a fitting memorial to Mr. Hyde. After a number of
months of discussion the committee has decided to ask the City to change the name of
Friendship Park to Will T. Hyde Friendship Park. (Assistant City Manager Palmer,
Director of Public Works)
Page 3 - Council Agenda November 16, 2004
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Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RENAMING FRIENDSHIP PARK TO WILL T. HYDE FRIENDSHIP PARK
8. CONSIDERATION OF APPROVAL OF EXPANSION OF THE SCOPE OF THE
OFFICE OF CULTURAL ARTS, RECLASSIFICATION OF THE EXISTING FUNDS
DEVELOPMENT/STRATEGIC PLAN MANAGER POSITION, AND
APPROPRIATION OF FUNDS FOR THE CREATION OF A CULTURAL ARTS
MASTER PLAN AND FOR CHULA VISTA'S TASTE OF THE ARTS FESTIVAL
Arts and culture are an integral part of the cultural, economic and aesthetic environment
of the Chula Vista community and should be promoted and coordinated by the City in a
manner that creates a favorable image, climate for artistic development, and cultural
awareness. Adoption of the resolution approves the expansion of the scope of the Office
of Cultural Arts, reclassifies the existing Funds Development/Strategic Plan Manager
position to Cultural Arts and Fund Development Manager, and appropriates $125,000 for
the creation of a Cultural Arts Master Plan and enhancement of Chula Vista's Taste of
the Arts festival. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE EXPANSION OF THE SCOPE OF THE OFFICE OF
CULTURAL ARTS AND APPROPRIATING FUNDS FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND FOR THE CREATION
OF A CULTURAL ARTS MASTER PLAN AND ENHANCEMENT FUNDS
FOR CHULA VISTA'S TASTE OF THE ARTS FESTIVAL
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
10. MAYOR'S REPORTS
11. COUNCIL COMMENTS
. Patty Davis:
REPORT REGARDING A PROPOSAL WITHIN THE COUNTY OF
SAN DIEGO TO ALLOW THE STEEL CANYON GOLF COURSE TO
EXTRACT GROUNDWATER FOR IRRIGATION PURPOSES
The proposed project in San Diego County would allow intermittent
groundwater extraction to supply all, or portions of, the water needed to
irrigate the Steel Canyon Golf Course and the common landscaped area
within the residential portion of the development.
Staff recommendation: Council oppose the project and authorize the
Mayor to send a letter to the County of San Diego informing them of the
City's concerns.
Page 4 - Council Agenda November 16, 2004
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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).
12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. ARB v Eastlake (SDSC #GIS15582)
13. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
ADJOURNMENT to the Adjourned Regular Meeting on November 17,2004 at 7:00 p.m., in
the Police Department Community Room, and thence to the Regular
Meeting of November 23, 2004, at 6:00 p.m. in the Council Chambers.
Page 5 - Council Agenda November 16, 2004
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
October 12, 2004 5:30 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:39
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
· RECOGNITION BY DAN BEINTEMA, NATURE CENTER DIRECTOR, OF THE
EXTRAORDINARY EFFORTS OF THE CHULA VISTA NATURE CENTER BIRD
CREW, AND CELEBRATION OF THE RELEASE OF THE ONE-HUNDREDTH
CRITICALLY-ENDANGERED, LIGHT -FOOTED CLAPPER RAIL INTO THE WILD
Nature Center Director Beintema introduced the principal coordinators of the program. Mayor
Padilla then read the proclamation, and Deputy Mayor Salas presented it to Mr. Beintema.
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BOB
MCGLADE, VICE-CHAIR OF THE CULTURAL ARTS COMMISSION,
DECLARING OCTOBER AS NATIONAL ARTS AND HUMANITIES MONTH
Commissioner McGlade thanked the Council and City staff for their support. Mayor Padilla read
the proclamation, and Deputy Mayor Salas presented it to Mr. McGlade.
· INTRODUCTION AND RECOGNITION BY FIRE CHIEF PERRY OF LINDA
D'ORSI, K-9 HANDLER, AND OF CODY FOR RECEIVING CERTIFICATION AS A
SEARCH AND RESCUE DOG
Fire Chief Perry introduced Fire Engineer Linda D'Orsi, who talked about her accomplishments
with search and rescue dog Cody in receiving their search and rescue certification.
CONSENT CALENDAR
(Items 1 through 5)
1. APPROVAL OF MINUTES of September 9, 2004.
Staff recommendation: Council approve the minutes.
Page I - Council Minutes I October 12, 2004
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CONSENT CALENDAR (Continued)
2. RESOLUTION NO. 2004-323, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF PUBLIC
DRAINAGE EASEMENTS WITHIN ASSESSORS PARCEL NO. 595-232-26-00 AT
955 LANE AVENUE
A request was received to vacate public drainage easements within the property located at
. 955 Lane Avenue, owned by Otay Lakes Partners, LLC. In accordance with Chapter 4,
Section 8330 of the State Streets and Highways Code, this type of vacation may be
performed summarily through adoption of a resolution ordering said summary vacation.
(Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
3A. RESOLUTION NO. 2004-324, 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 FROM THE
AVAILABLE BALANCE OF 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
B. RESOLUTION NO. 2004-325, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 BUDGET BY
APPROPRIATING $232,442 FROM THE AVAILABLE BALANCE OF THE SEWER
FACILITIES REPLACEMENT FUND FOR EQUIPMENT COSTS FOR PUBLIC
WORKS OPERATIONS
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
requesting a two-person crew and TV van to specifically video all the City's wastewater
lines. (Continued from October 5, 2004.) (Director of Public Works Operations)
Staff recommendation: Council adopt the resolutions.
4A. RESOLUTION NO. 2004-326, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER IN THE AMOUNT
OF $48,000 FROM THE AMERICANS WITH DISABILITIES ACT (ADA) CURB
CUTS - FISCAL YEAR 2004/2005 PROJECT (STL-297) TO THE ADA CURB CUTS
PROGRAM - FISCAL YEAR 2003/2004 PROJECT (STL-292), FOR
UNANTICIPATED CHANGE IN SCOPE OF WORK AND STAFF TIME EXPENSES
INCURRED PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT
B. RESOLUTION NO. 2004-327, 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 OF CHULA VISTA
(pROJECT STL-292), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
OPERATIONS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY
Page 2 - Council Minutes October 12, 2004
CONSENT CALENDAR (Continued)
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. 1 for the project. (Continued from October
5,2004) (Director of General Services, Director of Public Works Operations)
Staff recommendation: Council adopt the resolutions.
5. RESOLUTION NO. 2004-328, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 WORKERS'
COMPENSATION BUDGET TO COVER CLAIMS COSTS, AND APPROPRIATING
$799,762 THEREFOR
The City's Excess Workers Compensation Policy is a reimbursement policy, meaning that
the City must front costs prior to receiving funds from the carrier. In order to meet this
requirement this budget amendment and appropriation of funds is required. (Director of
Human Resources)
Staff recommendation: Council adopt the resolution.
ACTION: Councilmember Rindone moved to approve staff's recommendations and offered
the Consent Calendar, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
Michael Eden, representing Visually Impaired People's Services, invited all to attend the White
Cane Safety Day events on October 15, 2004, from 9:00 a.m. to noon, at the Chula Vista
Department of Motor Vehicles. The event is an effort to educate the community on visually
impaired members of the public. Mayor Padilla stated that a proclamation recognizing White
Can Safety Day would be scheduled on the agenda for the October 19th meeting.
Item No.8 was taken out of order and discussed prior to the Public Hearings.
ACTION ITEMS
8. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING IN
CONCEPT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
SAN DIEGO GAS AND ELECTRIC REGARDING PROPOSED TERMS FOR THE
GAS AND ELECTRIC FRANCHISES
In 1972 the City granted an electric franchise to San Diego Gas and Electric (SDG&E),
which was extended in 1998 and expired in June 2003. Under the terms of the proposed
Memorandum of Understanding, SDG&E will continue to deliver electricity and natural
gas to the residents and businesses of Chula Vista. (City Manager)
Page 3 - Council Minutes October 12, 2004
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ACTION ITEMS (Continued)
Mayor Padilla presented a policy statement and addressed policy implications, bayfront
undergrounding and switchyard removal, the preservation of City options, and proposed terms of
the agreement. He stated that it is appropriate for the City to work to achieve the best possible
franchise with SDG&E, regardless of options the City mayor may not choose to pursue in the
· future. He also expressed the importance for the City to remain a municipal utility by
declaration, retain its rights to pursue those options in the future, remain a community choice
aggregator, continue to engage in the public policy debate at the state level about the kinds of
regulations that should govern that program, and retain the ability to engage in any other future
options. He stated that the proposed agreement allows the City to maintain its options and
provides nearly $120 million in benefits to the City over the initial term, as well as one of the
highest franchise fees and highest allocation of undergrounding monies in the service territory.
Also included in the agreement is the commitment to develop a portfolio valued at $10 million in
public purpose funds for programs that benefit City residences and businesses, and a number of
other assorted benefits in the areas of parks, cooperative agreements, and an exclusive right to
issue industrial development bonds for SDG&E itself. He expressed optimism about the ability
· of the City and SDG&E to work on areas of mutual concern for the benefit of the region and the
City.
City Attorney Moore explained the terms of the memorandum of understanding (MOU) with
regard to the bayfront undergrounding.
Director of Conservation and Energy Services Meacham discussed the preservation of City
options, adding that Community Choice Aggregation (CCA) is still in the rule-making process,
and the City continues to be engaged in pursuing the option.
Councilmember Rindone left the meeting at this point, 6:07 p.m.
City Attomey Moore stated that the MOU would be for the same term as the gas and electric
franchise, which, if approved by the Council, would be for an initial term of 10 years, with an
automatic extension of 20 years if SDG&E has materially satisfied all its obligations.
City Manager Rowlands detailed the financial benefits of the proposed agreement. Director
Meacham explained additional areas of benefit, such as west-side park development and the
beautification of substations; and added that the public purpose funding represents opportunities
to make Chula Vista even more of a leader in energy conservation and renewables over the next
five years.
Councilmember McCann asked if the agreement would impede the City from becoming a CCA.
Director Meacham responded in the negative, stating that the City continues to coordinate its
efforts with other cities in the state that are also pursuing CCA. Councilmember McCann asked
if the City would still have the ability to look at ways to provide power at a cheaper rate to
businesses. Director Meacham responded that until the CCA rules are in place, the City has the
ability to purchase power for some City buildings that were previously established under direct
access. He was hopeful that in working with other agencies in the state and with SDG&E, an
agreement would be reached on the CCA rules and the City would be able to purchase power and
deliver it to any business or residence in the City.
Page 4 - Council Minutes October 12, 2004
ACTION ITEMS
Albert Huang, representing the Environmental Health Coalition, spoke in support of the
proposed undergrounding and relocation of the switchyard, which he believed would enhance the
quality of the bayfront. He suggested that the path of the transmission lines should be set further
back towards Bay Boulevard to maximize bayfront options, and he encouraged the removal of
the power plant from the bayfront. He also encouraged the City to continue its regional
leadership with regard to renewable energy and to eliminate the need for a future power plant.
Bill Hall, Chair of the San Diego Unified Port District, thanked the Council, City Manager
Rowlands, City Attorney Moore, and SDG&E management on a monumental agreement, which
he believed might prove to be the most significant act of the current Council administration as far
as consequence to the citizens of Chula Vista and perhaps to the region. He stated that the
undergrounding portion of the project would be tremendously consequential to the City. He
added that other values would include unobstructed flyways, the change and appearance of the
bayfront that will attract developers, and the value, security, and health of children who will be
utilizing the parks in the area.
Buz Schott, Regional Vice President for SDG&E, spoke in support of the MOU and thanked
Mayor Padilla for his support and commitment on an agreement that he believed would have
numerous benefits to all parties.
Frank Urtasun, Regional Public Affairs Manager for SDG&E, stated that the MOU is a great
deal for both parties and a victory for all.
Councilmember Davis stated that the proposed agreement is a good financial package for the
City. She added that the citizens deserve undergrounding of the utility lines, which will also be a
great value to the bayfront. She thanked fellow Councilmembers for working as a team
throughout the negotiations and upon reaching an agreement between the parties.
Councilmember McCann stated that the proposed agreement is a big win for the citizens of
Chula Vista, and that the undergrounding will be a huge benefit to the City, providing value,
equity, and a good image. He suggested that the substation located adj acent to the Otay
Recreation Center be considered first for beautification. He added that the agreement was
accomplished without tax or surcharge increases.
Mayor Padilla announced that Councilmember Rindone wished to convey, in his absence, that he
would be registering an aye vote on the item, and wished to express his support in moving
forward with the MOU.
ACTION: Mayor Padilla then offered Resolution No. 2004-333, heading read, text waived:
RESOLUTION NO. 2004-333, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING IN
CONCEPT A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CHULA VISTA AND SAN DIEGO GAS AND
ELECTRIC REGARDING PROPOSED TERMS FOR THE GAS AND
ELECTRIC FRANCHISES
The motion carried 5-0.
Page 5 - Council Minutes October 12, 2004
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PUBLIC HEARINGS
6. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING
THE EXISTING SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE
AND AMENDING ORDINANCE NO. 2617
Adoption of the urgency ordinance modifies the existing Salt Creek sewer basin
. development impact fee and amends Ordinance No. 2617. This urgency ordinance
enables 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.
Mayor Padilla opened the public hearing. With no members of the public wishing to speak,
Mayor Padilla closed the public hearing.
ACTION: Deputy Mayor Salas offered Urgency Ordinance No. 2974-C, heading read, text
waived:
URGENCY ORDINANCE NO. 2974-C, 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 4-0, with Councilmember Rindone absent.
7. CONSIDERATION OF CERTIFICATION OF THE FINAL SECOND TIER
ENVIRONMENTAL IMPACT REPORT, PLANNED COMMUNITY DISTRICT
REGULATIONS, SECTIONAL PLANNING AREA PLAN (PCM 04-05), AND
TENTATIVE MAPS FOR OTAY RANCH VILLAGE SEVEN
Adoption of the resolutions and ordinance approves the sectional planning area plan,
tentative maps, and supporting regulatory documents, for Otay Ranch Village 7, located
between the future extension of La Media Road and the alignment of SR-125, south of
Birch Road. In accordance with the requirements of the California Environmental
Quality Act, a second tier environmental impact report was prepared to analyze the
environmental impacts of the proposed sectional planning area plan and tentative maps.
(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.
Planning and Building Director Sandoval explained the process undertaken in relation to the
proj ect.
Page 6 - Council Minutes October 12, 2004
PUBLIC HEARINGS (Continued)
Special Planning Projects Manager Hare presented the key features, issues and work program
objectives associated with the item. Marni Borg, Environmental Projects Manager, presented the
environmental review for the project.
Councilmember McCann noted the need to make certain that high school 13 is built in a timely
manner. Mr. Hare responded that site preparation and development of infrastructure rests largely
in the hands of the developer and the school district. A large component of the City's task has
been to deliver the entitlements on time and continue to process and issue the grading plans.
Todd Galameau, representing McMillin Companies, commended City staff for their work on the
project, which he believed was a model for public/private partnership. He stated that although
significant amount of work remains to be done for the high school construction, McMillin looks
forward to continued cooperation with the City in order to deliver the project on time.
Kent Aden, representing the Otay Ranch Company, spoke in support of staffs recommendations
and commended City staff on the entitlement process. He expressed concern that the permit
monitoring agreement previously entered into with the City did not anticipate the project coming
on line so soon, and he expressed the need to work cooperatively to seek ways to implement the
project.
Kathy Tanner, representing Sweetwater Union High School District, stated that approval of the
various documents is a significant milestone in the process by the City, and the school district is
appreciative of the timely efforts brought forth by all parties involved. She reported that grading
is planned to commence November I", with opening of the first phase of the school in July 2006.
Ms. Tanner stated that she would like to continue working with the City to review the schedule
to implement all the infrastructure within the proj ected timeframe.
With no further members of the public wishing to speak, Mayor Padilla closed the public
hearing.
ACTION: Deputy Mayor Salas offered the ordinance for first reading and Resolution Nos.
2004-329, 2004-330, 2004-331, and 2004-332 for adoption, headings read, texts
waived, with Resolution 2004-332 amended to add the following condition: "The
Applicant, concurrent with the grading and improvement of Santa Luna Street,
shall design, grade and implement the construction of a 10' wide regional trail
along Santa Luna Street in conformance with the Trails Plan in the Village Seven
SPA Plan as approved by the City to the satisfaction of the Director of General
Services. "
RESOLUTION NO. 2004-329, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE
FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR
04-06) FOR THE VILLAGE SEVEN SECTIONAL PLANNING AREA
(SPA) PLAN AND TENTATNE MAPS; MAKING CERTAIN
FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Page 7 - Council Minutes October 12, 2004
- - ------ - ----------.".-....-,......
PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2004-330, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING OTAY
RANCH VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA)
PLAN (PCM 04-05) WEST OF THE FUTURE SR-125, SOUTH OF
BIRCH ROAD, EAST OF LA MEDIA ROAD, AND NORTH OF ROCK
. MOUNTAIN ROAD
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA)
PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY
RANCH, VILLAGE SEVEN (FIRST READING)
RESOLUTION NO. 2004-331, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING A
TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY
RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA)
PLAN- MCMILLIN OTAY RANCH LLC, CHULA VISTA TRACT
05-07
RESOLUTION NO. 2004-332, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING A
TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY
RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA)
PLAN- OTA Y PROJECT L.P., CHULA VISTA TRACT 05-09
The motion carried 4-0, with Councilmember Rindone absent.
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
There were none.
10. MAYOR'S REPORTS
There were none.
11. COUNCIL COMMENTS
Councilmember Davis congratulated Firefighter Mark McDonald and his wife Allison, who were
married this past Sunday.
Councilmember McCann reported on the recent Police Department's Senior Patrol dinner, and
he thanked the senior volunteers for their dedication to the City. He also attended the University
reception and congratulated the Council on progress being made to make the university center a
reality.
Page 8 - Council Minutes October 12,'2004
CLOSED SESSION
Closed Session was cancelled, and the following item was not discussed:
12. CONFERENCE WITH LEG1\L COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. ARB v Eastlake (SDSC #GIS15582)
ADJOURNMENT
At 7:52 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 19, 2004,
at 6:00 p.m. in the Council Chambers.
~ß-U.~~
Susan Bigelow, MMC, City Clerk
Page 9 - Council Minutes October 12, 2004
.- ~- __'_~_n.
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
October 19, 2004 5:00 p.m.
A Special Meeting ofthe City Council of the City ofChula Vista was called to order at 5:15 p.m.
in the Council Conference Room, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, McCann, Salas, Rindone, and Mayor Padilla
ABSENT: Councilmembers: None
1. INTERVIEWS TO FILL ONE VACANCY ON THE BOARD OF LffiRARY
TRUSTEES
The City Council interviewed the following candidates for the vacancy on the Board of Library
Trustees:
Fred Huntington
Jean Rogers
Virginia Martinez
ACTION: Councilmember R.jndone moved to appoint Virginia Martinez to the Board of
Library Trustees. Deputy Mayor Salas seconded the motion, and it carried 5-0.
ADJOURNMENT
At 6:10 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 19, 2004,
at 6:00 p.m., in the Council Chambers.
- ~ --4.Ll-ð..-0~r::~
Susan Bigelow, MMC, City Clerk
J
. .."... ..._--_."--_.--~,-~.-
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
October 19, 2004 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:24
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
. INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY
PROMOTED AGENTS ROBERT BENNETT, DANIEL PEAK, MATT SMITH,
AND MARK TAZELAAR
Police Chief Emerson introduced the recently promoted Agents and presented them each with
their badge. Robert Bennett was not present at the meeting.
. PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO
MICHAEL EDEN DECLARING OCTOBER 15, 2004 AS "WHITE CANE
SAFETY DAY"
Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Michael Eden.
CONSENT CALENDAR
(Items 1 through 9)
1. WRITTEN CORRESPONDENCE
A. Letter of resignation from Cristobal Durazo, member of the Youth Advisory
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
B. Letter of resignation from Susan Villareal, member of the Child Care
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
Page I - Council Minutes I October 19, 2004
_..,.'.---_.-.. --_.,--_._--~----"."_._._---
CONSENT CALENDAR (Continued)
2. ORDINANCE NO. 2981, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA)
PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH,
VILLAGE SEVEN (SECOND READING)
.
Adoption of the ordinance approves the planned community district regulations for Otay
Ranch Village Seven. This ordinance was introduced October 12, 2004. (Director of
Planning and Building)
Staffrecommendation: Council adopt the ordinance.
3. RESOLUTION NO. 2004-334, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A REQUEST FROM THE CHULA VISTA
HIGH SCHOOL BAND AND PAGEANTRY CORPS AND THE CHULA VISTA
SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE
. EIGHTH ANNUAL BAND REVIEW, AUTHORIZING TEMPORARY STREET
CLOSURES, AND WAIVING CITY FEES FOR POLICE SERVICES
Adoption of the resolution approves the conducting of the band review, authorizes
temporary street closures, and waives city fees for police services. (Chief of Police,
Director of Human Resources, Director of Public Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2004-335, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT EAST PALOMAR STREET
AND DAVIES DRIVE (TF-314) TO HMS CONSTRUCTION
Installation of a traffic signal at the subject intersection was approved and budgeted as
part of the Fiscal Years 2003/2004 and 2004/2005 Capital Improvement Programs (CIP).
The scope of the project includes the installation of a fully actuated traffic signal system
and other work necessary to complete the proj ect. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2004-336, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE DRAINAGE MAINTENANCE AND
INDEMNIFICATION AGREEMENT (MCMILLIN OTAY RANCH VILLAGE 7
GRADING) BETWEEN THE CITY AND MCMILLIN OTA Y RANCH, LLC
A condition of the approved tentative map for McMillin Otay Ranch Village 7 requires
the developer to enter into an agreement with the City to satisfy certain conditions of
approval and mitigation measures prior to issuance of a grading permit for the proj ect.
(Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes October 19, 2004
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2004-337, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 1 FOR THE DAVID
A. WERGELAND SHARK AND RAY EXPERIENCE PHOTOVOLTAIC SYSTEM,
IN THE CITY OF CHULA VISTA (PROJECT GG-176A), AND AUTHORIZING THE
DIRECTOR OF GENERAL SERVICES TO EXECUTE SAID CHANGE ORDER ON
BEHALF OF THE CITY
The Council awarded a contract to Independent Energy Solutions for this project. The
contract provided for a fully functional 7.lKW (STC) grid-connected Photovoltaic
System to be installed. Due to a California Energy Commission (CEC) program rebate
that was less than estimated and unanticipated increase in cost of materials, staff is
recommending, in accordance with Council Policy 574-01, approving change order no. 1
of the contract to complete the proj ect. (Director of General Services)
Staff recommendation: Council adopt the resolution.
7. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING
CHAPTER 15.58 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO
PLACARDS USED TO DENOTE THE CONDITION OF STRUCTURES AND THE
ABILITY TO SAFELY OCCUPY OR USE THOSE STRUCTURES AFTER A
DISASTER (FIRST READING)
Post-disaster safety assessment and posting of placards on buildings that clearly identify
the condition of buildings and structures for owners, occupants and the general public is
one of the essential functions of the Standardized Emergency Management System.
Adoption of the ordinance makes the placards more easily enforceable, clearly specifies
the penalty for disobeying them, and prevents their unauthorized removal or altering.
(Director of Planning and Building)
Staff recommendation: Council place the ordinance on first reading.
8. RESOLUTION NO. 2004-338, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FIVE-YEAR LEASE BETWEEN THE
CITY OF CHULA VISTA AND INVESTCAL REALTY CORPORATION FOR
OFFICE SPACE AT 900 LANE AVENUE, APPROPRIATING $47,208 FROM THE
AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT
FEE FUND, AND AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE
AGREEMENT
The City's sublease for a satellite office in the Eastlake Business Center expires on
December 31, 2004. Staff negotiated a lease agreement for another suite in the same
building. Adoption of the resolution approves the new lease and appropriates funding.
(Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2004-339, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION
PROCESS AND AWARDING A PURCHASING AGREEMENT TO WEIDNER
CONSULTING TO DEVELOP FIVE-YEAR STRATEGIC BUSINESS PLANS FOR
THE POLICE, COMMUNITY DEVELOPMENT AND GENERAL SERVICES
DEPARTMENTS, AND TRANSFERRING AND APPROPRIATING FUNDS
THEREFOR
Page 3 - Council Minutes October 19, 2004
.._...~- ------..-.
·
CONSENT CALENDAR (Continued)
Selecting Weidner Consulting, Inc. to develop Strategic Business Plans for the Police,
Community Development, and General Services departments will provide invaluable
information on some of the highest priorities and far reaching programs affecting future
· City growth and constituent services. (Assistant City Manager Fruchter, Chief of Police,
Director of Community Development, Director of General Services)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
· There were none.
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
City Manager Rowlands spoke about the International City Managers Association (ICMA)
conference this week in San Diego, stating that Chula Vista attracted the largest draw of City
Managers visiting from all over the world for a walkthrough ofthe City.
11. MAYOR'S REPORTS
Mayor Padilla reported that at the October 19, 2004 San Diego Unified Port District Meeting, the
Port Commissioners voted unanimously to secure additional funding for the master planning
process for the bayfront. He congratulated Chair Hall and Community Development Director
Madigan for their testimonies. He also commended Chair Hall for his leadership as Chula
Vista's representative on the Port Commission.
Mayor Padilla thanked Councilmember Davis and Dr. Emerald Randolph for their leadership and
congratulated them on a most successful Christmas in October event.
12. COUNCIL COMMENTS
Councilmember Rindone commented that Joe Schilling, a Chula Vista High School graduate,
was present at the ICMA Conference.
Councilmember Davis spoke about the success of the recent Christmas in October event during
which seven homes were restored, and she thanked City staff and community members who
participated.
Page 4 - Council Minutes October 19, 2004
CLOSED SESSION
Closed Session was cancelled, and the following items were not discussed:
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. ARB v Eastlake (SDSC #GIS 15582)
14. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
ADJOURNMENT
At 6:40 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 26, 2004,
at 6:00 p.m. in the Council Chambers.
,
- l.U. ~ ~~ Ð" ,/
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Susan Bigelow, MMC, City Clerk
Page 5 - Council Minutes October 19, 2004
____._____~ ._ --.-.----._"'.__-0
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s'tCO~\) ~'tp..\)\~G ~
AN ORDINANCE GRANTING TO SAN DIEGO GAS ~ ELECTRIC
COMPANY, ITS SUCCESSORS AND ASSIGNS, THE
FRANCHISE TO CONSTRUCT, MAINTAIN AND USE POLES,
WIRES, CONDUITS AND APPURTENANCES, INCLUDING
COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR
TRANSMITTING AND DISTRIBUTING ELECTRICITY TO THE
PUBLIC FOR ANY AND ALL PURPOSES IN, ALONG,
ACROSS, UPON, UNDER, AND OVER THE PUBLIC STREETS
AND PLACES WITHIN THE CITY OF CHULA VISTA
WHEREAS, in 1998, in accordance with Article XII
of the City Charter, City granted an electric franchise
(ttOriginal Franchise") to San Diego Gas ~ Electric
Company(USDG&E" or ~Grantee") pursuant to Ordinance No.
:2746; and
WHEREAS, the Original Franchise has expired and
City staff and SDG&E representatives have negotiated the
terms for a new franchise (~New Franchise"); and
WHEREAS, on October 26, 2004, pursuant to City
Council Resolution No. , the City approved a resolution
of intention to consider the adoption of the New Franchise
and set a public hearing for such purpose on November 9,
2004 at 6:00 p.m.; and
WHEREAS, on November 9, 2004, a duly noticed
public hearing was held on the New Franchise, and all
public testimony was reviewed and considered by the City
Council, including the City.Manager's recommendation to
approve the New Franchise, and the City Council approved
the placement of this ordinance approving the New Franchise
on first reading; and
WHEREAS, on November , 2004, the City Council
considered the New Franchise for second reading and
adoption.
NOW, THEREFORE, the City Council of the City of
Chula Vista does hereby ordain as follows:
A. PROTESTS OVERRULED.
Any and all protests or objections presented to the
granting of the New Franchise are hereby overruled.
~A-I
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. B. TERMS AND CONDITIONS OF NEW FRANCHISE.
SECTION 1. DEFINITIONS.
Whenever in this ordinance the words or phrases
hereinafter in this section defined are used, they shall
have the respective meaning assigned to them in the
following definitions (unless, in the given instance, the
context wherein they are used shall clearly import a
different meaning) .
. (a) The word "Grantee" shall mean San Diego Gas
& Electric Company, and its lawful successors or assigns.
(b) The word "City" shall mean the City of Chula
vista, a municipal corporation of the State of California,
in its present incorporated form or as a chartered City, in
any later reorganized, consolidated, enlarged or
reincorporated for.m.
(c) The word "streets" shall mean the public
streets, ways, alleys and places as the same now or may
hereafter exist within said City, including state highways,
now or hereafter established within said City, and freeways
hereafter established within said City.
(d) The phrase "poles, wires, conduits and
appurtenances" shall mean poles, towers, supports, wires,
conductors, cables, guys, stub s , platforms, crossarms,
braces, transformers, insulators, conduits, ducts, vaults,
manholes, meters, cut-outs, swi tches, communication
circuits, appliance$, attachments, appurtenances and any
other property located or to be located in, upon, along,
across, under or over the streets of the City, and used or
useful in the transmission and/or distribution of
electricity.
(e) The phrase "construct, maintain, and use"
shall mean to construct, erect, install, lay, operate,
maintain, use, repair, or replace.
(f) The phrase "gross receipts" shall mean all
gross operating revenues received by Grantee from the sale
of electricity to Grantee's customers with points of
service within the corporate limits of the City (including,
but not limited to, sales to military reservations with
points of service within the City's corporate limits) which
are credited in Account Nos. 440, 442, 444, 445 and 446 of
the current Uniform System of Accounts of the Federal Power
Commission as adopted by the California Public Utilities
Commission ("CPUC") or similar superseding accounts 1e$s
uncollectible amounts and less any refunds or rebates made
by Grantee to such customers pursuant to orders or
2A-Z
2
decisions of the California Public Utilities Co~ssion.
(g) The phrase ~Utility Users' Tax" shall mean
the local taxes added to utility bills of residential and
commercial utility customers as defined in Chula Vista
Municipal Code, Chapter 3.44 entitled -Utility Users' Tax" .
SECTION 2. GRANT OF FRANCHISE.
The franchise to construct, maintain and use
poles, wires, conduits and appurtenances, including
communication circuits, necessary or proper for
transmitting and distributing electricity to the public for
any and all purposes in, along, across, upon, under, and
over the puÞlic streets, ways and places within said City
is hereby granted to San Diego Gas & Electric Co~any, its
successors and assigns. The City will not participate in
the provision of any such electric transmission or
Distribution Services by itself, or by others within its
jurisdictional boundaries for the term of this franchise
however, excluding the sale of electric commodity to
consumers, or power generation as may be per.mitted by law
and as may be provided in Section I.B.A and I.l4.A of the
Memorandum of Understanding between the City and SDG&E
approved by Resolution No. ( -MOU") . "Distribution
Services" shall mean the ownership and or operation by the
City itself, or with or by any third party, of any
facilities, including pipes, wires, and electric utility
plant and related services for the tran~ssion or
distribution delivery of electricity to consumers within
the boundaries of the City. This franchise is granted
upon each and every condition herein contained, and shall
ever be strictly construed. Nothing shall pass by the
franchise granted hereby to Grantee unless it be granted in
plain and unambiguous terms. Each of said conditions is a
material and essential condition to the granting of said
franchise.
SECTION 3. TERM.
-
Said franchise shall commence on January 1, 2005
and shall have a primary term of ten (10) years and shall
be automatically extended for a new term for an additional
twenty (20) year period upon Grantee's material
satisfaction of all of the obligations of the MOU.
Throughout such term said franchise shall endure in full
force and effect until the same shall, with the consent of
the public Utilities commission of the State of California,
be voluntarily surrendered or abandoned by the Grantee, or
until the state or some municipal or public corporation
thereunto duly authorized by law shall purchase by
voluntary agreement or shall condemn and take under the
2A-3
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power of eminent domain, all property actually used and
useful in the exercise of said franchise and situate in the
territorial limits of the state, municipal, or public
corporation purchasing or condemning such property, or
until said franchise shall be forfeited for non-compliance
with its terms by the Grantee.
SECTION 4. CONSIDERATION.
(a) Franchise Fees. The Grantee of said
franchise shall, during the term thereof, pay to the Ci ty
one and twenty-five hundredths per cent (J..25%) of the
grosS annual receipts of said Grantee within the corporate
limits of the City. In the event that during the term of
this franchise the statutory electric franchise fee paid to
general law cities in California is increased to be more
than the 1.25% of gross annual receipts as defined herein,
the fee to City shall be adjusted to equal such new fee.
This adjustment to the fee will become effective as of the
date Grantee is authorized by the CPUC to collect such
increased amount to the City in its rates. In the event
City does not meet its obligations pursuant to Section 2
hereof this franchise fee will be reduced to that paid to
California generaJ. law cities.
(h) Utility User's Tax-Collection Services. To
the extent permitted by law. and solely for those customers
within the corporate lLmits of the City billed directly by
Grantee (including customers purchasing power from other
electricity providers), Grantee agrees to collect the
City's Utility Users' Tax and remit same to the City on a
monthly basis. No additions or deletions to the parties
subject to this tax shall be made absent the mutual
agreement of the parties.
(c) California Municipal Public Lands Use
Charge. Grantee shall implement the provisions of·
California public Utilities Code Sections 6351, 6352,
6353, 6354 and 6354.1 applicable to a customer who
receives electric transmission or distribution service
subject to this franchise. and remit such funds collected
to the City.
2A-if
4
SECTION S. REPORTS, DATES OF PAYMENT AND CITY AUDITS.
(a) The Grantee shall file with the Director
of Finance of said City, within three months after the
expiration of the calendar year, or fractional calendar
year, following the date of the granting hereof, and within
three months after the expiration of each and every
calendar year thereafter, a duly verified statement showing
in detail the total gross receipts of such Grantee during
the preceding calendar year, or such fractional calendar
year I from the sale of electricity within said City.
(b) Such Grantee shall pay to said City by no
later than the end of August of the following calendar
year, an amount equal to said franchise fee for the first
six months of each year (~Initial payment"). The Initial
Payment shall be calculated using Grantee's actual gross
receipts from January 1 through June 30 of each year.
Grantee shall pay to City by no later than the end of March
cf the following calendar year a true-up payment in an
~ount which, when added to the Initial P aymen t above,'
constitutes the City's annual franchise fee for the
preceding calendar year.
(c) California Municipal public Lands Use
Charges collected by Grantee pursuant to Section 4(c) shall
also be paid in accordance with this schedule.
(d) :Any neglect, omission, or refusal by said
Grantee to file such verified statement, or to pay said
percentage at the time and in the manner specified, shall
be grounds for the declaration of a forfeiture of this
franchise and all rights of Grantee bereunder.
SECTION 6. COMPLIANCE WITH LAWS.
(a) In General. All facilities or equipment of
Grantee that Grantee shall construct, maintain anà use or
remove, pursu.ant to the provisions of the franchise granted
herein shall be accQmplished in accordance with the
ordinances, rules and regulations of City now or as
hereafter adopted consistent with such rules and
regulations as are promulgated under state law, or orders
of the California Public Utilities Commission or other
governmental authority having jurisdiction.
2A-5
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SECTION 7. ADMINISTRATIVE PRACTICES.
(a) Installation, Maintenance, Repair and
Removal of Facilities. Grantee and City shall cooperate in
preparing a manual of administrative practices which shall
govern the pe~tting, installation, maintenance, repair
· and removal of Grantee's facilities in the streets of City
which shall include, but not be limited to, cathodic
protection and street repair standards practices. Once each
year, commencing with the first full calendar year of the
franchise granted herein, it is to be the joint
responsibility of Grantee and City to review and update
such administrative practices. Both Grantee and City are
charged with the duty to prepare, review, and update such
administrative practices by a method of mutual cooperation
which shall take into consideration reasonable needs and
convenience of each party in order to streamline permitting
· by e.g. development of master permits and to minimize
costs. Following the preparation of said manual, and its
approval by the City council, it shall govern the practices
of City and the Grantee in issuance of permits and
installation, maintenance and r~oval of Grantee's
facilities in the streets of City.
(b) System upgrades. Grantee agrees to include
the City in the early implementation of system-wide
enhancements (e.g. infrastructure upgrades and ancillary
services) to the extent such inclusion is consistent with
Grantee's then policy to prioritize and construct such
system enhancements based on the condition of existing
infrastructure in Grantee's service territory.
SECTION 8. CITY RESERVED POWERS.
(a) Consistent with the terms of Section 2
herein City reserves the right for itself to lay,
construct, e;:ect, install, use, operate, repair, replace,
remove, relocate, regrade or maintain below surface or
above surface improvements of any type or description in,
upon, along, across, under or over the streets of the City.
City further reserves the right to relocate, remove,
vacate, or replace the streets themselves. If the necessary
exercise of the aforementioned reserve rights conflicts
with any poles, wires, conduits, and appurtenances of
Grantee constructed, maintained, and used pursuant to the
provisions of the franchise granted hereby, whether
previously constructed, maintained and used or not. Grantee
shall, without cost or expense to City within ninety (90)
days after written notice from the City Manager, or his
designated representative, and request so to do, begin the
physical field construction of changing the location of all
facilities or equipment so conflicting. Grantee shall
2A-h 6
proceed promptly to complete such required work.
(b) Notwithstanding anything else in this
ordinance to the contrary, the City's right to be an
electricity generator retailer, to the extent permitted by
law, shall not be limited in any manner by the granting of
this franchise.
SECTION 9, UNDERGROUNDING OF FACILITIES.
(a) presently Grantee is engaged in a program of
converting to underground certain of its facilities in
accordance with Decision No.73Q78 of the California public
Utilities Commission. At this time, such decision requires
Grantee to budget prior to the end of each calendar year
certain sums of money for said program for the next
succeeding year and allocate these sums to undergrounding
projects in the various governmental jurisdictions
throughout Grantee's entire electric service territory on
the basis of the number of electric customers in each
governmental jurisdiction.
(b) Grantee acknowledges and agreeS as follows:
(1) as of october I, 2004 the City's CPUC Rule.20A Fund
allocation balance is approximately $ 5 million. In
addition to its obligation to spend existing balances of
CPUC Rule 20A Funds, as provided above, during the ter.m of
this franchise, Grantee agrees to allocate two million
dollars per year of CPUC Rule 20A funds to the City. The
Parties have agreed upon specific teDnS for the allocations
of and construction of projects related to such 20A funds
set forth in the MOU. Grantee shall not reallocate such
monies for any other purpose except with the agreement of
the ~ityunless pursuant to CPUC directive. Ci ty and
Grantee shall meet and confer in the event a proceeding is
instituted at the CPUC related to Rule 20A funds to ensure
the intent of this provision is realized.
(c) The City must create the undergrounding
districts in a tDmely manner to give all participants
sufficient time to design and build. Changes in the order
of project development must be mutually agreed upon at
least 12 months in advance. The City must take an active
role in requiring customers to complete their work and to
invo~ve te~ephone and cable companies in the projects. If
right-of-way becomes an issue with any project, Grantee may
seek help from the City to resolve the issues.
(d) Grantee agrees to apply for approval of
budgeted expenditures of CPUC Rule 20A funds to the extent
mandated by the CPUC each year as necessary to implement
its obligations under this Section and the MOU. Grantee is
2,A-7
7
-.--
~-_.__._------- -
responsible for its own actions and those things within its
control. Grantee will not be held liable for nonperformance
by telephone system operators, water companies, or other
communications or cable system operators, City or
customers.
(e) Except as provided in the MOU, nothing
contained herein is intended to prevent Grantee from
informing City and the California Public Utilities
commission of then existing or foreseeable economic
conditions or other factors which in the opinion of Grantee
make unwise the granting in whole or in part, of the
particular annual application.
(f) This section is intended only to be a portion
of the consideration to be paid by Grantee to City for the
rights and privileges granted herein and therefore it does
not create or confer any rights or obligations to anyone
other than City or Grantee.
SECTION 10. Duties and Liabilities
(a) Suit for forfeiture of franchise. The City
may- ~ue in its own n~e for the forfeiture of this
franchise, in the event of noncompliance with any of the
material conditions thereof by the Grantee, its successors,
or assigns.
(b) Indemnity. The Grantee shall indemnify and
hold har.mless the City and its officers from all liability
for damages proximately resulting from any operations under
the franchise.
(c) Notification of City of sale or transfer of
franchise. The Grantee shall file with the legislative body
of the City within thirty (30 ) days after any sale,
transfer, assig=ent, or lease of the franchise or any part
thereof, or any of the rights or privileges granted
thereby, written evidence of the transaction certified to
by the Grantee or its duly authorized officers.
2,A-8
8
SECTION 11. REPAIR COSTS.
Grantee shall pay to City on demand the cost of
all repairs to City property made necessary by any of the
operations of Grantee under the franchise granted hereby,
provided, however, that Grantee may make repairs to
streets, sidewalks, curbs and gutters itself at its own
cost in accordance with City and Grantee's previously
agreed specifications if the s~e can be done without undue
inconvenience to the public use of the streets.
SECTION 12. FORFEITURE AND OTHER REMEDIES.
If Grantee shall fail, neglect or refuse to
.comply with any of the conditions of the franchise granted
hereby, and if such failure, neglect or refusal shall
continue for more than thirty (30) days after written
demand by the City Manager for compliance therewith, then
City, by the City Council, in addition to all rights and
remedies allowed by law, thereupon may terminate the
rights, privilege, and franchise granted in and by this
ordinance, and all the rights, privileges and the franchise
of Grantee granted hereby shall thereupon be at an end.
Thereupon and immediately, Grantee shall surrender all
rights and privileges in and to the franchise granted
hereby. No provision herein made for the purpose of
securing the enforcement of the terms and conditions of the
franchise granted hereby shall be deemed an exclusive
remedy or to afford the exclusive procedure for the
enforcement of said terms and conditions, but the remedies
and procedure outlined herein or provided, including
forfeiture, shall be deemed to be cumulative.
SECTION 13_ ACQUISITION AND VALUATION.
Nothing in this ordinance or in the franchise
granted hereby shall be construed as in any way impairing
City's rights to acquire property of Grantee through the
exercise of City's power of eminent domain, or through
voluntary agreement between City and Grantee, except as
provided in the MOU. In the event that City chooses to
exercise its power of eminent domain, it shall do so in
accordance with the procedures provided by the general law
of the State of California for the cond8mnation of public
utility property. The valuation of such property for
condemnation purposes shall be made in accordance with such
general law.
2A-q
9
- ---- -"-- - ---.----
SECTION 14. AUTHORITY FOR GRANT.
Notwithstanding any other provision herein
contained, this franchise is granted solely and exclusively
under Section 1200, 1201, 1202, 1203, 1204, 1205 and 1206
of Article XII of the Charter of the City of Chula Vista
. and Chapter 5.30 of the Chula Vista Municipal Code. This
franchise is granted subject to any and all additional
terms and conditions contained herein.
SECTION 15. EFFECTIVE DATE.
Subject to the requirements of Section 17, this
ordinance) shall become effective thirty days after its
final passage. Upon the effectiveness of this ordinance,
the commencement of the term shall be January 1, 2005 as
provided in Section 3.
.
SECTION 16. PUBLICATION COSTS.
The Grantee of said franchise shall pay to the
City a sum of money sufficient to reimburse it for all
publication expenses incurred by it in connection with the
granting thereof; such payment to be made within thirty
(30) days after the City shall have furnished such Grantee
with a written statement of such expenses.
SECTION 17. WRITTEN ACCEPTANCE.
The franchise granted hereby shall not become
effective until written acceptance thereof, in a form
approved by the City Attorney, shall have been filed by the
Grantee with the City Clerk.
SECTION 18. PUBLICATION.
The city Clerk shall cause this ordinance to be
published once within fifteen (15) days after its passage
in the Chula Vista Star News, a newspaper of general
circulation published and circulated in said City.
SECTION 19. MISCELLANEOUS OBLIGATIONS.
(a) Notice of Significant Transactions. Grantee
agrees to provide as much reasonable advance notice as is
legally permissible to the City regarding any mergers,
buyouts, spin-offs or other transactions materially
affecting the nature of the entity to which the City grants
this franchise. Such notice shall be consistent with
Grantee's obligations under the law relating to disclosures
and the limitations placed upon Grantee.
2A-1O
10
NOU-04-20Ø4 1,,:38 5E1"PRA ENERGY LEGAL DEFT. ,,19 ,,96 4:377 p,e4/04
GJU'oHTU'S ACCEl'TANCJC:
By its sig¡¡öatw;e hereto, Grantee accepts the
£:tanebi.sa qranbld hexooby and agrees to be bound ""d abide
by al.l covenants, t:e:ms az>d cœ>di. t:.i.ons con bU.ned he:t.:i.n.
Grant:ea warrants aDd :ep>:.......b ds.t :l.t is· &udsoriscad i:o
ent.er int;Q this Franchis. Aqreeiaent and that: the pa:tqt
execuung this :franchi.se on its beba1f .i.s d.uJ.y ....ther1zed
to do so, without the need for any f¡¡~ acuen.
.ACXNOIII.EDCZI:J JUm AGRZED:
San Di~o Gas..Ii Zl.....tz:i.c
cCllpilDy
~-~:
'h S. si~~cePr.."'¡~t-~
RelAtions and Chief FiDanc1al Officer
Preaeni:ed by . Approved ." to foza by
\ ~~ß¡df
Hiahael. or. Heacham
Director of Con~.~atio Ci N ~:rn";
Env-:i.ro"""...i;al. Service.
J=,^I.1Dmry\£K~u:ttic PJ"ØI;h.i_1Q 13 ~ t=inaL.doc:
11
TOTR. P.04
2A-1I
---~_.~-_._--.. -------.--.-...-
~D p..DO?i\O~
~D ~'é.p..D\~G þ;.
$'i:.CO
AN ORDINANCE GR1\NTING SAN DIEGO GAS ELECTRIC
COMPANY, ITS SUCCESSORS AND ASSIGNS, THE
FRANCHISE TO INSTALL, MAINTAIN AND USE PIPES AND
APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING
GAS FOR ANY AND ALL PURPOSES UNDER, ALONG,
ACROSS, OR UPON THE PUBLIC STREETS, AND PLACES AS
THE SAME NOW OR MAY HEREAFTER EXIST WITHIN THE
CITY OF CHULA VISTA
WHEREAS, in ~998, in accordance with Article XII
of the City Charter, City granted a gas franchise
("Original Franchise") to San Diego Gas & E~ectric
("SDGii:En) pursuant to Ordinance No. 2747; and
WHEREAS, the Origina~ Franchise has expired and
City staff and SDG&E representatives have negotiated the
terms for a new franchise ("New Franchise"); and
WHEREAS, on October 26, 2004, pursuant to City
Council Resolution No. , the City approved a resolution
of intention to consider-the adoption of the New Franchise
and set a public hearing for such purpose on Nov~er 9,
2004; and
WHEREAS, on NoveIDber 9, 2004, a duly noticed
public hearing was held on the New Franchise, and all
public testimony was reviewed and considered by the City
Council, including the City Manager's recommendation to
approve the New Franchise, and the City Council approved
the placement of this ordinance approving the New
Franchise on first reading; and
WHEREAS, on November , 2004, the City·
Council considered the New Franchise for second reading
and adoption.
NOW, THEREFORE, the City Counci~ of the City of
Chu~a Vista does hereby ordain as follows:
A. PROTESTS OVERRULED.
Any and all protests or objections presented to the
granting of the New Franchise are hereby overruled.
B. TERMS AND CONDI1IONS OF NEW FRANCHISE.
SECTION 1.. DEFINITIONS.
Whenever in this ordinance the words or phrases
hereinafter in this section defined are used, they shall
have the respective meanings assigned to them in the
fol~owing definitions (unless. in the given instance, the
context wherein they are used shall c~ear~y import a
different meaning) :
213-1
1
...._--...__...__._~ -"_._----
(a) The word "Grantee" shall mean San Diego
Gas & Electric Company, and its lawful successors or
assigns;
(b) The word "City" shall mean the City of
Chula Vista, a municipal corporation of the State of
California, in its present incorporated form or in any
later reorganized, consolidated, enlarged, or
reincorporated form;
(c) The word Ustreets· shall mean the public
streets, ways, alleys and places as the same now or may
hereafter exist within said City, including state highways,
now or hereafter established within said City, and freeways
hereafter established within said City;
(d) The word "gas" shall mean natural or
artificial gas, or a mixture of natural and artificial
gas;
(e) The phrase "pipes and appurtenances· shall
mean pipes, pipelines, mains, services, traps, vents,
vaults, manholes, meters, gauges, regulators, valves,
condui ts, appliances, at tacmnents, appurtenances, and any
other property located or to be located in, upon, along,
across, under, or over tbe streets of the City, and used
or useful in the transportation, transmission and/or
distribution of gas;
(f) The phrase "i nstall, maintain and use" shall
mean to lay, construct, erec t, install, operate, maintain,
use, repair or replace;
(g) The phrase "gross annual receipts" shall
mean all gross operating revenues received by Grantee in a
calendar year, (or part thereof if the effective is not on
January 1 or the end date is not December 31 of any such
year), from the sale of gas to Grantee's customers with
points of service within the corporate limits of the City
( i:n.cl uding , but not limited to, sales to military
reservations with points of service within the City's
corporate limits) which are credited in Account Numbers
480, 481 and 482 of the current Uniform System of Accounts
of the Federal Power Commission as adopted by the
California public Utilities Commission, or similar
superseding accounts, less uncollectible amounts and less
any refunds or rebates made by Grantee to such customers
pursuant to orders or decisions of the California public
Utilities Commission.
(h) The phrase "Utility Users' Tax"shall mean
the local taxes added to utility bills of residential and
2.8 -2- 2
commercial utility customers as defined in Chula Vista
Municipal Code, Chapter 3.44 entitled "Utility Users'
Tax".
SECTION 2. GR1ŒT OF FRANCHISE.
The franchise to install, maintain and use in the
streets of said City all pipes and appurtenances for
transporting, transmitting and distribUting gas to the
public for any and all purposes within said City is hereby
granted to San Diego Gas & Electric Company, ("SDG&E")its
successors and assigns. The City will not participate in
the provision of any such gas transmission or Distribution
Services by itself, or by others within its jurisdictional
boundaries for the te~ of this franchise however,
excluding those rights and duties specific to the sale of
gas commodity to consumers as may be permitted by law and
as may be provided in Section I.B.A and I.l4.A of the
Memorandum of Understanding between the City and SDG&E
approved by Resolution No. (UMOU"). UDistribution
Services" shall mean the own-ership and or operation by the
City itself, or with or by any third party, of any
facilities, including pipes and gas utility plant and
related services for thé transmission or distribution
delivery of natural gas to consumers within the boundaries
of the City of Chula Vista. This franchise is granted upon
each and every condition herein contained, and shall ever
be strictly construed. Nothing shall pass by the franchise
granted hereby to Grantee unless it be granted in plain and
unambiguous terms. Each of said conditions is a material
and essential condition to the granting and acceptance of
said franchise.
SECTION 3. TERM.
Said franchise shall commence on January 1,
2005 and shall continue for a te~ of ten (10) years and
shall thereafter be automatically extended for an
additional ter.œ of twenty (20) years upon Grantee's
materia~ satisfaction of a~~ ob~igations of the Moa.
Throughout such ter.ID said franchise shal~ endure in full
force and effect until the same shall, with the consent of
the Public Utilities Commission of the State of Califoruia,
be voluntarily surrendered or abandoned by the Grantee, or
unti~ the state or some municipal or public corporation
thereunto duly authorized by law shall purchase by
voluntary agreement or shall condeJlln and take under the
power of eminent domain, all property actually used and
useful in the exercise of said franchise and situate in the
territorial limits of the state, municipal, or public
corporation purchasing or condemning such property, or
until said franchise shall be forfeited for non-compliance
with its terms by the Grantee.
213 - 3
3
SECTION 4. CONSIDERATION.
(a) Franchise Fees. The Grantee of said
franchise shall during the term'hereof pay to the City two
percent (2%) of the gross annual receipts of said Grantee
collected within the corporate limits of the City. In the
event that during the term of this franchise the statutory
gas franchise fee paid to general law cities in California
is increased to be more that (2%) of gross annual receipts
as defined herein, the fee to City shall be amended to
equal such new percentage which fee will become effective
as of the date Grantee is authorized by the CPUC to
collect such increased amount in its rates. In the event
City does not meet it obligations pursuant to Section 2
hereof this franchise fee will be reduced to the statutory
fee paid to general law cities.
(b) Utility User's Tax-Collection Services. To
the extent permitted by law, and solely for those customers
within the corporate limits of the City billed directly by
Grantee, Grantee agrees to collect the City's Utility
Users' Tax and remit same to the City on a monthly basis.
No additions or deletions to the parties subject to this
tax shall be made absent the mutual agreement of the
parties.
(c) California Municipal Public Lands Use
Charge. Grantee shall implement the provisions of
California Public Utilities Code Sections 6351, 6352,
6353, 6354 and 6354.1 applicable to a customer who
receives natural gas transportation or distribution
service subject to this franchise, and remi t such funds
collected to the City.
SECTION 5. REPORT S, DATES OF PAYMENT, AND CITY AUDITS.
(a) The Grantee shall file with the Director of
Finance of said City, within three months after the
expiration of the calendar year, or fractional calendar
year, following the date of the granting hereof, and
within three months after the expiration of each and every
calendar year thereafter, a duly verified statament
showing in detail the total gross annual receipts of such
Grantee during the preceding calendar year, or such
fractional calendar year, from the sale of gas within said
City.
(b) Such Grantee shall pay to said City by no later
than the end of August of the following calendar year, an
213 -'I 4
amount equal to said franchise fee for the first six
months of each year (ftInitial Payment"). The Initial
Payment shall be calculated using SDG&E's actual gross
receipts from January 1 through June 30 of each year.
Grantee shall pay to City, by no later than the end of
March of the following calendar year a true-up payment in
an amount which, when added to the Initial Payment above,
constitutes the City's annual franchise fee for the
preceding calendar year. .
(c) California Municipal PUblic Lands Use Charges
collected by Grantee pursuant to Section 4{c) shall also
be paid in accordance with this schedule.
(d) Any neglect, omission. or refusal by said Grantee
to file such verified statement, or to pay said percentage
at the time and in the manner specified, shall be grounds
for the declaration of a forfeiture of this franchise and
all rights of Grantee hereunder.
SECTION 6. COMPLIANCE WITH LAWS.
All facilities or equipment of Grantee that
Grantee shall construct, maintain and use or remove,
pursuant to the provisions of the franchise granted
herein shall be accomplished in accordance with the
ordinances, rules and regulations of City or as hereafter
adopted consistent with such rules or regulations as are
promulgated under state law, or orders of the public
Utilities commission or other governmental authority
having jurisdiction in the premises.
SECTION 7. ADMINISTRATIVE PRACTICES.
(a) Installation, Maintenance, Repair and Removal
of Faci.lities. Grantee and City shall cooperate in
preparing a manual of administrative practi.ces which shall
govern the permitting, installation, maintenance, repair
and removal of Grantee's facilities in the streets of City
which shall include, but not be limited to, cathodic
protection and street repair practices. Once each year,
commencing with the first full calendar year of the
franchise granted herein, it is to be the joint
responsibility of Grantee and City to review and update
such administrative practices. Both Grantee and City are
charged with the duty to prepare, review and update such
administrative practices by a method of mutual cooperation
which shall take into consideration reasonable needs and
convenience of each party in order to stre~ine permitting
by e.g. development of master permits and to minimile
costs. Following the preparation of said manual, and its
approval by the City Council, it shall govern the practices
2B-5 5
._-,-----~~---_._,.
of City and Grantee in the issuance of permits and
installation, maintenance and ramoval of Grantee's
facilities in the streets of City.
(b) System Upgrades. Grantee agrees to
include the City in the early implementation of system-
wide enhancements (e.g. infrastructure upgrades and
ancillary services) to the extent such inclusion is
consistent with Grantee's then policy to prioriti~e and
construct such system enhancements based on the
condition of existing infrastructure in Grantee's
service territory.
SECTION 8. CITY RESERVED POWERS.
(a) Consistent with the terms of Section 2 City
reserves the right for itself to lay, construct, erect,
install, use, operate, repair, replace, remove, relocate,
regrade or maintain below surface or above surface
improvements of any type or description in, upon, along,
across, under or over the streets of the City. City further
reserves the right to relocate, remove, vacate or replace
the streets themselves. If the necessary exercise of the
aforementioned reserve rights conflicts with any pipes and
appurtenances of Grantee constructed, maintained and used
pursuant to the provisions of the franchise granted hereby,
whether previously constructed, maintained and used or not,
Grantee shall, without cost or expense to City within
ninety (90) days after written notice from the City
Manager, or his designated representative, and request so
to do, begin the physical field construction of changing
the location of all facilities or equipment so conflicting.
Grantee shall proceed promptly to complete such required
work.
(b) Consistent with Section 2 above, the City's
right to be a gas commodity retailer, to the extent
permitted by law, shall not be limited in any manner by the
granting of this franchise.
SECTION 9. Duties and Liabilities
(a) Suit for forfeiture of franchise. The City
may sue in its own naIIl.e for the forfeiture of this
franchise, in the event of noncompliance with any of the
material conditions thereof by the Grantee, its successors,
or assigns.
(b) Indemnity. The Grantee shall indemnify and
hold harmless the City and its officers from all liabili ty
for damages proximately resulting from any operations under
the franchise.
2 6 -Go
6
(c) Notification of City of sale or transfer of
franchise. The Grantee shall file with the legislative body
of the City within thirty (30) days after any sale,
transfer, assignment, or lease of the franchise or any part
thereof, or any of the rights or privileges granted
thereby, written evidence of the transaction certified to
by the Grantee or its duly authorized officers.
SECTION 10. REPAIR COSTS.
Grantee shall pay to City on demand the cost of
all repairs to City property made necessary by any of the
operations of Grantee under the franchise granted hereby,
provided, however, that Grantee may make repairs to
¡¡¡treet:;!, ¡¡¡idewalks, curbs, and gutters itself at its own
cost in accordance with City and Grantee's previously
agreed upon specifications if the same oan be done without
undue inconvenience to the public use of the streets.
SECTION 11. FORFEITURE AND OTHER REMEDIES.
If Grantee shall fail, negleot or refuse to
comply with any of the conditions of the franchise granted
hereby, and if such failure, neglect or refusal shall
continue for more than thirty (30) days after written
demand by the City Manager for compliance therewith, then
City, by the City Council, in addition to all rights and
remedies allowed by law, thereupon may terminate the
right, privilege and franchise granted in and by this
ordinance, and all the rights, privileges and the
franchise of Grantee granted hereby shall thereupon be at
an end. Thereupon and immediately, Grantee shall surrender
all rights and privileges in and to the franchise granted
hereby. No provision herein made for the purpose of
securing the enforcement of the terms and conditions of
the franchise granted hereby shall be deemed an exclusive
remedy or to afford the exclusive procedure for the
enforcement of said te~s and condit10ns, but the remedies
and procedure outlined herein or provided, including
forfeiture, shall be deemed to be cumulative.
28 -7
7
__...____._______"._ ~._.'n
SECTION 12. ACQUISITION AND VALUATION.
Nothing in this ordinance or in the franchise
granted hereby shall be construed as in any way impairing
City's rights to acquire property of Grantee through the
. exercise of City's power of aminent demain, or through
voluntary agreement between City and Grantee, except as
provided in the MOcr. In the event that City chooses to
exercise its power of eminent domain, it shall do so in
accordance with the procedures provided by the general law
of the State of California for the condemnation of public
utility property. The valuation of such property for
condemnation purposes shall be made in accordance with such
general law.
SECTION 13. AUTHORITY FOR GRANT.
Notwithstanding any other provision herein
contained, this franchise is granted solely and exclusively
under Section 1200, 1201, 1202, 1203, 1204, 1205 and 1206
of Article XII of the Charter of the City of Chula Vista.
This franchise is granted subject to any and all additional
terms and conditions contained herein.
SECTION 14. EFFECTIVE DATE.
Subject to the requirements of Section 16, this
ordinance shall become effective thirty days after its
final passage unless superseded by a referendum petition
filed as provided by law. Upon the effectiveness of this
ordinance, the commencement of the term shall be January
1, 2005 as provided in Section 3.
SECTION 15. PUBLICATION COSTS.
The Grantee of said franchise shall pay to the
City a sum of money sufficient to reimburse it for all
publication expenses incurred by it in connection with the
granting thereof; such payment to be made within thirty
(30) days after the City shall have furnished such Grantee
with a written statement of such expenses.
SECTION 16. WRITTEN ACCEPTANCE.
The franchise granted hereby shall not become
effective until written acceptance thereof, in a form
approved by the City Attorney, shall have been filed by the
Grantee with the City Clerk.
28-8
8
NOlJ-Ø4-2004 16:38 SEMFRA ENERGy LEGAL DEPT. 619696 4377 P.63/Ø4
SECTION 17. PUBLICAUON .
Th.. Ci.ty Clerk shall c&u... !;his o~iUl= to be
published OAce 1dthin filt_ (15) dal's at'1:.a: i.ts passaqe
in the .Chula VilSta StaJ: News. a n..wapape:: of gen..:al
circ:ulation published and ci.rculated in. said City.
SECTXQd 18. KIS~S OBLIcarXONS_
GranU8 agrees t:c provide as much reasouable
advance. notice .. is 1ec¡a.l..1.y pezmissible 1:.0 !:.he Ci. t::r
re<¡arcl.:i.nq any ~::.. b1>youts, spi.tl-of:f'.. or other
transactioD:!! materially affeetinq the nature of the
entity to which the City qrant:. tJù.s f'ranchiae. Such
notice shal~ be consistent with Granue' IS obligations
unde:: the law :elating too disclo~..a and the 1:iJ11j,tatioD.
placed upon Grantee.
GII»I'l'D'S ~'nUfCB:
By its si.gnat:u:e he::eto; Grantee accèpt!l the franch;i.se
qran tIleS h..r.t>y aDd aqr...... to b. bound and abide by &1.1
covønanta, te%mS &111;1 conditioM contained here.in. Grimtee
warran1:.s and r"P"""..AtaI that it is authorized to enter
into this FzaAchi.. A9r_At and that the party executing
this franchise OD its behalf is duly Luthori:ecI. to de ISO,
wit:hout the need ~or any fuzt:her ac1:.ion.
AC1ŒIOWLl!:lIGED JI.HD AGlUŒD:
San Dieqo Gas , Elect.ic
CCIII1pany
~ m·
- -- ...
By: - ---y -
D. Davis
'ri tle: S."i nr Vi,... ~i ñPnt- - "F.rt-PT'Da.l
P.elations mtd .Chief FiJ:1.ancW Officer
Presented by Appro;red as to form by
~~~ ~!;!!+!1#
Direc:to", of c:ons.rv.....Ucn ¡. City Attorney . .
BnvizooDllleIa ta1 Service.
J:\A~~ FsMehisr: 101.9 04 Fin."e
9
28-'1
.. _.~---~..._~-_._._--~".
COUNCil AGENDA STATEMENT
ITEM :3
MEETING DATE 11/16/04
ITEM TITLE: a). Resolution of the City Council of the City of Chula Vista
Authorizing the addition of one unclassified at-will position to the
Human Resources Department and appropriating funds therefore.
b). Ordinance of the City Council of the City of Chula Vista amending
Chula Vista Municipal Code Section 2.05.010 relating to the
establishment of Unclassified positions to add the position of Human
Resources Operations Manager.
SUBMITTED BY: Directqr of Human Resources Nfl--
REVIEWED BY: City Manager ~~ ¡)íl.o (4/5th Vote: Yes ~ No->
SUMMARY:
Adoption of the resolution and ordinance approves the addition of a key managerial
position to the Human Resources Department which will allow staff to conduct day-to-day
operations in a more efficient and effective manner, authorizes the reinstatement of the
unclassified, senior management, at-will position of Human Resources Operations
Manager, and appropriates funds therefore. Chula Vista Charter Section 500 requires that
all unclassified positions not mentioned specifically in the section be added by ordinance.
RECOMMENDATION: Council adopt the resolution and place the ordinance on first
reading, and that Council also authorize the addition of one Human Resources Operations
Manager to the Human Resources Department and appropriate $70,936 to the Personnel
Services budget and $4254, in Supplies and Services from the available balance of the
General Fund of the Human Resources Department.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Council approved a Human Resources Operations Manager position in September of
2000. In February 2003, the Human Resources Department experienced a reorganization,
which resulted in the elimination of this position, and the funds were diverted to
Administration to help fund the cost of a new Director of the Office of Employee
Development. The original justification for creating and filling the HR Operations Manager
still exists today and is compounded by the growth of the City.
The continued growth and expansion of the City workforce has placed significant demands
for service on the entire Human Resources Department. Over the past 5 years, the
number of full time equivalent positions citywide has increased by approximately 25%.
3-1
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. 3
ITEM
MEETING DATE 11/16/04
Public Safety positions alone have increased by 26% in this same period and will continue
growing exponentially and require more extensive staff resources for their entire
recruitment and selection process, payroll and benefits administration and workers'
compensation management. No new Human Resources staff has been requested since
. September of 2000. In order to mitigate the impact on staff resources, the department has
implemented several new workflow processes in addition to new outreach methods and
automated tracking systems. While the department has successfully addressed many of
the department's key functions with the current staffing level some important functions or
programs have not been implemented.
The addition of the position will allow the Human Resources Department to complete a
number of critical projects and services that currently are not being met, such as:
· Complete Policy and Procedures Manual.
· Update of Civil Service Rules.
· Complete on-line employment application with interface to SIGMA Applicant
Management system.
· Complete mandatory FLSA compliance issues.
· Create a supervisors manual.
· Conduct Supervisory training in the areas of documenting discipline, Interview and
Selection and other potential areas of liability.
· Increase community outreach to schools and adult education programs to
proactively reach our future employees and assure a diversified workforce.
· Develop a general guide for employment law issues for supervisors and managers.
· Work with OBA and Departments on position and vacancy forecasting.
· Develop a general guide for employment law issues for supervisors and managers.
The size of our organization will require that we proactively move forward to meet the
Human Resource needs of employees and departments and assure that we protect both
the City and it's employees from potential liability issues.
The Human Resources Operations Manager position will be responsible for interpreting
and implementing MOUs, Civil Service rules and city policies and procedures. The position
will supervise professional staff and oversee the day-to-day responsibilities of the
Operations Division. The Human Resources Operations Manager will spend the majority of
time providing quality control in the recruitment and selection, classification and
compensation functions as well as being the quality control liaison with all the City
departments. The Operations Manager will also be responsible for HRIS and budget
administration and will work closely with staff in developing their skills and working on
process improvement. This will allow us to improve our overall efficiency and service to
departments.
3-2
ITEM '3
MEETING DATE 11/16/04
The new organization of the Human Resources management team will allow the Assistant
Director to directly supervise and manage the overall operation of the entire Human
Resources Department by working very closely with both the Risk Manager and the
Operations Manager as a team. The Assistant Director will now be able to oversee the
entire relationship with the employee from recruitment and selection through benefits and
services to retirement planning and separation. This will allow the Director to focus on
protecting the city from lawsuits, worker's compensation issues, statutory requirements and
the larger departmental and city issues that can potentially cost the City money.
We want to provide consistent customer service and make Human Resources the full
service, one-stop shop for any employee related issue. The collaborative communication
between Risk Management and Operations will take a team approach to providing benefits
and services to employees throughout their career. With the addition of the Human
Resources Operations Manager the department can establish a proactive employee
approach that will provide the appropriate staff contact from the department, to assure
employee needs are met throughout their career, regardless if it is a Risk Management or
Operations issue.
The reinstatement of the Human Resources Operations Manager will bring us back up to
full compliment of 24.5 positions. The Operations Manager position will be responsible for
the smooth day-to-day operations of half of the Human Resources Department. This will
allow the Director and Assistant Director to stay current with issues in departments and
spend more time with Department Heads, Division Managers and Bargaining Unit
Representatives to resolve unique and time consuming personnel matters and focus on
long-term needs and goals.
FISCAL IMPACT:
The net impact to the General Fund in fiscal year 2005 will be $75,190. The on-going
fiscal impact of this position will be $147,612. Since ongoing resources have not yet
been identified to fund this ongoing expense, approval of this action may require
offsetting budget reductions in future years.
3-3
. "---"._-'---~"---'.__.- ------~-
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ADDITION OF ONE
UNCLASSIFIED AT-WILL POSITION TO THE HUMAN
RESOURCES DEPARTMENT AND APPROPRIATING FUNDS
THEREFORE
.
WHEREAS, in September 2000, Council approved the Human Resources
Operations Manager based upon advice and support of the Assistant City Manager over Human
Resources; and
WHEREAS, in February 2003, the Human Resources Department experienced a
reorganization, which resulted in the elimination of this position; and
WHEREAS, the original justification for creating this position still exists today
and is compounded by the growth of the City; and
WHEREAS, Human Resources Operations Manager position will spend the
majority of time providing quality control in the recruitment and selection, classification and
compensation functions as well as being the quality control liaison with all the City departments;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby authorize the addition of one unclassified at-will position to the Human
Resources Department and appropriating funds therefore.
Presented by Approved as to form by
. ~~~'\~~\
Marcia Raskin Ann Moore
Director of Human Resources City Attorney
J:\attorney\reso\classification\Human resources operations manager
1
3-4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 2.05.010 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT
OF UNCLASSIFIED POSITIONS TO ADD THE POSITION
OF HUMAN RESOURCES OPERATIONS MANAGER
WHEREAS, Council originally approved the Human Resources Operations
Manager position in September 2000 based upon the advice and support of the
Assistant City Manager over Human Resources; and
WHEREAS, in February 2003, the Human Resources Department experienced a
reorganization, which resulted in the elimination of the position; and
WHEREAS, the original justification for creating this position still exists toady and
is compounded by the growth of the City; and
WHEREAS, the Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the
Council.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.010 Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of
the Charter of the city, there are established the unclassified positions entitled deputy
city manager, administrative services manager, deputy fire chief, assistant fire chief,
assistant chief of police, assistant director of finance, assistant director of budget and
analysis, fiscal operations manager, funds development strategic planning manager,
purchasing agent, treasury manager, assistant director of human resources, director of
employee development, risk manager, assistant director of public works and operations,
assistant director of building and housing, deputy building official, building services
manager, building and park construction manager, parks and open space manager,
assistant director of recreation, housing coordinator, real property manager, transit
coordinator, assistant director of community development, community relations
manager, Western Chula Vista development manager, traffic engineer, deputy director
of engineering, assistant library director, chief learning officer, director of
communications, police captain, director of conservation and environmental services,
J:lAttomeylOrdinancelUnclassified Position Ord. 11 1604.doc
Page 1 of 2
3-5
__u._ ------- -~--'" --.,.."."-.------.--.
deputy director of planning, assistant director of planning, special planning projects
. manager, general plan project manager, chief of staff, constituent services manager,
community liaison (assigned to the Office of the Mayor and City Council), human
resources operations manager, California border alliance group deputy executive
director, California border alliance group budget manager, California border alliance
group methamphetamine strike force coordinator, California border alliance group
network administrator, California border alliance group operationslintelligence
coordinator, California border alliance program manager, California border alliance
group program analyst, California border alliance group management assistant, and
California border alliance group network assistant.
. SECTION II: This ordinance shall take effect and be in full force and effect upon
its second reading and adoption.
Submitted by: Approved as to form by:
~,~~~
Marcia Raskin Ann Moore
Director of Human Resources City Attorney
J:AttomeylOrdinancesJUnclassified position ord 111604
J:\Attorney\Ordinance\Unc1assified Position Ord. 11 16 04.doc
Page 2 of 2
3-6
COUNCIL AGENDA STATEMENT
Item 4
Meeting Date 11/16/04
ITEM TITLE: Resolution Approving the Final Map of San Miguel Ranch
Planning Area "A", Chula Vista Tract No. 99-04,and the associated
improvement agreements
SUBMITTED BY: Director of General Services/City Engineer .::sA;
REVIEWED BY: City Manager&1t- 1;// (4/5ths Vote: Yes - No X )
p<'
San Miguel Ranch Planning Area "A" is comprised of 120 condo units located east of the
intersection of Proctor Valley Road and Mount Miguel Road. The Tentative Map was approved
Febmary 29,2000 (Resolution No. 2000-068) and amended on December 17,2001 (Resolution
No. 2001-453). Council will now consider approval of the Final Map and associated
improvement agreements.
RECOMMENDATION: That Council adopt the resolution.
BOARDS AND COMMISSIONS: Not applicable.
DISCUSSION:
San Miguel Ranch Planning Area "A" is a 7.227-acre condominium project of one lot and 120
units. The project includes private streets and two entrances, one from Proctor Valley Road and
one from Mount Miguel Road through the adjacent commercial site (see Attachment 1 for a
location plat).
The developer, Trimark Pacific Mar-Brisas, LLC, has paid all applicable fees including parkland
development fees of $336,360. The site also satisfies certain affordable housing requirements as
fi.lrther detailed in the affordable housing agreement for San Miguel Ranch. As such, the
building permits are excluded from Agreement for Monitoring Building Permits dated April 15,
2003 and approved by Resolution No. 2003-166.
Final Map: The Final Map has been reviewed by City staff and found to be in substantial
conformance with the approved Tentative Map. Council approval of the Final Map will
constitute acceptance by the City of the sight visibility easement shown on the map. All streets
and utilities are private.
Associated Agreements: In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
1. Subdivision Improvement Agreement: Requires the Developer to complete the
improvements required by said Subdivision. Security bonds have been provided,
guaranteeing the completion of all monumentation required by the Municipal Code.
4-1
--._,..-_._.~.-.... ---" ~"-'''-------.--.---..... .
Page 2, Item 1-
Meeting Date 11/16/04
2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled
conditions of the Tentative Map approved by Resolution No. 2000-068 and the
Amendment to the Tentative Map approved by Resolution No. 2001-453. These
conditions will remain III effect until completed by the developer and/or their
successors( s) in interest.
The above agreements have been reviewed by staff, and approved as to form by the City
Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements. A fiscal analysis was
completed during the initial entitlement and it showed that this project has mitigated its fiscal
impact on the City.
Attachments:
Attachment 1: Plat of Planning Area "A". Chula Vista Tract No. 99-04
Attachment 2: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
TA File No. SM-21F
J:\EngineerILANDDEV\ProjectsISan Miguel RanchINeighborhood AlAI 13 - Draftl T Aa.doc
4-2
CHULA VISTA TRACT NO. 99-04
SAN MIGUEL RANCH ATTACHMENT /
PLANNING AREA "A"
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PlANNING 10179 Huenneken~ Street
ENQNEERINC San Diego, Ca 91121
SURVEYING PH(858)55a-45IJO- FX(858)SS8-1414
R:\0464\&Map\fXH FM PA A COUNCIL.OWer IS91]Sep-24-2004:09JS-_3 W.O. 2091-39
- _._----_._._~---~._-"' ---_.~-_.-
City of Chula Vista Disclosure Statement ATTACHMENi_ ¿
Pursuant to Council Policy 101-01, prior to any action upon matters that will reqillre discretionary action by the
Council, Plarming Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be
filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g.,~, applicant, contractor, subcontractor, material supplier.
:&n.pV.;.A.I Hl2h//2#'.
OL~IV T Cw'\.. t2. 5ÏÆI.II2A.!ii011
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2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
5 T~.oAA/V Jt(1)fi7i¥l_
.
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3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the
trust.
;JP
4. Please identifY every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
:"5TÃII ~)¡iJ A ~ ~:s 1.iJ/l_
M/~HA4 ~PI JV'ft Jj..¡-
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5. Has any person * associated with this contract had any financial dealings with an official ** of the City of
Chula Vista as it relates to this contract within the past 12 months? Yes_No~
4-4
----------..--"---..---
IIYes, briefly describe the nature of the financial interest the official"" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? N~s _ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official"" of the City ofChula
Vista in the past twelve (12) mo~s includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes _ N
If Yes, which official"" and what was the nature of item provided.
Date: //-/-ð /' ~~
.
Ú j //;/1'/1{ ~~¡Vt7h-
Print or type namtof Contractor/Applicant
" Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district,
or other political subdivision, -or any other group or combination acting as a unit.
"" Official includes, but is not limited to: Mayor, Council member, Plamring Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
4-5
RESOLUTION NO. 2004-
-
RESOLUTION APPROVING THE FINAL MAP OF SAN MIGUEL RANCH
PLANNING AREA "A", CHULA VISTA TRACT NO. 99-04, AND THE
ASSOCIATED IMPROVEMENT AGREEMENTS.
WHEREAS, the developer, the Trimark Pacific Mar-Brisa, LLC, has submitted a final
map for San Miguel Ranch Planning Area "A"; and,
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
facilities associated with the project; and,
WHEREAS, the developer have executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining Tentative Map conditions approved by City Council Resolution
No. 2000-068 and amended with Resolution No. 2001-453.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 99-04, San Miguel Ranch
Planning Area "A", and more particularly described as follows:
Being a subdivision of a portion of Lot 11 and a portion of Lot 12 of Chula Vista
Tract No. 99-04, San Miguel Ranch, Phases 1,2, & 4, "A" Map No.1, in the City
of Chula Vista, County of San Diego, State of California, according to map
thereof no 14261, filed in the office of the County Recorder of San Diego County
on, August 21 2001. Said land is also shown and depicted as parcel "B" of City of
Chula Vista Adjustment Plat No. 04-09 on file in the office of the City Engineer
of the City of Chula Vista.
Area: 7.227 Acres No. of Lots: 1
Numbered Lots: 1 Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of
Chula Vista the sight visibility easement, all as granted on said map within this subdivision,
subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that those certain easements, as granted thereon and
shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as
herein above stated.
BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit
said map to the Clerk of the Board of Supervisors of the County of San Diego.
4-6
-- - -."-. ""_.__n_
Resolution 2004-XXX
Page 2
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement for
the completion of improvements in said subdivision, a copy of which shall be kept on file in the
office of the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
~{.~
Jack Griffin Ann Moore
Director of General Services City Attorney
4-7
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
DC-- 7. H-.
Ann Moore
City Attorney
Dated: ".,()-Ç)~
Subdivision Improvement Agreement between
The City ofChula Vista and TriMark Pacific - Mar Brisas, LLC
For San Miguel Ranch Planning Area "A", Chula Vista Tract No. 99-04
4-8
_...,-_.._..__."._.~-_....__.-.,
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency ofless than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of, 2004, by and between
THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and
TRIMARK PACIFIC - MAR BRISA, LLC, a California Limited Liability Company, 613 West
Valley Parkway, Suite 200 Escondido, California, 92025, hereinafter called "Subdivider" with
reference to the facts set forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
SAN MIGUELRANCH PLANNING AREA "A" (CVT 99-04) pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18
of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision
map; and
WHEREAS, the Code provides that before said map is fmally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
-1-
4-9
-...- -.-.--....-"."--'"'.
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the improvement work required by City in
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map and amendment to said tentative map of said subdivision has
heretofore been approved, subject to certain requirements and conditions, as contained in
Resolutions No. 2000-068, and 2001-453, approved on the 29th day of February, 2000, and on
the 17th day of December, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer, as
identified under permit number SM-021 C.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and .
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
-2-
4-10
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of ChuIa Vista, and the laws of the State of Califonlla applicable to said
work.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR
THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($4;500.00) to secure the
installation of monuments, which security is attached hereto, marked Exhibit "A" and made a
part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the ChuIa Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
-3-
4-11
~.,-_..._.~ .__..._....---~----
subdivision. It is further understood and agreed that Subdivider shall guarantee all
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adj acent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability . Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in hislher sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in hislher sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
-4-
4-12
SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
SAN MIGUEL RANCH PLANNING AREA "A"
(CVT 99-04)
IN WI1NESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year fIrst hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
-5-
4-13
.'. '-- .,....-- ..-.-.........-. -. --_._--~---,--_._._--~--_.--
SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
SAN MIGUEL RANCH PLANNING AREA "A"
DEVELOPERS/OWNERS:
DEVELOPERS/OWNERS:
Trimark Pacific - Mar Brisa, LLC, A California Limited Liability Company
By: TPH, LLC, A California Limited Liability Company, Its Member-Manager
By: Trimark Ventures, Inc., A California Corporation, Its Member
~~l
By: ) \
Stephen . Hester, Executive Vice President
By:
(Attach Notary Acknowledgment)
-6-
4-14
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
-
State of California } ss.
County of Oytt\o\.Y_/
On \ l 1\ Di.,.1 vI~~~i:£~iL{¡'liL
personally appeared
~rSOnallY known to me
proved to me on the basis of satisfactory
Ifj" :o:2.;~~.;~-1 evidence
to be the person¥ whose nam~ is/at'e"
,,; NotclY P:.Jblic . Ca.UtornkI subscribed to the within instrument and
Orange County acknowledged to me that he/sFla'tl ,....J executed I
MyComm. ExpIreoApr30. the same in hjs~I/'IIf:tlr authorized
capacity(iaSf, and that by his/bl/lIlt=lr
- - -~ signature\8j'Õn the instrument the perso~r
. - - - - : ~~AAO the entity upon behalf of which the person~
. ~~ -""- ¡ acted, executed the jnstrument.
COwl P\&1IC ~ ca\dC)ØWa
~ _ ~~3D:~
'..
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the oocument and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document I
litle or Type of Document:
Document Date: Number of Pages:
I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Top of thumb here
o Corporate Officer -litie(s):
o Partner - 0 Limited 0 General
o Attomey·in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer is Representing:
01999 Nallonal NotB.ry Asaociatlon' 9350 De SQto Ave.. P.O. Sox 2402· ChllltsWOr1l1, CA 91313-2402· www.nallol1lÚl1owy.arg Prod. No. sear Reordlllr:CalITall-Frael-8OO-876-aB27
4-15
~.__."-,+-_._.._,--^--,-
LIST OF EXHIBITS
Exhibit "An Improvement Security - Monuments:
Form: Bond
Amount: $ 4,500.00
.
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
-7-
4-16
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
cD c.- 7. {-f.--
Ann Moore
City Attorney
Dated: " -I" - ø'f
San Miguel Ranch Neighborhood "A" Final Map
Supplemental Subdivision Improvement Agreement
Between the City of Chula Vista and
Trimark Pacific - Mar Brisas, LLC
4-17
-------..
RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is )
a conveyance to a public agency )
of less than a fee interest for )
which no cash consideration has )
been paid or received. )
)
)
)
Developer )
)
Above Space for Recorder's Use
SAN MIGUEL RANCH NEIGHBORHOOD "A" FINAL MAP
SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT
(Conditions 10, 12, 15, 17,40,57,90,93,103,109,136,156,178,179, and 187)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
_day of_, 2004, by and between THE CITY OF CHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and Trimark Pacific - Mar Brisa, LLC, A California
Limited Liability Company, ("Developer" or "Grantor"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Attachment "A" attached hereto and incorporated
herein ("Property"). The Property commonly known as Neighborhood "A" of San Miguel Ranch
is within approved Tentative Subdivision Map Chula Vista Tract 99-04, San Miguel Ranch, City
4-18
......-....-..--.........---- -.--.--
Of Chula Vista, California (Resolution No. 2000-068 on February 29, 2000 the "Resolution" and
Resolution No. 2001-453 on December 17, 2001 the "Amendment"). For purposes of this
Agreement the term "Project" shall also mean "Property".
B. Developer and/or Developer's predecessor in interest has applied for and the City
has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 99-04 San
Miguel Ranch ("Tentative Subdivision Map") for the subdivision of the Property and adjacent land.
C. The City has adopted Resolution No. 2000-068 pursuant to which it has approved
the Tentative Subdivision Map subject to certain conditions as more particularly described in the
Resolution.
D. The City has adopted Resolution No. 2001-259 pursuant to which it has approved
the San Miguel Ranch Phases 1, 2, and 4 Supplemental Subdivision Improvement Agreement - A
. Map ("Previous Agreement") which touched and concerned the Property.
E. On January 12, 2004, the City's Design Review Committee approved case no.
DRC-04-07 subject to certain conditions.
F. City is willing, on the premises, security, t=s and conditions herein contained, to
approve the final map for which Developer has applied as being in substantial conformance with
the Tentative Subdivision Map described in this Agreement. Developer understands that
subsequent fmal maps may be subject to the same security terms and conditions contained herein.
. G. The following defined terms shall have the meaning set forth herein, unless
otherwise specifically indicated:
a. "Developer" means the person, persons or entity having a legal or an equitable interest
in the property or parts thereof and includes Developer's successors-in-interest and assignors of
any property within the boundaries of the map. This includes Trimark Pacific - Mar Brisa,
L.L.C., A California Limited Liability Company and any and all owners of real property within
the boundaries of the Property, and all signatories to this Agreement.
b. "Guest Builder" means those entities obtaining any interest in the Property or a portion
of the Property, after the fmal map has been recorded.
c. "PFFP" means the Public Facilities Financing Plan adopted by Resolution No. 19631 on
October 19, 1999 and as may be amended from time to time.
2
4-19
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon and
inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property as described on Attachment "A" until released by the mutual consent of the parties. For
the purposes of this Agreement the "Developer" shall also mean "Applicant"
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns
and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the community and other parties
public or private, in whose favor and for whose benefit of such covenants running with the land
have been provided without regard to whether City has been, remained or are owners of any
particular land or interest therein. If such covenants are breached, the City shall have the right to
exercise all rights and remedies and to maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of
this agreement and the covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any portion
of the Project to a Guest Builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the Guest Builder,.provided
Developer obtains the prior written consent of the City to such release. Such assignment to the
Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement
shall remain a covenant running with the land. The City shall not withhold its consent to any
such request for a release so long as the assignee acknowledges that the Burden of the Agreement
runs with the land, assumes the obligations of the Developer under this Agreement, and
demonstrates, to the satisfaction of the City, its ability to perform its obligations under this
Agreement as it relates to the portion of the Project which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of the
Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction of the City
and such partial release will not, in the opinion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
3
4-20
...._~------ "..-......---,.-.-
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
. i. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association;
iii. The conveyance of a school site as identified in the SPA Plan to a school
district;
The City shall not withhold its consent to such release so long as the City [mds in
good faith that such release will not jeopardize the City's assurance that the obligations set forth
. in this Agreement will be performed. At the request of the Developer, the City Manager (or
Manager's designee) shall execute an instrument drafted by Developer in a recordable form
acceptable to the City Manager (or Manager's designee), which conf"¡rms the release of such lot
or parcel from the encumbrance of this Agreement.
Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or
parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the
encumbrance hereof.
2. Condition No. 10 - (General Preliminary) In satisfaction of Condition No. 10 of the
Resolution, the Developer agrees that if any of the terms, covenants or conditions contained
herein shall fail to occur or if they are, by their terms, to be implemented and maintained over
time, if any of such conditions fail to be so implemented and maintained according to their terms,
the City shall have the right to revoke or modify all approvals herein granted including issuance
of building permits, deny, or further condition the subsequent approvals that are derived from the
approvals herein granted, institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. The Developer shall be notified 10 days in
advance prior to any of the above actions being taken by the City and shall be given the
opportunity to remedy any deficiencies identified by the City within a reasonable and diligent
time frame.
3. Condition No. 12 - (General Preliminary) In satisfaction of Condition No. 12 of the
Resolution, the Developer agrees that the Developer shall indemnify, protect, defend and hold the
City harmless from and against any and all claims, liabilities and costs, including attorney's fees,
arising from challenges to the Environmental Impact Report FSEIR 97-02 the CEQA Findings of
Fact and the Mitigation Monitoring and Reporting Program for the San Miguel Ranch Project in
accordance with the requirements, provisions and schedules contained therein, and as further
specified in these conditions for the Project and any or all entitlements and approvals issued by
the City in connection with the Project.
4. Condition No. 15 - (General Preliminary) In satisfaction of Condition No. 15 of the
Resolution, the Developer agrees that prior to approval of each final Map, the Developer agrees
to implement, to the satisfaction of the Director of Planning and Building and the Environmental
4
4-21
Review Coordinator (ERC), all applicable mitigation measures identified in FSEIR 97-02, the
CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program for the San
Miguel Ranch Project in accordance with the requirements, provisions and schedules contained
therein, and as further specified in these Tentative Map conditions. Modification of the sequence
of mitigation shall be at the discretion of the Director of Planning and Building and the ERC
should changes in circumstances warrant such a revision.
5. Condition No. 17- (General Preliminary) In satisfaction of Condition No. 17 of the
Resolution, The Applicant shall comply with all applicable requirements of the California
Department of Fish and Game, the California State Water Resources Control Board, the U.S.
Department ofFish and Wildlife, and the U.S. Army Corps of Engineers as to the Project.
6. Condition No. 18 - (General Prellminary) In satisfaction of Condition No. 18 of the
Resolution, the Developer agrees that prior to approval of the fIrst Final Map for the Project, the
Applicant shall have submitted and received approval by the Director of Planning and Building
and the City's Fire Marshall of a Brush Management Program for the Project. Approval of
additional Final Maps may require amendments or additions to the Brush Management Program.
The Brush Management Program shall comply with the following:
a. The areas indicated for brush management activities must be within the boundaries
of the areas previously proposed for grading within FSEIR-97-02. To the extent
that brush management areas extend beyond said grading boundaries, additional
environmental review and mitigation may be required as determined by the Director
of Planning and Building and the ERC.
b. Applicant's Brush Management Program shall comply with the provisions of the
Multiple Species Conservation Program (MSCP) Subarea Plan, including but not
limited to the requirement of up to a ISO-foot setback from structures to the
Preserve boundary with a 10-foot fIre access, or as required by the by the Director
of Planning and Building and the ERC subject to the City's ordinances and policies.
The Brush Management Program shall also address buffer areas, types of fencing,
and all other pertinent matters in areas surrounding or abutting the project's Otay
Tarplant preserves.
c. If Applicant so requests, pursuant to the MSCP Subarea Plan, site-specifIc waivers
or project-level design methods to reduce fire setback requirements may be
considered by the City Fire Marshall and approved at the City Fire Marshall's sole
discretion.
d. As necessary, and prior to the approval of the Brush Management Program, the
Applicant shall obtain written consent .from other property owners to conduct brush
management activities on adjacent, off-site lands which are within the required
brush management zones as reflected in the Brush Management Program.
(planning, Fire)
5
4-22
-..---.--..-- ~-----~._-_-.--
· Applicant shall, where practical and as determined by the Director of Planning and
e.
Building and the ERC, incorporate plant species listed in the "Urban Wildlife
Interface Guidelines" for planting within and adjacent to fuel modification zones.
7. Condition No. 40 - (ADA Standards). In satisfaction of Condition No. 40 of the
Resolution the Developer agrees that in the event the Federal Government adopts "Americans
with Disabilities Act" ("ADA") standards for street rights-of-way, which are in conflict with the
· standards and approvals contained herein, all such approvals conflicting with those standards
shall be updated to reflect those standards. Unless otherwise required be federal law, City ADA
standards may be considered vested, as determined by Federal Regulations, only after
construction has commenced.
8. Condition No. 90 - (Building Permits). In partial satisfaction of Condition No. 90,
the Developer agrees to the following:
a. That the City may withhold building permits for the Property if any one of the
following occur:
(i). Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
(ii). Traffic volumes, levels of service, public utilities and/or services
exceed the adopted City threshold standards in the then effective Growth
Management Ordinance.
(iii). The required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have not been completed or constructed
to satisfaction of City. The Developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the
City's Director of Planning and Building and the Public Works Director.
b. To defend, indemnify and hold harmless the City and its agents, officers
and employees, from any claim, action or proceeding against the City, or its agents,
officers or employees, to attack, set aside, void or annul any approval by the City,
including approval by Planning Co=ission, City Councilor any approval by its agents,
officers or employees with regard to this Property pursuant to Government Code Section
66499.37 of the State Map Act provided the City promptly notifies the Developer of any
claim, action or proceeding and on the further condition that the City fully cooperates in
the defense.
c. To ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and provide cable television
6
4-23
·
service to each lot within the subdivision. Developer agrees that City of Chula Vista may
grant access to cable companies franchised by the City of Chula Vista to place conduit
within the City's easement situated within the Project. Developer shall restrict access to
the conduit to only those franchised cable television companies who are, and remain in
compliance with all other rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same may have been, or may
from time to time be issued by the City of Chula Vista.
d. That the City may withhold the issuance of building permits for the
Project, should the Developer be determined by the City to be in breach of any of the
terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall
provide the Developer of notice of such determination and allow the Developer
reasonable time to cure said breach.
e. To hold the City harmless from any liability for erosion, siltation or
increase flow of drainage resulting from this project.
9. Condition No. 93 - (previous Agreements). In satisfaction of Condition No. 93 of
the Resolution, the Developer shall comply with all previous agreements as they pertain to this
tentative map including the Agreement for Monitoring Building Permits, Resolution No. 2003-
166, dated April 15, 2003; Indemnification agreement between the City ofChula Vista and NNP-
Trimark, Resolution No. 2000-483, dated December 19, 2000; and the Annexation Agreement,
Resolution No.2000-481, dated December 19, 2000, Concerning the Conservation and Biological
Mitigation Program for the Implementation of the San Miguel Ranch Sectional Planning Area
Plan and Tentative Tract Map by and between City, Agencies and NNP- Trimark.
10. Condition No. 103 - (DG Walkways free from obstacles). In partial satisfaction of
Condition No. 103 of the resolution, the Developer hereby acknowledges and agrees that there
shall be no vertical obstacles or any obstructions such as public utility vaults, boxes, etc. placed
within the decomposed granite (D. G.) walkways within the Project. In the event of any such
obstruction placed within the walkways, Developer agrees to immediately remove such
obstructions.
11. Condition No. 109 - (Open Space Walls). In partial satisfaction of Condition No.
109, the Developer agrees. that walls which are located within the open space maintenance
district shall have owners of adjoining lots sign a statement when purchasing their homes that
they are aware that the wall is on Open Space property and that they may not modify or
supplement the wall or encroach onto Open Space property. Developer further agrees that these
restrictions shall also be reflected in the CC&R's for each lot, and a copy of said restrictions shall
be provided to the City for its approval.
12. Condition No. 136 - (Landscape and Irrigation). In partial satisfaction of
Condition No. 136, the Developer agrees to prepare, submit and obtain the approval, in
accordance with the Chula Vista Landscape Manual and Sections V-IS, Design Guidelines of the
San Miguel Ranch SPA, of landscape and irrigation plans for the Project to the satisfaction of the
7
4-24
______________..._ ___.·0··.·.
.
Director of Planning and Building. Developer further agrees to construct all improvements on
said plans and has provided a security in an amount as listed in Attachment "B" for said
construction.
13. Condition No. 156 - (Landscaping Plans). In partial satisfaction of Condition No.
156 of the Resolution, Developer shall provide a landscaping plan for the Property, prior to
issuance of the first building permit for the Property, showing that all single family residential
. lots have been designed to accommodate a 5Yz' X 5Y:z' (30.25 sq. ft.) tree planting area within the
street tree easement clear of utility lines, boxes, and similar obstructions.
14. Condition No. 171 (Fire). In satisfaction of Condition No. 171 of the Resolution, the
Developer agrees to install fIre hydrants every 300 ft. for multi-family residential, to install and
make operable the hydrants prior to delivery of combustible building materials, and comply with
Chula Vista Fire Department Policy No. 2916.00, as amended from time to time, to the
satisfaction of the City Fire Marshal.
15. Condition No. 178 (Noise Levels) In partial satisfaction of Condition No. 178 of the
Resolution, the Developer shall design all dwelling units to preclude interior noise levels over 45
dBA and shield all exterior private open space to limit noise exposure to 65 dBA.
16. Condition No. 179 - (National Pollutant Discharge Elimination System). In partial
satisfaction of Condition No. 179 of the Resolution, the Developer shall comply with all
applicable regulations established by the United States Environmental Protection Agency
(USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.)
permit requirements for urban runoff and storm water discharge and any regulations adopted by
the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the
Developer shall file notice of intent with the State Water Resources Control Board to obtain
coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with
Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP)
concurrent with the commencement of grading activities.
17. Condition No. 187 - (Withhold Building Permits). In partial satisfaction of
Condition No. 187 of the Resolution, the Developer acknowledges that the City may withhold
building permits for any of the phases of development identifIed in the Public Facilities
Financing Plan (PFFP) if the required public facilities, as identified in the PFFP or as amended or
otherwise conditioned, have not been completed or constructed to the satisfaction of the Director
of Planning and Building.
18. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 10, 12,
15, 17,40,57,90,93,103, 109, 136, 156, 178, 179, and 187, of the Resolution. Developer
further understands and agrees that some of the provisions herein may be required to be
performed or accomplished prior to the approval of other fInal maps for the San Miguel Ranch
Tentative Map, as may be appropriate.
S
4-25
19. Previous Agreement. This Agreement shalJ not supersede the Previous Agreements.
The terms and conditions of the Previous Agreements remain in full force and effect concerning
the Proj ect.
20. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Map.
21. Building Permits. Developer and Guest Builders acknowledge and agree that the
City may withhold the issuance of buiJding permits for the Project, should the Developer be
determined by the City to be in breach of any of the terms of this Agreement. The City shall
provide the Developer of notice of such determination and allow the Developer with reasonable
time to cure said breach.
22. Assignablity. Upon request of the developer, any or all on-site duties and obligations
set forth herein may be assigned to deveJoper's successor in interest if the City manager in
his/her sole discretion determines that such an assignment will not adversely affect the City's
interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit
a substitution of securities by the successor in interest in place and stead of the original securities
described herein so long as such substituted securities meet the criteria for security as set forth
elsewhere in this agreement. Such assignment will be in a form approved by the City Attorney.
23. Implement Previously Adopted Conditions of Approval Pertinent to Project.
The Project shall comply, remain in compliance, and implement the terms, conditions, and
provisions, as City determines are applicable to the Property which is the subject matter of this
Agreement, of J) San Miguel Ranch Tentative Tract Map (CVT 99-04), previously approved by
City Council Resolution No. 2000-068 on February 29, 2000 and 2) San Miguel Ranch Phase I,
II, and IV Final Map Supplemental Subdivision Improvement Agreement, which was approved
by Resolution No. 200J-259 on August 7, 2001.
24. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered, and received when
personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt
requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph by giving written notice of such
change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
9
4-26
-- ....._--------_._~--'"_...-
.
Developer:
.
Trimark Pacific - Mar Brisa, LLC
613 West Valley Parkway, Ste 200
Escondido, CA 92025
A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of
reference and do not defme, describe or limit the scope or intent of this Agreement or any of its
terms.
c. Entire Agreement. This Agreement contains the entire agreement between
the parties regarding the subject matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no force and effect. This Agreement is
not intended to supersede or amend any other agreement between the parties unless expressly
noted.
d. Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting this Agreement.
e. Recitals; Attachments. Any recitals set forth above and Attachments hereto
are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled
to a judgment against the other for an amount equal to reasonable attorney's fees and court costs
incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the
relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
10
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[PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH NEIGHBORHOOD "A"
FINAL MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City ofChula Vista
Attest:
Susan Bigelow
City Clerk
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
11
4-28
....._.~---_._~_._._._.__.-.
[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDMSION
IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH NEIGHBORHOOD "A"
FINAL MAP]
.
DEVELOPERS/O\VNERS:
Trimark Pacific - Mar Brisa, LLC, A California Limited Liability Company
By: TPH, LLC, A California Limited Liability Company, Its Member-Manager
By: Trimark Ventures, Inc., A California Corporation, Its Member
. By ~~~-
Stephen E. ester, Executive Vice President
By:
12
4-29
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
State of California } 55.
County of Ortl-Vlrv
On It /7 I b V( before me, J . vfo.. vJ VlO+tLVL Pill? 11l-J
D.~ %t h-¿V\. ç. 'j1i'~e.g"'JanIDo.,ota:yF'l,IbIlC'1
personally appeared
N~gner(s)
personally known to me
o proved to me on the basis of satisfactory
- ~ - ... - - .,_......~~_fIII>,..~ ~ t evidence
t ".."PD
-~ ,~m""'" ""M j to be the perso~ whose name¡¡r Islare-
-. Notary Public· California _
i · o.ange county i subscribed to t e within instrument and
acknowledged to me that he/sfle/tt!eÿ"executed
i- _ _ ~~m:..~_~30.:.~7 the same in his/~ authorized
capacity(iðŠf, and that by his/h,eJ:l.!llei<
signature(~ the instrument the person~or
J WAAD the entity upon behalf of which the person(s.J-
~, '41246& t acted, executed the instrument.
~ comm p\ÞIC _ cQIIOIIIID _ ~
~ :::~~....ft,
OPTIONAL
Though the infolTTlatÎon below is not required by law; it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
litle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual Tap of thumb here
D Corporate'Officer -litle(s):
D Partner - 0 Limited D General
D Attomey-in-Fact
D Trustee
D Guardian or Conservator
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Signer Is Representing:
c 1999 NatIonaj NolBI'f Association· 9350 D8 Soto Ave" P.O. Box 2402· Chalsworth, CA 91313-2402· -w.llationalnotaty.org PIOli No. 5907 Aeorder:CaØTo¡¡"Frøe1-800-a76-6827
4-30
-- ~.~--- -------------..
· ATTACHMENT "A"
LEGAL DESCRIPTION OF PROPERTY
PLANNING AREA "A"
LOTS 1 OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH - PLANNING
AREA "A" MAP, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. . FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON, .2004
AS INSTRUMENT NO.
4-31
J:\Engineer\LANDDEV\Projects\San Miguel Ranch\Neighborhood A\SSlA for NEIGH A Draft 2.doc
4-32
.'.----- - ---...
COUNCIL AGENDA STATEMENT
Item: 6
Meeting Date: 11/16/04
ITEM TITLE: Resolution approving a Design Build Agreement with T.C.
Construction Company, Inc. for the provision of services required to
design and construct the Poggi Canyon Trunk Sewer / Upgrade of Reach
205 project (CIP No. SW-226) and authorizing the Mayor to execute said
agreement.
SUBMITTED BY: Director of General Services @
REVIEWED BY: CitYManager~(¿' vI" (4/Sths Vote: Yes _ NoXJ
.f<'
The City Council previously approved CIP project SW -226 which involves the construction of a
completed and fully functional tunneled / open-excavation trunk sewer line that will upgrade
Reach 205 of the Poggi Canyon Trunk Sewer. The project is ready to begin the design phase.
The resolution before council this evening will award T.C. Construction Company, Inc. a Design
Build Agreement for the Poggi Canyon Trunk Sewer / Upgrade of Reach 205 project (CLP No.
SW-226).
RECOMMENDATION: That the City Council approve a Design Build Agreement with T.C.
Construction Company, Inc. for the provision of services required to design and construct the
Poggi Canyon Trunk Sewer / Upgrade of Reach 205 project (CIP No. SW-226) and authorize the
Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
On May 12, 2004 the General Services Department issued an RFP for Design Build Services to
assist staff in the work required to design and construct the Poggi Canyon Trunk Sewer /
Upgrade of Reach 205 project. On June 18,2004 the City received two (2) proposals in response
to the RFP. A selection committee, appointed by the City Manager, comprised of Matt Little,
Building and Parks Construction Manager, Kirk Ammerman, Senior Civil Engineer, Anthony
Chukwudolue, Civil Engineer, Roberto Yano, Civil Engineer and Greg Tscherch, Assistant
Engineer reviewed and evaluated the proposals. After reviewing the proposals submitted by the
two (2) firms, interviews were scheduled for both of the firms. The two (2) firms were Balboa
Construction, Inc. and T.C. Construction Company, Inc. The selection committee conducted
interviews with the firms. The interview process and evaluation was based on nine (9) categories
5-1
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Page 2, Item: S
Meeting Date: 11/16/04
of evaluation. T.C. Construction Company, Inc. was selected unanimously as the most qualified
firm and had the most cost effective proposal.
DESIGN/BUILD
Staff is recommending the City enter into an agreement with T.C. Construction Company, Inc.
for the provision of services required to design and construct the Poggi Canyon Trunk Sewer /
Upgrade of Reach 205 project. This will be the City's first utilization ofthe design/build process
as a project delivery system for an infrastructure Capital hnprovements Program project. The
City overall, however, has employed the Designffiuild process with the construction of several
building and park Capital hnprovement projects. The designlbuild process includes functions
that are quite different from the design/bid/build process typically used for City construction
projects. In the case of the Poggi Canyon Trunk Sewer / Upgrade of Reach 205 project, the
designlbuild process will place sole responsibility for delivery of the project upon T.C.
Construction Company, Inc., a general contractor (Contractor's License No. 402459). T.C.
Construction Company, Inc. will subcontract for the design and consulting services, and trade
contracts during the construction phase.
PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS
As proposed, the Designffiuild Agreement with T.C. Construction Company, Inc. will provide
the City with a fully functional tunneled / open-excavation trunk sewer line that will upgrade
Reach 205 of the Poggi Canyon Trunk Sewer and provide wastewater service to the eastern
territories ofthe City. The scope of work includes, but is not limited to, the following:
Design and construct a completed and fully functional tunneled / open-excavation trunk
sewer line that will upgrade Reach 205 of the Poggi Canyon Trunk Sewer. The trunk
sewer line shall include, but not be limited to, upgrading the existing l8-inch vitrified
clay (V.C.P.) trunk sewer pipe with a newly constructed parallel 27-inch trunk sewer line
encased within a steel sleeve. The 27-inch trunk line will be constructed by the most
feasible tunneling method and technique. The sewer pipe shall traverse beneath the
Interstate 805 freeway and is located within the Poggi Canyon Sewer Basin. The trunk
sewer line shall include, but not be limited to, all components outlined and described in
the RFP. The project site is approximately bounded to the west by the intersection of
Melrose A venue with Talus Street and to the east by the intersection of Oleander Avenue
with Tilia Court in the City of Chula Vista.
T.C. Construction Company, Inc. 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
$325,748.00. At 90% complete documents a Guaranteed Maximum Price (GMP) will be
established as part of the agreement, which will include, but not be limited to, the cost for all
labor, equipment, and material to design and build a fully functional trunk sewer line in
accordance with all applicable codes. A fee of 15% of hard construction costs will be included
within the GMP. Staff will return to Council for approval of the GMP.
S - )....;
Page 3, Item: 5
Meeting Date: 11/16/04
PROJECT COMPLETION DATES
T.C. Construction Company, Inc. has agreed and the contract reflects the following completion
dates:
. Substantial Completion: No later than 240 calendar days after the date of the Notice
to Proceed.
Substantial Completion shall be that stage in the progress of the construction when all
Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City can fully utilize entire Project and public sewage flow is being
accepted by newly installed sewer line; 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 30 calendar days from the date of Substantial
Completion.
Final Completion shall occur at the conclusion of construction when all Work on the
Project is sufficiently complete in accordance with the Construction Documents so that
City can fully occupy and utilize entire project; Final Completion shall further mean that
all goods, services and systems be provided under the terms and conditions of the
Construction Documents are in place and have been tested, and are operationally
functional.
ENVIRONMENTAL STATUS
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the project qualifies for a
statutory exemption pursuant to Section 15282(1) of the State CEQA Guidelines. Thus, no
further environmental review is necessary.
FISCAL IMPACT:
T.e. Construction Company, Inc. shall perform design services, general conditions, and
construction management for the not to exceed amount of $325,748.00. At 90% complete
documents a Guaranteed Maximum Price (GMP) will be established as part of the agreement,
which will include, but not be limited to, the cost for all labor, equipment, and material to design
and build a fully functional trunk sewer line in accordance with all applicable codes. A fee of
15% of hard construction costs will be included in the GMP at 90% complete documents. The
estimated cost for design and construction is $1,250,000.00. Staff will return to Council for
approval of the GMP.
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Page 4, Item: 5
Meeting Date: 11/16/04
Attachments:
Attachment 1 - Vicinity Map
Attachment 2 ~ Designffiuild Agreement
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0: \SOSKPROJ\S.226\Ora.\Flnal\SW226mOI.dwg 04/23/2IXH ",47,10 NJ POT PROJECT FILE #SW-226
DRAWN BY: TITLE: CITY OF CHULA VISTA PREPARED BY:
GR£6 TSCHERCH POGGI CANYON TRUNK SEWER GREG TSCHERCH
DATE: APPROVED BY:
4-23-04 UPGRADE OF REACH 205 ROBERTO YANO
5-£;
-----_._._---~--_.._..-
RESOLUTION NO, 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A DESIGN BUILD
AGREEMENT WITH T.C. CONSTRUCTION COMPANY,
INC. FOR THE PROVISION OF SERVICES REQUIRED
TO DESIGN AND CONSTRUCT THE POGGI CANYON
TRUNK SEWER/UPGRADE OF REACH 205 PROJECT
(CIP NO. SW-226) AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
WHEREAS, the City Council previously approved CIP Project No. SW-226
which involves the construction of a completed and fully functional tunneled/open-excavation
trunk sewer line that will upgrade Reach 205 of the Poggi Canyon Trunk Sewer; and
WHEREAS, this will be the City's first utilization of the designlbuild process as
a project delivery system for an infrastructure Capital hnprovements Program project; and
WHEREAS, in the case of the Poggi Canyon Trunk Sewer/Upgrade of Reach
205 project, the designlbuild process will place sole responsibility for delivery of the project
upon T.C. Construction Company, Inc.; and
WHEREAS, on May 12, 2004 the City issued a request for proposal from
Design Builders for this project; and
WHEREAS, after receiving two proposals, staff evaluated the proposals,
conducted interviews and made the determination that T.C, Construction, Inc. was best
qualified to meet the time and monetary considerations of the City; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that
the project qualifies for a statutory exemption pursuant to Section 15282(1) of the State CEQA
Guidelines, Thus no further environmental review or documentation is necessary,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve a Design Build Agreement with T.C. Construction Company,
Inc. for the provision of services required to design and construct the Poggi Canyon Trunk
Sewer/Upgrade of Reach 205 project (CIP No. SW-226), a copy of which shall be kept on file
in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized to execute said Agreement on behalf of the City of Chula Vista.
5-{,
Presented by Approved as to form by
Jack Griffin tl~~1M
oore
Director of General Services City Attorney
J:\attomey\reso\Desîgn Build Poggi Canyon Trunk Sewer
S~7
---- -------~~-_._--"..__........-
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
f7~!:!õ I/A
City Attorney
Dated: I { I {O /¡j f
Approving the IDesign Build Agreement
With T.C. Construction Company, Inc. for
The provision of services required to design and
Construct the Poggi Canyon trunk Sewer/Upgrade of
Reach 205 Project (CIP No. SW-226)
5'~R
DESIGN/BUILD AGREEMENT
This Agreement is made and entered into this 9th day of November 2004, by and
between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and T.C.
Construction Company, Inc. ("Design Builder or D/B"). City and D/B are sometimes
hereinafter referred to as Parties ("Parties").
RECITALS
WHEREAS, the project, Poggi Canyon Trunk Sewer / Upgrade of Reach 205, is a
new facility to the City, and
WHEREAS, on May 12, 2004, the General Services Department issued a Request
for Proposals (RFP), Pursuant to § 2.57 of the City's Municipal Code, Design Build services
to design and construct the Poggi Canyon Trunk Sewer / Upgrade of Reach 205 project,
and
WHEREAS, two respondents submitted proposals and based upon the review of
each proposal, Design Builder was selected as the respondent who best met the design,
monetary and time criteria of the project with whom City could negotiate an agreement; and
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein:
THE PARTIES AGREE:
Section 1: General Scope of Work to Be Performed bv D/B .
1.1 In accordance with the terms set forth in this Agreement and the RFP for
Design Build Services for the Poggi Canyon Trunk Sewer / Upgrade of Reach 205
project (Exhibit 1), D/B shall design and construct for the City: a completed and fully
functional tunneled / open-excavation trunk sewer line that will upgrade Reach 205
of the Poggi Canyon Trunk Sewer (referred to hereafter as "Project"). The trunk
sewer line shall include, but not be limited to, upgrading the existing 18-inch vitrified
clay (V ,C.P,) trunk sewer pipe with a newly constructed parallel 27 -inch trunk sewer
line encased within a steel sleeve; Exhibit 1 depicts a conceptual scope of work for
the Project. The 27-inch trunk line shall be constructed by the most feasible
tunneling method and technique. The sewer pipe shall traverse beneath the
Interstate 805 freeway and is located within the Poggi Canyon Sewer Basin. The
project site is approximately bounded to the west by the intersection of Melrose
Avenue with Talus Street and to the east by the intersection of Oleander Avenue
with Tilia Court in the City of Chula Vista.
J:\EngineerIDESIGNISw226ISw226 DesignBuild Agreement.doc Page 1 of 47
5--C¡
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1.2 The services to be provided by D/B are generally to be performed in three
"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 shown within Exhibit
1.
1.3 The D/B shall:
1.3.1 Perform all services, work and obligations as described herein for
the Guaranteed Maximum Price (GMP), which shall include Design
Services and General Conditions necessary to provide a fully
completed and functional Project. D/B shall perform all Design
Services and General Conditions for the not to exceed amount of
$317,150.00 as outlined in the Design Build Fee Structure (Exhibit
2). At 90% complete construction documents a GMP will be
established pursuant to Section 13 of this Agreement, which will
include, but not limited to, the cost for all labor, equipment, and
material to design and build a fully functional gravity trunk sewer line
facility in accordance with all applicable rules, regulations, and laws.
The D/B fee shall be 15% of hard construction costs and the bond
cost shall be 2% of hard construction costs. Any costs incurred by
D/B in excess of said GMP shall be the sole responsibility of the
D/B, unless a change order is approved by the City pursuant to
Sections 9 and 14 of this agreement. All funds remaining in the
GMP at the completion of the project shall belong to the City.
1.3.2 Substantial Completion:
Achieve "Substantial Completion" (as defined in §16.1) no later than
240 calendar days from issuance of Notice to Proceed.
1.3.3 Achieve "Final Completion" (as defined in §16.2) No later than
270 calendar days from issuance of Notice to Proceed.
Section 2: General Obliqations of Citv
2.1 City shall be obligated as follows:
2.1.1 Designate a representative (or representatives) who is authorized to
act on behalf of City with respect to the Project, except as to those
decisions specified herein or by law that require authorization by the
Chula Vista City Council;
J:\Engineer\DESIGN\Sw226\Sw226 DesignBuild Agreement.doc Page 2 of 47
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2.1.2 Make decisions with reasonable promptness to avoid delay in the
orderly progress of D/B's services per the Detailed Construction
Schedule (DCS);
2.1.3 Pay for and cause to be completed all necessary environmental
studies and obtain environmental approvals and/or permits with
reasonable promptness to avoid delay to the orderly progress of
D/B's performance per the DCS;
2.1.4 At the request of D/B, City will use its best efforts to provide D/B with
any available information about the Project Site topography, property
lines, right of way lines, easement limits, existing utilities, and field
survey points; 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 timely fashion; however, this
duty to cooperate does not relieve D/B of its primary obligations to
identify, apply for and secure all necessary permits (except as
provided in 2.1.3), licenses and inspections in a timely manner.
2.1.6 Make payments to D/B in the amounts and in accordance with the
terms set forth below.
2.1.7 Issue Certificate of Substantial Completion when City reasonably
determines the Project has achieved Substantial Completion as
defined below in Section 16.1.
2.1.8 Issue a Notice of Acceptance when City reasonably determines the
Project has achieved Final Completion as defined in Section 16.2.
2.2 Citv Review Process. City shall review construction documents (design
drawings and technical specifications) at the following design stages: (1)
50% construction documents (2) 90% construction documents and (3) 100%
construction documents. Said approvals shall be evidenced by written notice
to proceed with each subsequent stage.
2.2.1 For each D/B submission, City shall have fifteen (15) working days
to review, approve, conditionally approve or deny.
Section 3: General Obliaations of D/B
3.1 D/B shall be obligated as follows:
J:\Engineer\DESIGN\Sw226\Sw226 DesignBuild Agreement.doc Page 3 of 47
5-/1
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 ofthe 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 Califomia Fair Employment and Housing Act and all
other State, Federal and local laws including, but not limited to, those
prohibiting discrimination, on account of race, color, national origin,
religion, age, sex or handicap;
3.1.7 Study all applicable laws, codes, ordinances, rules, orders,
regulations, and statutes affecting the Project, including but not
limited to, zoning, environmental, fire and safety codes and
coverage, and lien laws, and comply with them in performance of its
J:\Engineer\DESIGN\Sw226\Sw226 DesignBuild Agreement.doc Page 4 of 47
5-t¿
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services. D/B shall ensure that within the established GMP that the
Project conforms to all applicable federal, state and local laws,
statutes, ordinances, rules, regulations, orders or other legal
requirements, (collectively "Governmental Requirements") existing
as of the date of this Agreement. However, the City recognizes that
Governmental Requirements and their interpretations by
governmental officials ("Code Authority") are often subject to change
at any time. If, after the date of this Agreement, modifications to the
Project are required because of a change in Governmental
Requirements or their interpretation by a Code Authority which had
not previously been given, or which if given, was different than a
prior interpretation of a Code Authority, D/B shall make the required
modifications to comply with the same. However, in the event of
such an occurrence, the GMP and Contract Time may be subject to
an adjustment in accordance with Section 14. Nothing contained in
this paragraph shall relieve D/B of its obligations to modify the
Project at its own expense where D/B has failed to construct the
Project in compliance with Governmental Requirements applicable
as of the date of this Agreement.
3.1.8 Take all reasonable steps during the course of the Project so as not
to interfere with the ongoing operation of the adjacent residences,
construction projects, businesses and facilities, including but not
limited to the following:
3.1.8.1 Not interfere with pedestrian and vehicular access;
3.1.8.2 Control dust and noise in accordance with the provisions in
Section 7-8.1 of the 2000 Edition of the Standard
Specifications for Public Works Construction, City
Ordinances and this Agreement;
3.1.8.3 Coordinate all Project construction with current and future
construction projects within the adjacent area.
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.
J:\EngineerlDESIGN\Sw226\Sw226 DesignBuild Agreement.doc Page 5 of 47
6-/.:3
3.1.10 Replace and restore all existing improvements affected by the
project construction.
3.1.11 To obtain all permits necessary to complete the Project which shall
include, but not limited to, Caltrans encroachment permits, NPDES
permits, and CaIOSHA. 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.
3.1,12 Seek and obtain written approval from the City of the construction
documents (design drawings and technical specifications) for each
of the following stages: (1) 50% construction documents (2) 90%
construction documents and (3) 100% construction documents.
Said approval shall be evidenced by written notice to proceed with
the subsequent stage.
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 the following stages: 50% construction documents and 90%
construction documents. Provide final cost estimate, in four copies,
to the City with Final Construction Documents.
3.1.14 Conduct site surveys, geotechnical investigations, and hydraulic
analyses to the extent necessary for design. Review existing
technical reports relating to the Project site and implement
recommendations as necessary.
3.1.15 D/B shall have their Geotechnical Engineer specify in detail a
maximum size of cobble and soil site conditions that may be
encountered through the limits of the Project within the geotechnical
report; the specified size and soil site conditions shall be detailed to
the satisfaction of the City and subsequent to the geotechnical
investigation for the Project. All tunnel design shall be based
primarily upon the findings of this report.
3.1.16 Be fully responsible for all additive costs, damages, and liabilities
resulting from errors or omissions 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.
J:\Engineer\DESIGN\Sw226\Sw226 DesignBuild Agreement.doc Page 6 of 47
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3.2 D/B agrees to fully assume all risks, and costs associated with such risks, in
performing the services and meeting the obligations under this Agreement.
3.2.1 Unanticipated subsurface site conditions
3.2.1.1 City assumes risks for unanticipated subsurface site
conditions provided D/B notifies City in writing within five (5)
calendar days of discovery if D/B believes it has uncovered
or revealed a condition which:
3.2.1,1,1 differs materially from that indicated in the soils
and geotechnical reports obtained for the
Project, 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.
The D/B shall be required to provide an
unbiased third party report that substantiates
their claim regarding the condition they are
claiming to differ from the soils report or to be
of an unusual nature. The subject report shall
include any appropriate testing necessary to
provide conclusions that substantiates or
negates the D/B's claim for the differing site
conditions. All costs associated with this third
party report shall be borne by the D/B and are
not reimbursable by the City.
3.2.1.2 Upon receipt of written notice and required third party report
as stated in Section 3.2.1.1.2, 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
and shall reimburse D/B for all costs associated with the
third party report described in Section 3.2.1.1.2. 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
J:\Engineer\DESIGN\Sw226\Sw226 DesignBuild Agreement.doc Page 7 of 47
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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 Engineering Contractor. D/B is to provide a list of the
responsible people within their organizations performing services,
which shall include their qualifications and their function, for approval
by the City prior to start of construction. City and D/B shall establish
"key personnel" who shall remain on the Project until Final
Completion. If any such "key personnel" leave the employment of
D/B, City shall have the right to approve the replacement personnel
assigned to this Project. D/B shall comply with all licensing
requirements of the State of California, County of San Diego, and City
of Chula Vista.
3.3.2 Project Manager, Project Engineer, and Project Geotechnical
Engineer throughout all phases of the Project hereunder, the
individual project manager, project engineer and project geotechnical
engineer shall be as reflected in Exhibit 3. So long as the Individual
Project Manager and Project Engineer remain in the employ of the
General Contractor, Engineer and Geotechnical Engineer, 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 ofthe terms and provisions ofthis
Section shall constitute a Material Default.
3.3.3 City Right to Remove Project Manager, Project Engineer and Project
Geotechnical Engineer. Notwithstanding the foregoing provisions of
Section 3.3, if the Individual Project Manager, Project Engineer or
Project Geotechnical Engineer, proves not to be satisfactory to the
City, upon written notice from the City to the General Contractor, such
person or person shall be promptly replaced by a person who is
acceptable to the City in accordance with the procedures set forth
below.
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3.3.4 Replacement Selection of Project Manager, Project Engineer, and/or
Project Geotechnical Engineer. Within five (5) working days after
receipt of a notice from the City requesting the replacement of any
Individual Project Manager or Project Engineer or Project
Geotechnical Engineer, or promptly following the discovery by the
Design Build Team that any Individual Project Manager, Project
Engineer or Project Geotechnical Engineer is leaving the employ of
the General Contractor, Engineer or Geotechnical Engineer, as the
case may be, the replacemenUsubstitution (together with such
person's resume and other information regarding such person's
experience and qualifications) for approval by City. The
replacemenUsubstitution shall commence work on the Project no later
than five (5) calendar days following the City's approval of such
replacement, which approval shall not be unreasonably withheld. In
the event that the City and Design Build Team cannot agree as to the
substitution of replacement of the Individual, the City shall be entitled
to terminate this Agreement for cause.
3.4 D/B shall cooperate with City in obtaining Environmental approvals and/or
permits.
3.5 D/B agrees and acknowledges that the City Representative is the only person
with authority to approve additions or modifications to Project. Any costs or delays
resulting from or associated with additions or modifications implemented without the
written authorization of City Representative shall be borne exclusively by D/B and
not be grounds for an increase in GMP or Contract Time unless necessary to protect
public health, safety or property.
3.6 D/B 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
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Section 5: D/B's Phase I Services and Obliqations - Pre-Construction Services
5.1 D/S's services in Phase I shall include, but are not limited to the following:
5,1.1 Prepare complete construction documents (CD's) such that the CD's
include, without limitation, the following:
5.1.1.1 Plan and profile drawings with pertinent notes and details
consistent with the current City standards and the current
accepted standards of practice for the professions involved.
5.1.1.2 Compliance with the Standard Specifications for Public
Works Construction (2000 Edition), commonly referred to
as the "Greenbook", and the 2000 supplements to the
"Greeenbook".
5.1.1.3 Details and specifications to successfully construct the
tunneling and the open-excavation portions of the project.
5.1.1.4 The findings and recommendations from the geotechnical
report for the Project appropriately incorporated.
5.1,1.5 The topography, property lines, right of way lines,
easement limits, existing utilities, and field survey points
accurately incorporated into and to the extent needed for
the Project.
5.1.1.6 Alignment of sewer line, steel sleeve for carrier pipe,
grouting of annular space and all Project improvements in
compliance with Caltrans requirements and specifications.
5.1.1.7 Minimum slope of sewer pipe and all associated hydraulics
adequate to convey the proposed sewage flow and are in
compliance with current City standards.
5.1.1,8 Shoring design for the Project in compliance with all
applicable State, Local, Federal, and CalOSHA
requirements.
5.1.1.9 Improvements equal to or better than existing at time of
Notice to Proceed for all areas directly affected by the
Project.
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5.1.1.10 Details and specifications in compliance with all applicable
State, Local and Federal requirements for any dewatering
associated with the Project.
5.1.1.11 Details and specifications for any sewer bypasses needed
for the Project to the City's satisfaction.
5.1.1.12 Details and specifications for activating the new sewer line
and making the existing sewer line inactive to the City's
satisfaction.
5.1.1.13 Technical specifications for all proposed improvements
associated with the Project.
5.1.1.14 Any necessary traffic control in accordance with City
standards and to the City's satisfaction.
5.1.3 D/B shall continue to develop and refine Project requirements and
review such requirements with City.
5.2 Prepare and submit to City detailed cost estimates with submissions of 50%,
90% and 100% CD's pursuant to Section 3.1.12.
5.3 Submit completed CD's to City in accordance with the terms of this
Agreement. Obtain comments from City and make revisions to CD's 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 CD's, Any delay or additional costs resulting
from the re-submittal shall be borne exclusively by D/B and not be grounds for an
increase in the GMP or Contract Time,
5.4 Utilizing the 2000 Edition of the Standard Specifications for Public
Works Construction, 2000 Edition of the Chula Vista Standard
Special Provisions, 2000 Edition of the Regional Standards, 2002
Edition of the Chula Vista Construction Standards, the City's facility
program, performance and design criteria, concept drawings, and
reports incorporated herein by reference, DB shall:
5.4.1 Prepare construction drawings and specifications suitable
for obtaining City-approved permits and to allow
construction.
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5.4.2 Submit Construction Documents to the City for plan check,
and make any changes therein as may be lawfully
required. Obtain all ancillary permits and licenses,
including but not limited to, improvement permits and
grading permits as may be necessary.
5.4.3 Complete the design for all elements of the Project,
including, but not limited to: civil, structural, electrical,
landscape, and specialty consulting areas.
5.4.4 Evaluate alternative construction approaches to ensure
economical designs, which optimize constructability yet
meet all codes, schematic designs, and standard
specifications of the Project.
5.4.5 Provide additional site surveys and geotechnical
investigations to the extent the D/B 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.
5.4.6 Furnish support to a City constructability review team at
the 50% and 90% percent design completion stage.
Incorporate the results of this review into the design.
5.4.7 Provide updated construction cost estimates at durations
specified in this agreement to support Value Engineering
(VE) and constructability reviews.
5.5 D/B shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of
the Project.
5.6 D/B shall prepare a detailed Critical Path Method schedule for all construction
components of the Project (" Detailed Construction Schedule" or "DCS"), showing all
major milestones, bid dates for the major bid packages, commencement of
construction, sequence of construction, completion of structural elements,
completion of the trunk sewer line, all of which shall conform with the dates of
Substantial Completion and Final Completion of Project.
5.7 Review as needed the construction documents with the governmental
authorities having jurisdiction over the Project.
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5.8 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:
5.8.1 An itemized cost breakdown estimate;
5.8.2 A list of recommended revisions which D/B believes will bring Project
within the GMP;
5.8.3 Assist City in reviewing the itemized cost breakdown and
recommend revisions so that City can revise the scope ofthe Project
so that the GMP is not exceeded.
5.8.4 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.
5.9 D/B shall develop and implement Project Management Plan and Procedures
including:
5,9,1 Project status reports
5,9,2 Coordination/interface with the City and its other
con su Ita ntsl contractors
5.9.3 Intentionally Left Blank
5.9.4 Biweekly Design and Construction meetings
5.9.5 Interface and communications with other agencies
5.9.6 Vendors and subcontractors management
5.9.7 Document control
5.9.8 Schedule and budget control
5.9.9 Quality assurance and quality control
5.9.10 Throughout the design phase, the D/B shall provide scheduling and
cost control reports monthly.
5.10 Submit and obtain approval from City of Phase I 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 II.
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5.11 City and D/B may mutually agree in writing that D/B may contract for or
perform certain limited Phase II services during earlier phases to expedite
completion of the Project, for such tasks as, for example, construction of the open-
excavation sewer line 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 II services until the City issues a written
Notice to Proceed with Phase II.
5.12 Present to the City for approval the following: 100% construction documents,
Management and Implementation Plan, DCS.
5.12.1 Upon presentation by D/B to the City of the items specified in
Section 5.13, the City may:
5.12.2 Approve the 100% Construction Documents, and Management and
Implementation Plan and DCS, and authorize D/B to proceed with
Phase II services; or
5.12.3 Determine not to proceed with the Project and terminate this
Agreement in accordance with Section 26.3 of this Agreement; or
5.12.4 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 6: D/B'S Phase II: Construction Administration
6.1 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 II 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 II Services shall include but are not limited to:
6.1,1 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;
6.1.2 Conduct competitive bidding for the respective bid packages.
6.1.3 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
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bidding process shall be issued as written addenda and provided to
all prospective bidders;
6.1.4 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.
6.1.5 Perform construction management and administration services
during the construction of the Project;
6.1.6 Be responsible for and coordinate all construction means, methods,
techniques, sequences and procedures;
6,1,7 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;
6,1.8 Give all notices and comply with laws, ordinances, rules, regulations,
and lawful orders of public authorities relating to the Project;
6.1.9 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;
6.1.10 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;
6.1.11 Establish and maintain a quality control program with appropriate
reviews and independent testing procedures to ensure compliance
with the Construction Documents;
6,1.12 Coordinate all required inspections in such a manner that the
progress of construction is not affected or impacted;
6.1.13 Correct any work which does not conform to the Construction
Documents;
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6.1.14 Keep City informed of the progress and quality of the design and
construction of the Project;
6.1.15 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.
6.1,16 Ensure Project is maintained in a clean, neat, sanitary and safe
condition free from accumulation of waste materials or rubbish. Prior
to Final Completion, D/B shall cause to be removed from and about
the Project all tools, construction equipment, machinery, surplus
materials, waste materials and rubbish;
6.1.17 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;
6.1.18 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;
6,1.19 Conduct and prepare minutes for weekly Project team meetings with
City and appropriate design and construction members;
6.1.20 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;
6.1.21 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;
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6.1.22 Notify City in writing when D/B believes that the Project has achieved
Final Completion. Assemble and deliver to City upon Final
Completion all records, documents, warranties, bonds, guarantees,
maintenance! service contracts, and maintenance and operating
manuals;
6.1.23 Inspect the Project during the one-year general 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.
6.1.24 Conduct contractor meetings, as necessary, to provide technical
input.
6.1.25 Provide interpretation of technical specifications and drawings.
6.1.26 When appropriate, witness testing and review materials and
equipment testing results and provide comments regarding
conformance with specification requirements.
6.1.27 Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical compliance and forward copy to City
for review.
6.1.28 Assist during final acceptance process by furnishing final walk-
through(s) and comments,
6.1.29 The D/B shall be responsible for complete management,
supervision, and reporting of all aspects of the construction of this
Project.
6,1,30 The D/B 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 offinal 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.
6.1.31 The D/B 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.
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6.1.32 The D/B 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.
6.1.33 The D/B shall provide surveying, geotechnical and other contracted
services as required to complete project construction inspection and
testing tasks. D/B is responsible for scheduling and coordinating all
inspections and paying for all re-inspections.
6.1.34 The D/B 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.
6.1.35 The D/B shall implement and maintain an internal records
management and document control system as required to support
project operations. The D/B shall provide records management and
document control information in a manner consistent with the City's
reporting system.
6.1.36 The D/B 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.
6.1.37 The D/B shall administer and enforce the Environmental Mitigation
Monitoring and Reporting Plan (EMMRP) for the Project, if any. The
D/B shall report a record of environmental issues to the City in a
manner consistent with the City's reporting system. At this time, it is
uncertain whether or not an EMMRP will be prepared forthe Project,
therefore, any costs associated with it's implementation will be a
reimbursable cost to the D/B.
6.2 Unless the D/B receives the City's prior approval to substitute equal or better
quality materials, the D/B warrants to City that materials and equipment incorporated
in the Project will be new, unless otherwise specified, and that the Project will be of
good quality, free from faults and defects, and in strict conformance with the
Construction Documents and in accordance with Section 22,
Section 7: D/B's Phase III Services and Obliaations: Operation/Startup Phase
7.1,1 The D/B shall supervise, manage, and coordinate all project startup
and testing activities for mechanical systems within the provisions of
the project Contract Documents.
7.1.2 The D/B shall report progress of project startup and testing to the
City in a manner consistent with the City's reporting system.
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7.1.3 The D/B shall report to the City all guaranteelwarranty disputes. The
D/B shall proceed to resolve such disputes after having submitted to
the City for review and approval the D/B's approach for obtaining
resolution for the dispute.
Section 8: Additional Services
8.1 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 14. 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.
8.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably necessary costs of the Project, D/B shall be paid the
following fee percentages of such costs as the D/B Fee for additional services:
1) 5% for Materials
2) 8% for Subcontractors
3) 20% for Labor and Equipment
Said fee shall cover all home office overhead and profit to be earned as additional
services.
8.3 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.
8.4 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 9: INTENTIONALLY OMITTED
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.
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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
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
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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 Procertv Insurance:
The City of Chula Vista will provide coverage for "all
risk" Builder's Risk Insurance, excluding the peril of
earthquake, and subject to other policy terms,
conditions and exclusions, Coverage will be provided
for the Full Hard Cost Replacement Cost of Materials,
Equipment and fixtures destined to become a
permanent part of the structure, Property in Transit, and
Property in Offsite Storage for Poggi Canyon Trunk
Sewer I Upgrade of Reach 205 construction in an
amount not to exceed $1.25 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.
The $5,000 policy deductible amount will be the
responsibility of Contractor and/or Subcontractor.
11.4 Minimum Limits of Insurance
11.4.1 Contractor or appropriate subconsultant shall maintain limits no less
than:
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11.4.1.1 General $2,000,000 per occurrence for bodily
Liability: injury, personal injury and
property damage. If
(Including Commercial General
operations. Liability Insurance or other
products and
completed form with a general
operations.) aggregate limit is used,
either the general
aggregate limit shall apply
separately to this
project/location or the
general aggregate limit
shall be twice the required
occurrence limit.
11.4.1.2 Automobile $1,000,000 per accident for bodily injury
Liability: and property damage.
11.4.1.3 Employer's $1,000,000 per accident for bodily injury
Liability: or disease,
11.4.1.4 Errors and $1,000,000 per occurrence
Omissions:
11.4.1.5 Builder's Risk $1,000,000 Hard Construction Cost of
Structure
11.5 Deductibles and Self-Insured Retentions
11.5.1 Any deductible or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers;
or the 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 policy shall contain, or be endorsed to contain,
the following provisions:
11.6.1.1 The City, its officers, officials, employees, and volunteers
are to be covered as additional insureds using ISO Form
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CG 2010 (11/85) or its equivalent, with respect to liability
arising out of work or operations performed by or on
behalf of the D/B including materials, parts or equipment
furnished in connection with such work or operations.
11.6.1.2 For any claims related to this project the D/B's insurance
coverage shall be the primary insurance as respects the
City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers is wholly
separate and in no way relieves D/B's responsibility to
provide insurance.
11.6.1.3 Coverage shall not extend to any indemnity coverage for
the active negligence of the additional insured in any case
where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Sections 2782 of
the Civil Code.
11.6.1.4 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.
11.6.1.5 D/B'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.
11.6.1.6 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 specifically rated.
11.7 Verification of Coverage
11.7.1 Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this
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clause. The endorsements should be on forms that conform to the
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 complete, certified copies of all
required insurance policies, including endorsements affecting the
coverage required by these specifications at any time.
11.8 Subcontractors
11,8.1 All coverages for subcontractors or subconsultants shall be subject
to all of the requirements stated herein. Subcontractors and
Subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein.
Subcontractors and Subconsultants shall name City and D/B as
additional insured's 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
I nsurers 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 shall be written through an
insurer with an A.M. Best Rating of not less than AV. Any
exceptions are at the sole discretion of the City and subject to
written approval of the City.
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11.11 Questions concerning the insurance requirements of this Agreement shall be
directed to the City Representative.
Section12: Inspection
12.1 City shall be responsible for City inspection and material testing and
inspections, with reimbursement to be required by D/B for any re-inspections. The
City shall either perform said inspection services with its own forces or contract with
third parties. It shall be the responsibility of D/B, however, to call for, coordinate and
schedule all inspections.
12.2 City, its consultants, subcontractors, independent testing laboratories as well
as other governmental agencies with jurisdictional interests will have access at
reasonable times for this observation, inspecting and testing. D/B shall provide
them proper and safe conditions for such access and advise them of D/B's safety
procedures and programs so that they may comply.
12.3 City will make, or have made, such inspections and tests, as the City deems
necessary to see that the Work is being accomplished in accordance with the
requirements of the Construction Documents or shall in any way limit or modify
D/B's indemnity obligations as provided for within this agreement. Unless otherwise
specified, the cost of such inspection and testing will be borne by the City. In the
event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents, D/B shall bear the cost of corrective measures deemed
necessary by City, as well as the cost of subsequent re-inspection and re-testing.
Neither observations by the City nor inspections, tests, or approvals by others shall
relieve D/B from D/B's obligations to perform the Work in accordance with the
Construction Documents. D/B shall give City timely notice of readiness of the Work
for all required on and off-site inspections, tests, or approvals and shall cooperate
with inspection and testing personnel to facilitate required inspections or tests. D/B
shall give at least 24 hours notice for on-site inspection and five (5) days notice for
off-site inspection.
12.4 City has the right to 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
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
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design and construction of the entire Project as specified in the 90% CD's; provided
that:
13.1.1 The GMP shall not exceed $1.25 million for the trunk sewer line and
included within said GMP shall be no more than $317,150.00 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 0 the Project which will include
labor, material expenses, equipment costs, and a reasonable D/B
Contingency Fund. Said D/B contingency fund shall not exceed 5%
of the Hard Construction Costs.
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;
13.2 Except as otherwise expressly provided in this Agreement, as full and
complete compensation for performance of all services and obligations under this
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Agreement, D/B shall be compensated ("D/B GMP") by a sum to be determined at
90% construction documents. GMP shall include the not to exceed amount of
$169,250.00 for General Conditions and $147,900.00 for Design Services for a total
of $317,150.00. Said $317,150.00 for General Conditions and Design Services
shall not be exceeded unless additional services are requested pursuant to § 8
above or a change order issued pursuant to § 14. Unless otherwise expressly
provided in this Agreement, D/B GMP shall include full compensation for all costs of
any type incurred by D/B in performing all services and obligations under this
Agreement, including but not limited to the following:
13,2.1 All Design Consultants, including but not limited to structural, civil,
electrical, and geotechnical engineers.
13.2.2 Estimating, value engineering and construction management;
13.2,3 Construction supervision and project management personnel,
including but not limited to superintendents, Project managers,
Project secretaries, Project engineers, Project accountants, and all
other D/B personnel wherever located;
13.2.4 All on-site and off-site equipment, supplies and facilities, including
but not limited to, computers, estimating, dictating, communication
and accounting equipment, office space, trailers, field equipment and
storage facilities;
13.2.4.1 In no case shall the cumulative monthly rental charges
to the Project for equipment and Small Tools used by
the D/B exceed 90% of the fair market value of anyone
piece of equipment or Small Tools. At City's option, the
full price for equipment or Small Tools may be paid, and
City may take possession upon completion of the Work.
13.2.5 All home-office and field overhead costs of any type including
document control and retention;
13.2.6 All business license costs;
13.2.7 All profit D/B intends to earn under this Agreement.
13.2.8 All direct and incidental costs incurred by D/B, except for those
specifically identified in Section 9,
13,3 D/B shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs."
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13.3.1 Any reimbursable cost expressly provided for elsewhere in this
Agreement.
13.4 D/B agrees and acknowledges the City retains its full and complete discretion
for all legislative actions, including any future appropriations necessary to complete
this Project or fund this Agreement. As more fully provided in Section 26, the City
may terminate this Agreement for any reason, including but not limited to, if City
Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term
financing.
Section 14: Chanqe in GMP and Contract Time
14.1 The GMP and Contract Time may only be changed by written Change Order.
Change Orders shall be issued only under the following circumstances:
14,1.1 The City directs D/B to perform Additional Services or City Changes
as provided in Section 8.
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
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
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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 shall not have the right to stop or
delay in the prosecution of any services or work, including services
or work that is the subject of the Change Order, pending this
resolution process. Instead, D/B shall continue diligently
prosecuting all such services and work.
14.2.5 City may, in its sole discretion, adjust the GMP or Contract Time for
any undisputed amount or time associated with the Change Order or
Additional Services.
Section 15: Pavment Terms
15.1 D/B shall provide all Phase I and III services for the Phase I and III Fee. D/B
shall submit certificate and application for payment to the City on a monthly basis for
Phase I and III 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 II services forthe Phase II Fee. D/B shall submit
certificate and application for payment to City on a monthly basis for Phase II
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. After 50% of the work has
been completed and if progress on the Project is satisfactory, the City will not
withhold any retention for the remaining payments as security for D/B's full
performance.
15.3 D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, D/B shall include with each month
payment application an itemization of all such Reimbursable Costs actually incurred
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by D/B, during the previous month. If requested by the City, D/B shall provide all
backup documentation supporting such Reimbursable Costs.
15.4 D/B shall develop and maintain an accurate system for tracking all Hard
Construction Costs it incurs on the Project. Utilizing this system, D/B shall include
with each monthly application for payment an itemization of all Hard Construction
Costs actually incurred by D/B during the previous month.
15.5 D/B shall separately submit to City certificate and application for payment on
a monthly basis for any authorized Additional Services performed by D/B. Subject
to the receipt of unconditional lien releases for all prior payments and if Additional
Services are not disputed by City, City shall pay ninety percent (90%) ofthe invoiced
amount within thirty (30) days of receipt of fully complete invoice. City will withhold
the remaining 10% as security for D/B's full performance.
15.6 Subject to Sections 15.8, City shall pay D/B the ten percent (10%) retention
being withheld pursuant to Sections 15.2, and 15.5 as part of the "Final Payment" to
D/B. Final Payment will be made thirty-five (35) days atter Final Completion.
15,7 The City Manager will consider the release of the entire retention for
subcontractors upon completion of the subcontractors' work and execution of a
disclaimer and unconditional final lien release by the subcontractor.
15.8 In lieu of withholding retention under this Agreement, at the election of D/B,
City will deposit retention amounts into escrow and/or the substitution of securities
for money as provided in California Public Contract Code Section 22300.
Section 16: Proiect Completion
16.1 Substantial Completion shall be that stage in the progress of the construction
when all Work on the Project is sufficiently complete in accordance with the
Construction Documents so that City can fully utilize entire Project and public
sewage flow is being accepted by newly installed sewer line; Substantial Completion
shall further mean that all goods, services and systems to be provided under the
terms and conditions of the Construction Documents are in place and have been
initially tested, and are operationally functional, subject only to final testing,
balancing and adjustments and normal Final Completion punchlist Work.
16.2 Final Completion shall be deemed to 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) submission of all documents required to be supplied by D/B
to City under this Agreement, including but not limited to As-Built Drawings and
warranties; (4) 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 permits, licenses, and certificates of inspection, and
ordinances relating to the Project.
16.4 D/B shall provide five sets of City final record drawing documents at the end
of construction and one copy in electronic format ("As-Built Drawings") and one copy
of reproducible drawings. As-Built Drawings are to be accurate and legible records
showing exact location by dimensions, and the exact depth by elevation of
underground lines, valves, plugged tees, wiring and utilities,
16.5 D/B shall provide a copy of, or make available before destruction, all records
(which includes all writings as defined in Evidence Code Section 250) to the City
upon receipt or generation, which shall include a copy of D/B's filing protocol.
Section 17: Contract Time
17.1 The "Contract Time" shall be the number of calendar days stated in Section 1
for D/B to achieve Substantial Completion,
17.2 "Time is of the essence" with regard to Contract Time and all milestones in
the DCS.
17.3 The Contract Time may only be changed by a Change Order as set forth in
Section 14.
17.4 Further, an extension in Contract Time will not be granted unless D/B can
demonstrate through an analysis of the Project Schedule that the increases in the
time to perform or complete the Project, or specified part of the Project, beyond the
corresponding Contract Time arise from unforeseeable causes beyond the control
and without the fault or negligence of D/B, its Design Consultants, and
subcontractors or suppliers, and that such causes in fact lead to performance or
completion of the Project, or specified part in question, beyond the corresponding
Contract Time, despite D/B's reasonable and diligent actions to guard against those
effects.
17.5 D/B carries the burden of proving an entitlement to an increase in the
Contract Time. Delays attributable to and within the control of Design Consultants,
or subcontractor or supplier shall be deemed to be delays within the control of D/B.
No time extension will be allowed for such delays. An increase in Contract Time
does not necessarily mean that D/B is due an increase in the GMP.
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Section 18: Late Completion
18.1 City and D/B recognize that time is of the essence in this Agreement and that
City will suffer financial loss if the Project is not completed within the Contract Time,
plus any extensions thereof allowed in accordance with Section 17.3. They also
recognize the delays, expense, and difficulties involved in proving in a legal
proceeding the actual loss suffered by City if the Project is not completed on time.
Accordingly, instead of requiring any such proof, City and D/B agree that D/B shall
pay as liquidated damages (but not as a penalty) for each calendar day of delay
beyond the time specified for Substantial Completion of the Project, the following
amounts which D/B expressly agrees are "not unreasonable under the
circumstances" as defined in Califomia Civil Code § 1671 (b): $500 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 will be performed under the applicable conditions of the Construction
Documents (except as otherwise specifically provided).
19.2 When City desires a change in the Project, City may issue a Request for
Proposal to D/B. D/B will be required to respond within the time indicated by City.
Section 20: Intentionally Omitted
Section 21: Work By Others
21.1 City may perform other work related to the Project at the Project Site by City's
own forces, or let other direct contracts ("City Contractor"). The City will give D/B
reasonable notice of its intent to do such other work. D/B's work shall take priority
over the City Contractors; but the Parties will use their best efforts to coordinate their
work so as to minimize the disruption to each other's work and to allow City
Contractor to proceed expeditiously.
21.2 If the proper execution or results of any part of D/B's work depends upon the
work by the City or City Contractor, D/B shall promptly inspect and report to City in
writing any apparent delays, defects, or deficiencies in the City's work that render it
unavailable or unsuitable for such proper execution and results. D/B's failure to
promptly report such delays, defects, or deficiencies in writing before
commencement of the affected work, will constitute an acceptance of the City's work
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as fit and timely for integration with D/B's Work except for latent defects and
deficiencies in the City's work for which D/B will not be responsible.
21.3 If D/B or any person or entity working for D/B causes damage to the City's or
City Contractor's work, property, or person, or if any claim arising out of D/B's
performance of the Project by any other contractor is made against D/B, by City, any
other contractor, or any other person, D/B shall promptly repair and/or resolve said
claim at no cost to City.
Section 22: Warranties and Guarantees
22.1 D/B warrants and guarantees to City that materials and equipment
incorporated into the Project will be new unless otherwise specified and that all work
will be in strict accordance with the Construction Documents and will not be
defective. Prompt notice of defects known to City shall be given to D/B. All
Defective Work, whether or not in place, may be rejected, corrected, or accepted as
reasonably directed by City, provided D/B shall not be entitled to an extension in
Contract Time or increase in GMP because of any delay or increase in cost
attributable to the rejection, correction or acceptance of said work. Defective work
may be rejected even if approved by prior inspection.
22.2 The warranty period shall commence when the Certificate of Final
Completion is issued (irrespective of beneficial use by City prior to Final Completion)
and extend one (1 ) year after that date or whatever longer period may be prescribed
by laws or regulations or by the terms of any applicable special guarantee or specific
provision of the Construction Documents.
SECTION 22.3: INTENTIONALLY OMITTED
22.4 Correction of Defective Work - If within the designated warranty period, or
such longer period as may be required by laws or regulations, the Project or any
part of the Project, is discovered to contain defective work, D/B shall promptly,
without any reimbursement or adjustment in the GMP, and in accordance with City's
written instructions, either correct that defective work, or if it has been rejected by
City remove it from the Project and replace it with work which is not defective. If
circumstances warrant it, including but not limited to, in an emergency, City or D/B
may have the defective work corrected or the defective work removed and replaced.
In that event, D/B shall not be allowed to recover any associated costs, and D/B
shall reimburse City for all direct, and indirect costs of City, and City shall be entitled
to an appropriate decrease in the GMP, to withhold a setoff against amount
recommended for payment, or make a claim on D/B's bond if D/B has been paid in
full.
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22.5 With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Work performed and materials furnished under this
Agreement, the D/B shall:
22.5.1 Obtain all warranties that would be given in normal commercial
practice and as required by the City;
22.5.2 Require all warranties to be executed, in writing, for the benefit of
City;
22.5.3 Enforce all warranties for the benefit of City, if directed by City;
22.5.4 In the event D/B's warranty under section 22.2 has expired, City may
bring suit at its expense to enforce a subcontractor's,
manufacturer's, or supplier's warranty;
22.5.5 D/B shall assign all subcontractor, supplier and manufacturer
warranties including maintenance contracts from the installer for
specialized equipment, to cover the limited warranty period to City at
the expiration of the one year warranty; and
Section 23: Use and Possession Prior to Completion
23.1 City shall have the right to take possession of or use any completed or
partially completed part of the Work if mutually agreed upon by the parties. Before
taking possession of or using any Work, City shall furnish D/B a list of items of Work
remaining to be performed or corrected on those portions of the Work that City
intends to take possession of or use. However, failure of City to list any item of
Work shall not relieve D/B of responsibility for complying with the terms of this
Agreement. City's possession or use shall not be deemed an acceptance of any
Work under this Agreement, nor relieve the D/B of any of its obligations under this
Agreement.
23.2 While City has such possession or use, D/B shall be relieved of the
responsibility for the loss of or damage to the Work resulting from City's possession
or use. If prior possession or use by City delays the progress of the Work or causes
additional expense to D/B, an equitable adjustment shall be made in the GMP or the
Contract Time, and the Agreement shall be modified in writing accordingly.
Section 24: Personal Services and Non-Assianabilitv
24.1 This is a personal services Agreement and, therefore, D/B shall not alter the
key employees or Design Consultants nor assign or transfer, voluntarily or
involuntarily, any of its rights, duties or obligations under this Agreement except
upon the prior written consent of City. Any such change, assignment or transfer
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without the prior written consent of the City shall be deemed null and void and
constitute a material breach under this Agreement.
Section 25: Indemnification
25.1 To the fullest extent permitted by the law, D/B shall indemnify, defend, protect
and hold harmless City, its elected and appointed officers, agents, employees,
consultants, (collectively herein the "Indemnitees"), from and against all claims,
demands, causes of action, damages, injuries, liabilities, losses and expenses
(including, without limitation, reasonable attorneys' and consultants' fees and
expenses) of any kind whatsoever, arising in whole or in part out of or resulting from
D/B's performance of this Agreement, D/B's breach of this Agreement, or the
alleged negligent acts or omissions of D/B, its architects, engineers, other
professionals and consultants, Contractors, suppliers or anyone directly or indirectly
employed by any of them or anyone for whose acts they may be liable. The
obligations of the D/B under this paragraph for errors or omissions, including those
of the design professional subcontractors, which includes the Design
Subcontractors, consultants, agents and employees thereof ("Design
Subcontractors"), which arise from (1) the preparation or approval of maps,
drawings, opinions, reports, surveys, designs or specifications, or (2) the giving of or
the failure to give directions or instructions shall not be limited to the amount of
coverage provided for in the professional liability insurance policy. If City is fully
reimbursed by DB's insurance for any loss covered by this paragraph, D/B shall
have no further obligation for such loss,
25.2 D/B's obligation to indemnify under section 25.1 shall not extend to such
claims, demands, causes of action, damages, injuries, liabilities, losses and
expenses, to the extent that such is the result of the active negligence or the willful
misconduct of an Indemnitee. D/B's obligation to defend under section 25.1, if not
covered by the insurance to be provided on the Project, shall not extend to such
claims, demands, causes of action, damages, injuries, liabilities, losses and
expenses, or causes of actions, to the extent that such are caused by the active
negligence or the willful misconduct of the Indemnitee, and from no other cause.
25.3 The D/B agrees, notwithstanding the above to the fullest extent permitted by
law, to indemnify, defend, and hold harmless the City, its elected and appointed
officers, employees, agents and consultants from and against any and all claims,
suits, demands, liabilities, losses, or costs, including reasonable attorney's fees and
defense costs, resulting or accruing to any and all persons, firms, and any other
legal entity, caused by, arising out of or in any way connected with the handling,
removal, abatement, capping, migration (after handling, removal, abatement or
capping) of, or disposal of any asbestos or hazardous or toxic substances, products
or materials that exist on, about or adjacent to the jobsite, whether liability arises
under breach of contract or warranty, tort, including negligence, strict liability or
statutory liability or any other cause of action. D/B's obligation regarding asbestos
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or hazardous or toxic substances, products or materials shall be limited to the
proper removal within the Project boundaries and the proper disposal of such
materials.
Section 26: Riqht to Terminate and Suspend Work
26.1 Archaeological and Paleontological Discoveries. If a discovery is made of an
archaeological or paleontological interest, D/B shall immediately cease operations in
the area of the discovery and shall not continue until ordered by City. When
resumed, operations within the area of the discoverý shall be as directed by City.
26.1.1 Discoveries which may be encountered may include, but are not be
limited to, dwelling sites, stone implements or other artifacts, animal
bones, human bones, fossils or any item with cultural significance.
26.1.2 D/B shall be entitled to an extension of time and compensation in
accordance with the provisions of this Agreement.
26.2 Termination of Agreement by City for Cause. If, through any cause, D/B shall
fail to fulfill in a timely and proper manner D/B's obligations under this Agreement, or
if D/B shall violate any of the covenants, agreements or stipulations of this
Agreement, City shall have the right to terminate this Agreement by giving written
notice to D/B of such termination and specifying the effective date thereof at least
five (5) days before the effective date of such termination. All finished or unfinished
documents, data, studies, drawings, maps, plans, specifications, reports and other
materials prepared by D/B, or any of its agents, Design Consultants or
Subcontractors, shall, at the option of the City, become the property of the City, and
D/B shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective
date of Notice of Termination, not to exceed amounts payable hereunder, and less
any damages caused by D/B's breach.
26.2.1 In the event the Agreement is terminated in accordance with this
Section, City may take possession of the Project and may
complete the Project by whatever method or means City may
select.
26.2.2 If the cost to complete the Project exceeds the balance, which
would have been due, D/B shall pay the excess amount to City.
26.2.3 Rights of City Preserved. Where D/B's services have been so
terminated by City, the termination will not affect any rights or
remedies of City against D/B then existing or which may thereafter
accrue. Any retention or payment of moneys due D/B by City will
not release D/B from liability. It is agreed that termination
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hereafter will not in any way release, waiver, or abridge any rights
the City has against D/B's performance bond surety.
26.2.4 Any dispute as to the amount due or owed to D/B upon termination
under this section shall be resolved in accordance with Section 33.
26.3 Termination for Convenience by City. City may terminate this Agreement at
any time and for any reason, by giving specific written notice to D/B of such
termination and specifying the effective date thereof, at least seven (7) days before
the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the
City, become City's sole and exclusive property. If the Agreement is terminated by
City as provided in this paragraph, D/B shall be entitled to receive just and equitable
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 Relatina to Termination. Unless otherwise
provided in the Agreement or by statute, D/B shall maintain all
records and documents relating to the terminated portion of this
Agreement for three (3) years after final settlement. This includes all
books and other evidence bearing on D/B's costs and expenses
under this Agreement. D/B shall make these records and
documents available to City, at D/B's office, at all reasonable times,
without any direct charge. If approved by the City Manager,
photographs, electronic files, microphotographs, or other authentic
reproductions may be maintained instead of original records and
documents.
26.4 Upon receipt ofthe Notice ofTermination, D/B shall take any action that may
be necessary, or that the City Manager may direct, for the protection and
preservation of the property related to this Agreement that is in the possession of
D/B and in which City has or may acquire an interest.
26.5 Pavment to D/B Due to Termination - D/B and the City Manager may agree
upon the whole or any part of the amount to be paid because of the termination.
The amount may include a fee proportional to the percentage of work satisfactorily
completed. However, the agreed amount, exclusive of costs shown in section 26.9
below, may not exceed the total dollar amount authorized by City as reduced by the
amount of payments previously made. If termination occurs during Phase I or II
D/B shall only be entitled to the Fees for Phases I or II, or a portion thereof, and no
amount for Phase III D/B Fixed Fee, except for Phase III D/B fixed fee proportional
to the percentage of work satisfactorily completed and authorized pursuant to
Section 6.
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26.6 Failure to Aqree on Pavment - If D/B and City fail to agree on the whole
amount to be paid because of the termination of Project, City shall pay D/B the fair
and reasonable amounts determined in good faith by City as follows, but without
duplication of any amounts agreed to above:
26.6.1 The price for completed services accepted, including any retention,
by City not previously paid;
26.6.2 The costs incurred in the performance of the Project terminated,
including initial costs and preparatory expense allocable thereto.
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 1055 on the entire Agreement had it been
completed, City shall allow no profit under this section and shall
reduce the settlement to reflect the indicated rate of 1055;
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 Pavment for Propertv Destroved. Lost. Stolen or Damaqed - Except to the
extent that City expressly assumed the risk of 1055, 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 50 as to
become undeliverable to City.
26.9 Deductions -In arriving atthe 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
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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: Independent Contractor
27.1 D/B and any Design Consultant, Contractor, Subcontractor, agent or
employee of D/B, shall act as an independent contractor and not as an agent, officer
or employee of City. Except as expressly provided in this Agreement, City assumes
no liability for D/B's actions and performance; in particular, but without limitation,
City assumes no responsibility for paying any taxes, bonds, payments or other
commitments, implied or explicit, by or for D/B. D/B acknowledges that it is aware
that because it is an independent contractor, City is making no deductions from the
fees for services being paid to D/B and that City is not contributing to any fund on
the behalf of D/B. D/B disclaims the right to any type of additional fee or benefits.
Section 28: Independent Judqment
28.1 Unless otherwise directed in writing by City, D/B shall, in providing the
professional services required by this Agreement, arrive at conclusions with respect
to the rendition of information, advice and recommendations, independent of the
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control and direction of City, other than normal contract monitoring; D/B, however,
shall possess no authority with respect to any City decision beyond rendition of such
information, advice and recommendations. D/B shall not have the authority to act as
an agent on behalf of City unless specifically authorized to do so by City in writing.
Section 29: Maintenance of Records and Accountina
29.1 D/B shall maintain, during the Project and for a period of three (3) years after
completion of the Project, accurate and organized records of all costs of any type
and all services performed under this Agreement. City will have the right at any
time, including during the performance of all Phases ofthe Project to audit and copy
all such records.
Section 30: Ownership of Documents
30.1 All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to
private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the
provisions of the Public Records Act), distribute, and otherwise use, copyright or
patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
Section 31: Force Maieure
31,1 Any party to this Agreement may be excused for any delay or failure to
perform its duties and obligations under this Agreement, except for obligations to
pay money, but only to the extent that such failure or delay is caused by an Event of
Force Majeure as set forth in section 31.2. If an Event of Force Majeure set forth in
section 31.2 causes a delay or failure in performance of only a portion of the
obligations of a Party under this Agreement, then only that portion of performance
which was delayed or prevented by such cause shall be deemed excused, and the
performance of all other obligations of a Party not so delayed shall not be excused
by an Event of Force Majeure. Delay or failure in performance of all other
obligations of a Party not so delayed shall not be excused by such Event of Force
Majeure. Delay or failure in performance by a Party which is the result of an Event
of Force Majeure set forth in section 31.2 shall be deemed excused for a period no
longer than the delay or failure in performance caused by such Event.
31.2 An Event of Force Majeure means an occurrence beyond the control and
without the fault or negligence of a Party, including but not limited to unusually
severe weather, flood, earthquake, fire, lightning, and other natural catastrophes,
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acts of God orthe 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
regulations.
Section 33: Disputes
33.1 All claims, counterclaims, disputes, and other matters in question arising
under, or relating to, the Agreement or the breach thereof shall be processed in
accordance with the provisions of this Section, unless specifically addressed by
another provision of this Agreement.
33.2 D/B shall submit its written request for a Change Order to City pursuant to
Section 14. City shall make a determination on D/B's request in writing within 7 days
of receipt of request and all supporting data. Said Change Order shall be made in
good faith and accurately reflect the adjustment in GMP or Contract Time for which
D/B believes City is liable, and covers all costs and delays to which D/B believes it is
entitled as a result of the occurrence of the claimed event. All requests for
adjustment in Contract Time shall include an analysis of the Master Construction
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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
Project Development and Management
1800 Maxwell Road
Chula Vista, CA 91911
Tel: (619) 397-6070
Fax: 619) 397-6250
(ii) To D/B:
T.C. Construction Company, Inc.
10540 Prospect Avenue
Santee, California 92071-4529
Tel: 619-448-4560
Fax: 619-258-9751
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)
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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 Severabilitv: If any term or condition of this Agreement is held to any extent
to be invalid or unenforceable, all the remaining terms and conditions shall be
enforceable to the fullest extent permitted by law.
35.3 Entire Aqreement: This Agreement contains the entire agreement, between
the Parties and supersedes all prior negotiations, discussions, obligations and rights
of the Parties in respect of each other regarding the subject matter of this
Agreement. There is no other written or oral understanding between the Parties.
No modification, amendment or alteration of this Agreement shall be valid unless it
is in writing and signed by the Parties hereto.
35.4 Draftinq Ambiquities: The Parties agree that they are aware that they have
the right to be advised by counsel with respect to the negotiations, terms and
conditions of this Agreement, and that the decision of whether or not to seek the
advice of counsel with respect to this Agreement is a decision which is the sole
responsibility of each of the Parties hereto. This Agreement shall not be construed
in favor of or against either Party by reason of the extent to which each Party
participated in the drafting of the Agreement.
35.5 Applicable Law: The formation, interpretation and performance of this
Agreement shall be governed by the laws of the State of California. Venue for
mediation, arbitration and/or actions arising out of this Agreement shall be in the City
of Chula Vista, California.
35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission
by the Parties hereto in exercising any right or remedy provided for herein shall
constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a
waiver of any such right or remedy on any future occasion.
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35,7 Effect of Headinqs: Headings appearing in this Agreement are inserted for
convenience of reference only, and shall in no way be construed to be
interpretations of the provisions hereof.
35.8 Amendments: This Agreement may be modified, amended or supplemented
only by the mutual written agreement of the Parties hereto.
35.9 Authorization and Compliance: Each Party represents that it is duly
authorized to execute and carry out the provisions of this Agreement.
35.10 Further Assurances: The Parties agree to do such further acts and things
and execute and deliver such additional agreements and instruments as the other
may reasonably require to consummate, evidence or confirm the agreements
contained herein in the manner contemplated hereby.
35,11 Counterparts: This Agreement may be executed by the Parties in one or
more counterparts, all of which taken together shall constitute one and the same
instrument. The facsimile signatures of the Parties shall be deemed to constitute
original signatures, and facsimile copies hereof shall be deemed to constitute
duplicate original counterparts.
35.12 Exhibits and Glossarv of Terms: All Exhibits and Glossary of Terms are
incorporated herein by reference into this Agreement.
35.13 Third Partv Beneficiarv: Nothing within this Agreement shall create a
contractual relationship between the City and any third party.
[NEXT PAGE IS SIGNATURE PAGE]
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SIGNATURE PAGE TO
DESIGN/BUILD AGREEMENT
CITY OF CHULA VISTA
By: By:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attorney
6-S8
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CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
State of California } ss.
countyol~n DU80
On \ \ ~~re~~~~o~g\!?CL~VVS
personally appeared
Name(s)of Sìçner(s)
~ersonally known to me
o proved to me on the basis of satisfactory
evidence
to be the persorits , whose name~~
subscribed to the Wi~ instrumen and
acknowledged to m~ he ""/t~ executed
TAMMY LAVON SPARKS the same in his th~~horized
. CommiSSIon # 1381981 capacity(i~, and at by his ~th'-i{
t' Notary Public - California ~ signature~n the instrument the perso~ or
i' San Diego County ~ the entity upon behalf 01 which the perso~
acted, executed the instrument.
MyCorm'1, ~Oct28, 200ó
----------------
WITNESS my hand and official seal.
12 UtVOn
nature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document .
litle or Type of Docum#h¡ qrt ! £auLd. ~rPf JYl a (If-
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
I .
o Individual Top of thumb here
o Corporate Officer -litle(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
c 1999 Na~onal Notary Association· 9350 De Sola Ava., P.O. Box 2402' Chatsworth, CA 91313-2402' www.nationalnotary.org Prod. No. 5907 Raorder:CaIlTolI-Fr&81·800-876-6827
5-5Lf
GLOSSARY OF TERMS
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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
regulations, all permits, licenses, and certificates of inspection, use and occupancy, and
ordinances relating to the Project.
Certificate of Substantial Completion. The document issued by City after it
reasonably determines the Project has achieved Substantial Completion as defined in
Section 16 of the Agreement.
Change Order. A written amendment to the Agreement executed by City and D/B
modifying the terms of the Agreement.
City. City shall refer to the City Representative, Agent and/or City Inspection
Representative,
City Representative. Matt Little shall be the initial City Representative. The City
Manager will notify D/B in writing of the name of any successor City Representative and
D/B shall be entitled to rely upon the directions of the current City Representative until
receipt of said written notice. The City Representative shall act on behalf of the City with
respect to this Agreement unless the Agreement provides otherwise. D/B shall not make
any modifications to the Project unless directed by the designated City representative.
Construction Documents. D/B's civil, geotechnical, structural, and details as well
as the plans showing installation of major systems, equipment, the technical specifications
and all other technical drawings, schedules, diagrams and specifications, necessary to set
forth in detail the requirements for construction of the Project.
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Contractor. Any person or entity with whom the D/B or City contracts or
subcontracts for construction of the Project.
Contract Amount. The dollar amount authorized by the Chula Vista City Council to
be paid to the D/B as consideration for full performance under the terms of this Agreement
which includes the GMP and Reimbursable Costs.
Contract Time. The time within which D/B has to complete all Work and services
under the Agreement, which commences with the execution of the Agreement and ends
with the Final Completion Date.
Day. Is a working day, unless specified otherwise.
Defective Work. Work on the Project which is not in compliance with the
Construction Documents.
Design Builder. D/B including but not limited to consultants, subconsultants,
contractors, subcontractors, employees, agents or any other person or entity working for or
on behalf on D/B.
Design Subcontractors. The architects, engineers and other design professionals
contracting with the City or D/B to perform design services for the Project.
Detailed Construction Schedule. D/B prepared and City approved Detailed
Construction schedule for Phase I, Phase II and Phase III showing all major milestones,
bid dates for major bid packages, commencement of construction, sequence of
construction, completion of structural elements, completion of the exterior of the building,
which shall conform with the dates of Substantial Completion and Final Completion of
Project. D/B will update the schedule as required by the Agreement.
DIB Fixed Fee. The fixed sum which D/B shall receive as full compensation for
performance of all services and obligations under this Agreement, including all costs of any
type incurred by D/B; but not including (1) Hard Construction Costs, and (2) Reimbursable
Costs, (3) D/B Contingency Fund.
Event of Force Majeure. The type of event defined in Section 31 of this
Agreement.
Final Completion. The date on which the last of the following events occurs: (1)
recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the
City; (3) submission of all documents required to be supplied by D/B to City under this
Agreement, including but not limited to as-built drawings, warranties, and operating
manuals: (5) and delivery to City of a Certification of Completion duly verified by D/B.
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Final Payment. Payment to D/B 35 days after date of Final Completion as set forth
in Section 15.
Guaranteed Maximum Price (GMP). The guaranteed maximum price (herein
"GMP") which D/B shall be paid by City for all Hard Construction Costs and D/B Fixed Fee
as set forth in the Agreement for the complete design and construction of the entire Project
as specified.
Hard Construction Costs. All costs D/B incurred in contracting actual construction
Work on the Project for the performance of the Work on the Project including a
Contingency Fund; but specifically does not include: (1) costs associated with the design
and construction management services to be performed by D/B under this Agreement or
(2) costs incurred due to D/B's negligence or failure to perform according to the terms of
this Agreement, including, but not limited to, failure to adequately supervise the Project,
use of materials which do not comply with the Construction Documents.
Management and Implementation Plan. D/B's detailed description of all
necessary procedures and methods to be utilized by D/B in performing its construction
services.
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 T.C.
Construction Company, Inc., ("D/B").
Phase I. Phase I shall consist of all services and events described or implied in
Section 5 of the Agreement.
Phase II. Phase II shall consist of all services and events described or implied in
Section 6 of the Agreement.
Phase III. Phase III shall consist of all services and events described or implied in
Section 7 of the Agreement.
Project. The design and construction of a completed and fully functional tunneled I
open-excavation trunk sewer line that will upgrade Reach 205 of the Poggi Canyon Trunk
Sewer.
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Project Budget. The amount of money authorized by the Chula Vista City Council
to be expended on this Project, including the GMP, Reimbursable Costs and all other City
costs.
Project Site. All areas where Work is to be performed pursuant to this Agreement
as shown in the Construction Documents.
Project Team. All participants involved with the project
Reimbursable Costs. Includes the premiums for Performance Bond and Payment
Bond furnished by D/B pursuant to Section 10 of the Agreement, the net premiums (less
any premium returns) for the insurance, including costs for insurance brokers, deductibles,
Safety Program and consultants which DIB is required to purchase and maintain pursuant
to Section 11 of the Agreement, the cost of all necessary permits obtained by D/B for the
Project pursuant to Section 3.1.11 of the Agreement, and the costs of subsurface
investigations performed pursuant to Section 3.1.14 and 3.1.15 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 utilize the entire facility 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
Poggi Canyon Trunk Sewer I Upgrade of Reach 205
Exhibit 2 Design Build Fee Structure
Exhibit 3 Identification of Design Build Team Members
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EXHIBIT 1
RFP for Design Build Services for
Poggi Canyon Trunk Sewer I Upgrade of Reach 205
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City of Chula Vista
General Services Department
Project Development & Management
Statement of Qualifications
for
Design-Build Services
for
Poggi Canyon Trunk Sewer/
Upgrade of Reach 205
June 18, 2004
I,
Submitted by:
, ~ TC Construction Company, Inc.
CONSTRUCTION
COMPANY
In association with:
Hirsch & Company 5-bZ-
CONSULTING ENGINEERS
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constryctlon
June 18,2004
City ofChula Vista
Attn: Roberto Yano
company General Services Department
1800 Maxwell Road
Chula Vista, CA 91911
t Subject: Poggi Canyon Tnmk Sewer / Upgrade of Reach 205B - Proposal for Design-Build Services
Dear Mr. Yano:
T tc
,,',', construction TC Construction, Inc. (TC) in response to the City's RFP for Design Build Services for Poggi Canyon
company
inc. Tnmk Sewer / Upgrade of Reach 205B, has assembled a team of local design and construction
professionals with the necessa¡y expertise to successfully deliver on the City's fll'St design!build sewer job.
We applaud the City for exploring non-conventional delivery systems to expedite the sewer replacement
10540 program, TC's team understands this difference and is committed to working with City staff to make this
prospect ave. project a model for future D/B ventures.
santee, ca.
I 92071-4529 TC is proud of its more than 30 years of construction service to a wide variety of public agency and private
clients in the County of San Diego, We have completed a number of similar sewer pipeline installations
using a variety of trencWess construction techniques, including many that have traversed Caltrans right-of-
r (619) way. We are familiar witb Caltrans' construction policies and procedures,
We are pleased to have Hirsch & Company, Consulting Engineers, as our design partner for this project.
i', 448-4560
Like TC, Hirsch & Company is a long-time San Diego fInn and specializes in the design of water and
sewer infrastructure projects. Hirsch has provided similar sewer design services to many of the region's
wastewater agencies for more than thirty years. Their sewer resume contains some of tbe largest seweT
fax projects completed in San Diego County, including tbe $ 15 million North Mission Valley Interceptor
(619) Sewer project for the City of San Diego that was recognized nationally as the Project of the Year by tbe
258-9751 North American Society ofTrencWess Technology as well as locally by tbe San Diego Chapter of ASCE.
Collectively, TC and Hirsch share the common goal of providing the City with quality based, customer-
oriented design!build services. We recogrrize that this project is new tenitory for City staff, and it is crucial
estimating/ to have a D/B team that has a proven record of outstanding performance on City contracts. For more than
purchasing 30 years, both of our fInns have eamed the reputation of quality service, proactive management style, and a
fax responsive, fair approach in resolving issues, Our team will take ownership of the project, and be
[619J responsible for its successful completion.
448-3341
Upon evaluation of our proposal and our subsequent interview, we are confident that tbe City will conclude
that the TC/Hirsch team is tbe best choice to provide tbe expertise and resources necessa¡y for this project.
Our team oflocal businesses is committed to helping tbe City achieve its goals on this project. We thank
state you for your consideration and look forward to our selection as your DesignlBuild Contractor.
contractors
license
no. 402459
, Sincerely;
TC Construction Company, Inc.
tW aJe- 6--(",3
WesWise
Vice President of Business Developmeut
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Table of Contents ,
Section 1 Executive Summary
Section 2 Identification of the Design Build Team
Section 3 Experience and Technical Competence
Section 4 Proposed Method to Accomplish the Work
Section 5 Knowledge ofthe Local Environment
Section 6 Project Organization and Key Personnel
Section 7 Quality and Schedule Control
Section 8 Financial Arrangements
Section 9 Exceptions to the RFP
Section 10 Addenda to the RFP
Section 11 MiIÙmum Qualifications
Section 12 Schedule of Fees and Rates
Section 13 Additional Information
Appendices
A Key Personnel Resumes
B Contractor's license and Bond Letter
C Project General Conditions
D Preliminary Cost Estimate
E Design and Construction Schedule
F Insurance Coverage
G Financial Statements
H Site-Specific Health and Safety Plan
I Addenda
,
J Letters of Recommendation
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~ 1 industry with more than $500,000,000 in
~ 5 construction activity in the past 25 years,
Executive ummary
The Design-Build team assembled for the TC Construction was awarded
Poggi Canyon Trunk Sewer I Upgrade of the prestigious" Contractor of
Reach 205 project is led by TC Construction the Year" award in 1999 by the
Company, Inc. (TC). TC will coordinate the EGCA.
work of the designers and constructors and
wil1perform the construction, in conjunction
with our selected tunn~ling subcon~or. Our Management Structure and Organization
civil engineering desIgn partner, Hirsch &
Company, (CA Civil Engineering The design build team will function in a
Registration C382l7) a local civil engineering prime/sub contractual relationship with TC
and land surveying fInn, will be subcontracted serving as the prime D/B entity and
to provide the design and quality control responsible for overall project management
professional services. Haley & Aldrich and coordination, job site safety, construction
(H&A) will serve as our tunnel design and, above
¡ engineer and work closely with Hirsch. to all, client TC. Hirsch and Haley &
¡ develop the project's design and construction satisfaction. Aldrich principals will
documents. Hirsch & . t" roles
C serve In ac Ive
. . ompany . "
TC Construction was orgaruzed m 1 977, ~ will lead the throughout this high
construction specialists I~ the. reparr, design tearn profile project"
replacement and new mstallation. of and be
underground water, sewer and ~torm drams. responsible for developing construction
Since its inception, the Corporation has been documents that meet the City's design criteria,
well-known in the San Diego area for its on- CAD standards and permit requirements of
time, on-budget, high quality public ~ork. TC affected agencies and other City Departments.
has an exemplary recor~ of completing v:ater H&A will be a major subcontractor to Hirsch
and sewer infrastructure Imp,mvement proJ~ts and be responsible for the tunneling design
without cost overruns or clauns. By focusmg under Interstate 805.
on safety, quality and mutual profitability, we
have earned our reputation as an industry TC, Hirsch have committed principal level
¡ leader. Our devotion to continuous staff members to serve in key roles of
improvement has allowed us to develop responsibility through the duration of the
successful long-term opportunities for the project. Mr. Wes Wise, Vice President of
company and its clients, Business Development of TC and Mr. John
. Harris, PE, President of Hirsch & Company
The current officers ~f TC Constru<:tion ~: will be active participants throughout the
Terry Cameron, . PresIdent; Wes WIse, VIce project. Continuity and consistency are the
President of Busmess Development; Steve P. key elements to the long-term success of both
¡ , Coker, Secretary, and R~an Yeakle, Controller [¡nns and equally critical to the success of this
. and Carlos Perea, Chief ~stimator. TC project. Mr. Wise brings 13 years of
Construction has established Itself as a leader construction experience in San Diego, while
m the Southem California construction
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Mr. Harris provides 25 years with Hirsch, The Quality
City can be assured that these key individuals
will be with the job from the Notice to Proceed All members of this team are committed to
until its completion. This commitment delivery of a high quality project. We
demonstrates our team's understanding of the appreciate the scrutiny this project will receive
importance of this project to the City. We also and want this first trunk sewer design/build
recognize the importance of the project to our project to be successful, which will enhance
individual firms and the team as a whole since our team's position for consideration on future
it will be a high-profIle, very visible project projects. Quality control IS an on-going
where senior City staff and Council offices function throughout the project. It requires a
will be observing and monitoring the progress. proactive approach and relevant experience to
integrate quality control concepts. Our quality
In our effort to assemble our project team, a control manager, Mr. Steve Coker, will work
primary goal was to assure that we have with Hirsch's counterpart, to create a specific
proven experience and leadership in all key project -oriented QC plan. This plan will be
roles of the project team. This will ensure that used to ensure all City standards are met in the
the project moves swiftly from the notice of design phase and appropriate QC elements are
award, through design and into construction, completed in the COUStruction phase. Steve's
Our team's project manager, Mr. Wes Wise, sole duty on this project will be the
I provides this experience and proven implementation of our QC plan.
understanding of how to complete multi-
disciplinary coustruction projects efficiently. Design Initiatives
Wes's approach to successful project
management is to keep it simple, keep it Given the depth of experience and local
structured and maintain communication. knowledge our team possesses, we are
confident in our ability to identify design
TC's team with a streamlined, experienced features that will streamline the approval
management structure will deliver the City the process, minimize community impacts and,
following attributes: overall, expedite completion of the project.
The City can be assured that TC, Hirsch and
, Active construction insight during the H&A will develop the most cost -efficient
design phase. design that achieves the necessary balance of
, Active design support throughout maximizing construction production with
construction. minimizing community, traffic, business and
, Leadership environmental impacts. In addition, our goal is
, Strong lines of communication and produce a design that will streamline the
authority. Caltrans review process. Our team is
, Project ownership and experienced with Caltrans' standards for utility
Accountability. crossings and will implement this experience
, to expedite the design review process.
, This management team and approach assures To minimize unforeseen conditions while
appropriate coordination and information
dissemination and efficient procurement of tunneling under I-80S, we are proposing to
materials and resources. conduct our geotechnical investigation using a
~ TC Construction Company, Inc. 5-0b HIRSCH & COMPANY
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horizontal directional drilling rig in addition to this alignment at the local level and eliminate
the standard vertical hollow flight auger. The the waiver process or consider an alignment
HDD techniques will enable our tunnel design reVISIon.
team to inspect soil sample along the proposed
alignment tunnel and accurately develop a Declarations
tunnel design to meet existing conditions.
If soil conditions pennit, another design ,. TC Construction Company, Inc. certifies
that it takes no exception to this RFQ.
initiative being considered is the reduction of
the casing size from 42" to 36". The bell aD ,. We acknowledge receipt of Addendum #1.
for PVC pipe is less than 30", which provides ". Our preliminary project estimate
sufficient clearance to install the pipe and grout , is
the annular space. Savings can also be $965,875 (See Appendix D for detail) and
recognized depending on the selected casing is inclusive of pre-construction, design,
wall thickness. land surveying, tunnel engineering,
resident engineer services and construction
Both of these initiatives are intended to reduce activities required to complete the work as
the overall project cost without sacrificing shown on the conceptual plans included
quality of the end product. with the RFP.
:t' Design Strength Summary
Although this project is "only" 600 feet in TC Construction, Hirsch & Company and
length, expediting the design through the Haley & Aldrich have established workin
Caltrans process will be a key milestone in the relationships on TC' Construction's
success of this project. Hirsch & Company similar large
provides unequalled large diameter sewer diameter sewer project estimate is
pipeline design and surveying experience and tunneling $200,000 below
is currently working with H&A to obtain projects and each the City's budget.
Caltrans encroachment pennits for three (3) fIrm has previous
36" diameter crossings of Interstate 8 using experience
72" casings and a four-segment l800-foot working on design-bu proJec s. s project
i crossing of Highway 163 with a 36" sewer in a will be a SHOWCASE and, as such, requires a
i
; 60" casing. Hirsch is very familiar with the TEAM with experience and a history of
Caltrans design guidelines and understands the outstanding performance on City projects.
importance of complying with the maximum TClHirsch/H&A will provide the team spirit
15° crossing angle. The Highway 163 crossing and dedication this project will require to
cannot maintain this design standard and a negotiate the leaming curve on the City's fIrst
lengthy waiver process through Sacramento is designlbuild sewer improvement project. Our
currently underway. team looks forward to its selection as the
Design-Builder for the Poggi Canyon Trunk
, The concept design presented with the RFP Sewer Upgrade of Reach 205 for the City of
shows a skew angle of 27°, our first item of Chula Vista.
work will be to obtain Caltrans' s acceptance of
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Section 2 Secäon 3
Identification of the Design Experience and Technical
Competence
Build Team TC Construction has completed in excess of 20
Prime Contractor: TC Construction large (> $3,000,(00), multi-trade infrastructure
Company, Inc. - founded in 1977 improvement projects in the past 5 years,
These projects were completed on time,
Legal Entity: A California Corporation without any dijJù;ulty with claims. The
majority of the City of ChuIa Vista projects
Address: 10540 Prospect Avenue involved large diameter piping, coordination
Santee, CA 92071-4529 with subcontractors and City Operations staff
and community outreach, similar to tlris
Phone: 619-448-4560 design-build project.
Fax: 619-448-3361
Described below are projects we have
" Contacts: Wes Wise, Project Manager completed in the last 5 years, wlúch entailed
i the same key elements that are associated with
Employees in San Diego County: 400 the Poggi Canyon Trunk Sewer I Upgrade of
Reach 205 project.
Chula Vista Business license: 028145
Project Name: LA JOLI.A!PACWlC BEACH
CA Contractor's license: 402459, Class A & TRI'NK SEWER (CHELSEA STREET)
C-2l
Client/Owner: CITY OF SAN DIEGO
Design Engineer: Hirsch & Company, Project Manager: Mr. Clem Wassenberg
Consulting Engineers - founded in 1965 Phone Number: (619) 533-5154
Project Type: Trunk Sewer Design and
Legal Entity: A California Corporation Construction Observation
Address: 4499 Ruffin Road, Suite 300 Construction Value: $7,000,000
San Diego, CA 92123 Project consisted of construction of 2,200 lineal
Phone: 858-565-4545 feet of 21-inch open cut sewer line, 1,100 lineal
feet of a 72" rib-and-lag tunnel, a over 5,000 feet
Fax: 858-565-4541 of eight-inch sewer line and 61 house replumbs.
Contacts: John Harris, PE, President The 61 sewers replumbs required entering the
homeowners backyard, remove the existing four
Cecil Rehr, PE, Vice President inch sewer lateral and move it to the front of the
Employees in San Diego County: 38 property to be connected to the new service line.
Work also included site improvements, paving
Chula Vista Business license: 046817 work, extensive landscaping and more than a mile
, and a half of traffic control on La Jolla Boulevard.
One of the projects many lúghlights consisted of
the 20-foot wide x 40-foot long by 36-foot deep
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steel beam-and-plate pit on La Jolla Boulevard. for the City of Chula Vista. The project
This provided access for the 1,100 lineal feet of consisted of installing approximately 15,000
Zl-inch tunneled sewer line. The open cut feet of 42" PVC C905 trunk sewer and over 50
portion went to a depth of 25 feet and the tunnel pre-{;ast 6 and 8-foot diameter manholes. All
portion was over 40 feet deep. manholes were "T-Locked" and Zebron
coated. Most of the work was located in heavy
Haley & Aldrich provided the tunnel design and traffic within Main Street. Along with the new
tunnel construction support services for this sewer mains, various storm drains systems
project were installed along the course of construction.
One of the project highlights was the bore and
Project Name: "G" STREET TRUNK SEWER jack of a 60" steel casing for a 42" PVC carrier
pipe underneath the MTDB trolley tracks.
Client/Owner: em' OF CHUL4 FIIT,4 Cecil Rehr, Hirsch
Project Manager: Mr. Kirk Ammerman & Company's Lead
Phone Number: (619) 397-6121 Engineer was the Design Engineer for this
Project Type: Trunk Sewer Design and project.
Construction Observation Design Team Experience
Construction Value: $700,000
Hirsch & Company's design staff has an
fustallation of sewer piping and related work extensive resume of large diameter sewer
along "G" Street, approximately between related infrastructure design projects that
Broadway and west of Bay Boulevard, in the City contain many of the same key elements that
of ChuIa Vista, California. The project consisted are anticipated for the Poggi Canyon Trunk
of installing over 2000 feet of 27" PVC SDR 35, Sewer / Upgrade of Reach 205 project. Except
over 100 feet of 21" and 18" PVC SDR 35 and a where noted individually, the specific
small amount of 8" PVC SDR 35 for side street experience listed below includes all members
connections. Due to the close proximity of the . of the Hirsch design team proposed for this
existing 15" clay sewer main, the job required project.
sewer bypassing. After the new sewer utilities
were installed, paving, striping, and traffic loops Project Name: SOUTH MISSION V ALLEY
complemented the project with a clean TR1JNK SEWER
professional look. Client/Owner: ern (If SIN DltGO
w'4IER & W4SlEllATtR FAUL/Tlt.S
Project Name: SALT CREEK GRA VITY SEWER LJ/IIISIO,\'
Project Manager: Mr. Clem Wassenberg
Client/Owner: em OF 011 '1-1 \'IS71 Phone Number: (619) 533-5154
Project Manager: Mr. Kirk Ammerman Project Type: Trunk Sewer Alignment Study /
Phone Number: (619) 397-6121 Design
Project Type: Trunk Sewer Design and Construction Value: $24,000,000
Construction Observation
, Construction Value: $5,439,601.00 Hirsch & Company is providing design services
for the replacement of approximately 18,000 feet
fustallation of a sewer trunk main and related of the South Mission Valley Trunk Sewer
work along Main Street and Otay Valley Road (SMVTS). The SMVTS is located within the
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frontage roads along Interstate 8 between Mission
Center Road and Interstate 5. The project includes "Hirsch & Company has been vel}' pro-active. If we had a
the installation of 12,800 feet of 36"-42" diameter queslion...you had the answer! You have worked actively
trunk sewer, 5,000 feet of 24" diameter trunk with us to iron out issues with OUT deparlment, traffic
engineers, and the hotel owner community. .
sewer and 5,000 feet of 8"-10" diameter collector Clemens Wassenberg, City of San Diego
sewer, It contains numerous design challenges
that are a measure of Hirsch & Company's
pipeline expertise technical capabilities. A
summary of the key design elements is as
follows: Project Name: CANYON TRUNK SEWERS-
BALBOA A VENlJE TRUNK SEWER
,. 3,500 foot x 84" conventional tunnel for Client/Owner: ('IT)' Of SAN /)/£:(;0
the 42" diameter trunk sewer along MUROPOUTAN W4STEWATER DEPARTMENT
Taylor St. Project Manager: Mr. Mike Moradi
,. Two 600 foot X 72" steel casings with 36" Phone Number: (619) 614-5764
sewer pipe bored and jacked under Project TYPe: Trunk Sewer Alignment Study I
Interstate 8 Design
~ Four 36" DÙcro-tunneled reaches with 72" Construction Value: $7,000,000
steel casing under Highway 163 This project consisted of two parts - the
,. Rœonnection-of 27 sewer laterals replacement of the 8 and IS-inch diameter
sewers located at the west end of Balboa
,. Maintain utility service to numerous Avenue and the replacement of the l2-inch
hotels and office buildings along the diameter sewer at the east end of the trunk
pipeline corridor sewer, between Rolf Road and Mabon Place.
.,. Develop traffic control plans to minimize The west end section will replace the sewers
traffic and community impacts along within the canyon with a new 24-inch
Hotel Circle North and South. diameter trunk sewer (approximately 2,000
vacation acquisition feet) located within Moraga Drive and
.,. Easement and Balboa Avenue, which ties into the 72-inch
services diameter Morena A venue Trunk Sewer. All
,. Extensive Caltrans permitting and of the sewers located within the canyon will
coordination be abandoned, The new 24-inch diameter
Environmental consultation with the trunk sewer will be located within a
.,. conventional tunnel (9.5 feet horseshoe)
Army Corps of Engineers, US Fish and
Wildlife Service, and CA Fish and Game and was designed to accommodate the future
Balboa Terrace Sewer Project (2 I-inch
Haley & Aldrich is providing tunnel design diameter), which is being designed by City of
services to Hirsch on this project. San Diego staff. The east end section will
intercept all of the sewer flow at the
¡
j , intersection of Rolf Road and Williamette
Road and convey the flow via a new l8-inch
diameter trunk sewer. The route of the new
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sewer will follow Rolf Road, Clairemont the north side of the San Diego River through
Mesa Boulevard, Clairemont Drive, Joplin the heart of Mission Valley. Construction
A venue, Pocahontas Road and Mabon Place through this area of sensitive wetlands and
for approximately 7,000 feet. The existing high-density developments required
l2-inch diameter sewer will remain to extraordinary planning and permitting services.
convey local flow. The new 18-inch and H&C worked closely with property owners and
existing 12-inch diameter sewers will tie MTDB to ensure
back together within the cul-de-sac at the the NMVIS Project Elements
south end of Mabon Place. pipeline alignment » Master Planning
was compatible » 4 Caltrans Crossirig It
Haley & Aldrich provided tunnel design with their El1O'I!iId1ment Pênnits
services under this project as well. development » WeUancl Mitigation
plans, worked » Tunnd/Miaotunnell
Project Name: NORTH MISSION closely with » Jacked Pipe Design
V Al.l.EY INTERCEPTOR SEWER (NMVIS) stakeholder » Right-Qf-Way
PHASES I & 2 agencies to secure Erigineering
Client/Owner: On OF S,\:v DIEGO all regulatory » River Crossing
Project Manager: Jeff Collingwood permits required; » Close COordinàtionwith
Phone Number: (619) 533-5259 and worked with Multiple City
Deparbnenls
Project Type: Trunk Sewer Design the City's » National Award Winner
, Construction Value: $30,000,000 environmental, For Use ofTrenchless
property and Technolo!ly
Hirsch & Company completed the design of the traffic
NMVIS replacement in three phases from 1991 departments to
to 1997, one of the City of San Diego's largest obtain their
interceptor sewers, serving a tributary area of approvals.
approximately 250 sq. mi. and 500,000 people.
HCO prepared a master planning report for HCO managed an
the NMVIS pipeline that projected the capacity extensive list of
requirements to meet the projected build-out specialty
condition of the tributary area; and hydraulic subconsultants to
design parameters to accommodate a peak flow complete the
of 123 MGD. multi-disciplinary
aspects of the
The NMVIS pipeline consists of approximately project, including
6 miles of 72" to 96" diameter plastic lined archaeologists, biologists, corrOSIon,
reinforced concrete pipe. Design services were geotechnical, structural, environmental, value
also provided for 3 miles of 12" to 36" engineers, and revegetation specialists. HCO
diameter collector sewers. The pipeline was surveyors performed aerial and detail site
designed for a variety of construction surveys using GPS survey techniques, The
, techniques, including conventional open first phase of the project was completed 10
trench, tunneling, micro-tunneling and pipe months ahead of schedule and under budget
jacking. The NMVIS pipeline is located along with less than 1% construction change oFders.
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HCO received an Award of Merit from the recently for several local San Diego area
San Diego Section of the American Society of trenchless pipeline installations. These projects
Civil Engineers for outstanding civil include the South Mission Valley Trunk Sewer
engineering achievement for the design Replacement project for the City of San Diego
portion of the NMVIS 1 project and the working as a subconsultant to Hirsch &
NMVIS2 project was awarded the 1997 Company, the Alvarado Water Treatment Plant
Tunnel project for the City of San Diego, and the
"The ~SfUJ design, constnJction and operation Moreno Lakeside Pipelines 1ìmneIs for the San
North Mission Valley Inlerceptor Sewer required Diego County Water Authority.
detailed understanding of the oommunity and a
cambination of technical, administrafive and manage- Our experience brings together sound
ment expertise. Hitsch & Company, Consulting
Engineers, has been able to provide this for the approaches to ground characterization, a
North Mission Valley Interceptor Sewer project ... thorough understanding of soiJIstructure
the success of this project can be directly attributed to interaction, and knowledge of constructability
the planning, design and construction assislance of the issues in the use of advanced tunneling
Hirsch & Company project team. "
Jeff Collingwood, City of San Diego techniques and trenchless construction.
Project Name: LA JOLI.A/PACIFlC BEACH
Outstanding Civil Engineering Project Award TRUNK SEWER (CHELSEA STREET)
I in the Wastewater Systems category by the
American Society of Civil Engineers, San Client/Owner: On' OF SAN D¡u;o
Diego Section, and the 1997 Project of the Project Manager: Mr. Clem Wassenberg
Year Award for New Construction by the Phone Number: (619)533-5154
North American Society for Trenchless Project Type: Trunk Sewer Design and
Technology. Construction Observation
Construction Value: $7,000,000
Tunnel Designer Experience Haley & Aldrich provided design services for the
H&A has extensive tunneling experience with La Jolla/Pacific Beach (Chelsea Street) Trunk
both hard rock and soft ground tunnels. Our Sewer project. The new 21" diameter sewer
tunneling expertise is highlighted by the Boston pipeline replaces the aging, existing sewer line.
Central Artery project ("The Big Dig"), where The pipeline was replaced for approximately
Haley & Aldrich served as the project 3,800 If, at depths ranging from 12 to 30 ft. The
geotechnical engineer for the design of tunnels southem 1,630 ft of the project was proposed for
and access shafts. In addition, we provided construction with open-face shield tunneling
construction management for tunnel and shaft techniques, The overall project also consisted of
construction for the Central Artery project. Haley approximately 2,200 ft of new 8" -<liameter sewer
& Aldrich has provided engineering services for collector pipeline and reconnection of an
support structures and buildings for numerous estimated 101 sewerlaterals.
large and small tunneling projects. Haley &
, Aldrich has also performed geotechnical The project site is situated in a heavily populated
investigations and engineering design and residential/commercial area of north San Diego at
provided construction management services the juncture of the communities of La Jolla and
Pacific Beach. The challenging distribution of
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~\f?- City of Chula Vista Proposal for Design Build Services
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large cobble sediments and lúghIy cemented curvellessons learned to ensure success for the
siltstone formation throughout the alignment Poggi Canyon replacement project. Recent
provided significant challenges to the project design build projects include:
design. Black Mountain Road Pipelines, City of San
Haley & Aldrich provided a fun service Diego Water Department. Project Cost: $25
geological investigation and geotechnical million.
engineering recommendations for the design Raw Water Transmission Pipeline, MCB
and construction of the man-entry tunnels, cut-
and-cover sewer lines, and numerous sewer Camp Pendleton. Project Cost: $6 million (fC
laterals. Haley & Aldrich also provided design Construction is the pipeline subcontractor to
support services in the form of contractor shop Pacific General, Inc.)
drawings and submittal review working with Area 51/52/53 Sewer Improvements, MCB
TC Construction as the project progressed. Camp Pendleton. Project Cost: $2 million
Coordination of Design and Construction Piers J & K Security Buildings, NAS North
TC Construction and Hirsch are currently Island. Project Cost: $500,000
working together on a $6 million designlbuild Upgrades to Sewer Treatment Plant 2 & 9,
pipeline project for MCB, Camp Pendleton. In MCB Carnp Pendleton: Project Cost
addition, Hirsch has provided construction $4,000,000.
survey services on many of TC's recent
projects. The fIrms have developed an Qualifying Training
excellent working relationslúp and understand
the importance of their respective roles on the TC has trained construction personnel
project. Our clients benefit from the combined necessary to complete all phases of the project.
synergy of our design/construction teamwork. Key individuals are trained in confined space
Both of TC's proposed Project and entry, competent safety, SWPPP certification,
Construction Manager are currently working construction health and safety practices, fIrst
together in similar roles with Hirsch on the aid, accident prevention and HAZWOPER.
design and construction of the Camp Our finn's long history in the construction
Pendleton project. industry demonstrates our commitment to a
safe and accident-free job-site. We propose to
We propose to bring the same teamwork and work with the City's safety officer to develop a
mutual respect to the Poggi Canyon project specific safety plan and follow that
replacement project. plan through completion of the project.
Over the past 5 years, Hirsch has been
involved in a number of design build projects
and the list is increasing daily as more clients
are embracing the benefits of design build.
, Our experience also gives us some insight into
the pitfalls associated with design build. We
propose to utilize our previous learning
(:ij TC Construction Company, Inc. 5-73 HIRSCH & COMPANY
-9-
(,'_·:n,'(
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~'I~ City of Chula Vista Proposal for Design Build Services
:-:'lfi -:; General Services Department Poggi Canyon Trunk Sewer
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Section 4 field explorations, we will contact Underground
Proposed Method to Service Alert and coordinate with the City of
Chula Vista to locate underground utilities.
Accomplish the Work We will also obtain the necessary Caltrans
4.1 Technical Approach encroachment pennits and exploration pennits.
Our team has reviewed the site conditions for the The exploratory borings will be performed on
project based on the pre-proposal site visit on 11 each side of I-805 where tunnel shaft locations are
June 2004 and the available topographic maps. anticipated. The borings will be completed using
The s\lbsurface soils along the pipeline alignment truck-mounted hollow-stem auger drill rigs to a
most likely consist of fill material placed to fill depth of approximately 25 feet below the existing
Poggi Canyon for the residential development in ground surface. We will obtain soil samples
the area and the highway embankment. Oversize using California drive samplers at approximately
material or construction debris may have been 5-foot intervals and will obtain bulk samples of
placed within the fill at the time of the placement, the surficial material. These soil samples will be
consistent with construction practice at the time. returned to the geotechnical laboratory for further
Following the Notice to Proceed our primary classification and testing. We will backfill the
focus will be the completion of the soils borings will cementlbentonite grout upon
> investigation to detennine the nature of the fill completion.
L
, material because of this uncertainty.
If we are unable to locate documents that
In order to evaluate the subsurface conditions sufficient! y document the fill placement and
along the proposed pipeline alignment, Haley & nature of the fill and to aid in our characterization
Aldrich will perform a geotechnical investigation of the subsurface conditions beneath Interstate
consisting of a review of available existing 805, we propose to perform exploratory crossing
geotechnical data and construction records, a field using horizontal "
investigation, and engineering analyses. Based directional drilling An IMOVatlYe
on the results of the geotechnical investigation, (HDD) techniques. drilling technique
our design team will develop tunnel specifications This will involve is proposed to
and the design for the !renchIess crossing of the drilling an confirm soil
pipeline beneath Interstate 805. approximately 4-inch conditions along
diameter boring
As part of the geotechnical investigation, we will along the proposed the tunnel profile
perform a field investigation, laboratory testing, alignment to evaluate
engineering analyses, and prepare a summary the potential for oversize material or construction
report. The field investigation will be performed debris within the fill embankment along the
to evaluate the subsurface conditions at the site alignment. It is our opinion that this method will
,
the excavation characteristics of the soil and will reduce the construction risk of encountering
, include a site reconnaissance and an exploratory oversize materials unanticipated in the final
boring at either end of the proposed alignment in trenchIess design. If oversize material is
the area of the proposed shafts for the trenchless encountered, the tunneling method will be
portion of the alignment. Prior to performing our developed accordingly.
~ TC Construction Company, Inc. 0- -/1/ HIRSCH & COMPANY
':<fL-,', - 10-
__ ___ ~._.__.__ ._.___ ___ _~__._ _.m..."_'___.____.···.__·.·_··~__·__·__~
~Ir?- Cityof ChuIa Vista Proposal for Design Build Services
::-~_-::;: General Services Department Poggi Canyon Trunk Sewer
~~::::~ ,
We will evaluate the subsurface conditions based produce the approved set of construction
on our review of available information and our documents.
field and laboratory investigations. Based on the
subsurface conditions, we will develop Following approval of the final design package
geotechnical recommendations for the design and and the establishment of the GMP, TC
construction of the pipeline by both conventional Construction will execute the following
open cut and trenchless techniques, as procedures to ensure a safe and quality project:
appropriate.
We will present the results of our field · Hold a preconstruction meeting with all
explorations, laboratory testing, engineering team members
analyses and recommendations in a geotechnical · Go over all safety issues and areas of
report. concern with team members
· Call for Dig Alert before any
Following the recommendations of the excavation takes place
geotechnical report, Hirsch & Company and · Excavate and install the jacking pit
Haley & Aldrich will develop tunnel design · Mobilize Bore/Jack sub to start
details and specifications for construction. We tunneling
plan to evaluate the subsurface conditions to · As tunnel sub is working, TC will
I evaluate the most appropriate trenchless install open cut sewer main from MH 1
technique to construct the pipeline. Based on thru MH 2
our current understanding of the site conditions · Install receiving pit for tunnel sub
and the proposed pipeline crossing, we · Once tunnel sub is finished, TC will
anticipate evaluating pipe jacking, install the 8-foot MH and associated
microtunneling, and HDD installation piping on the East side
techniques to provide a reliable and cost · Before any sewer connections TC will:
effective construction method. Mandrel, TV, and Air Test sewer main
to ensure that the main was installed
Design submittals are proposed at the 50%, proper! y
90% and Final levels of completion. To · After testing, TC will backfill both
expedite the project, the 50% design will be of Jacking and Receiving pits & prepare
sufficient detail to submit to Caltrans to start for the sewer main connections
the encroachment pennit process. The design · Connections will be made at MH 4 and
team will continue to refme the project through the existing manhole (east side) to
the 90% design with the expectation that the divert sewer flow down the new 27"
90% design submittal will include the final sewer main
geotechnical report and the initial comments · After all connections, TC will rehab the
from Caltrans. It is our understanding that the existing manhole (east side)
90% design will be used to develop the
Guaranteed Maximum Price (GMP) for the · Slurry abandonment ofthe existing 18"
, construction phase. As such this submittal VCP main will take place once all
must be complete, The Final design will connections are made
incorporate all City and Caltrans comments to
~ TC ConstnK:tion Company, Inc. 5-75 HIRSCH & COMPANY
-11-
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--.--.,.,.
~N?- City of Chula Vista Proposal for Design Build Services
:;-~_-= General Services Department Poggi Canyon Trunk Sewer
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· Any hard surface improvements and and we utilize Quality Assurance and Quality
landscaping will be performed before Control during both the design phase and
TC Construction demobilizes construction phase. We will develop and share
· Final walk with the City of Chula Vista with the City Project Manager our final design
for Notice of Completion specifications and construction drawings. We
· Hold a job walk 11 months after project will obtain all necessary permits.
completion TC Construction will work closely with the
City to identify those underground structures
which the City anticipates will require
4.2 Project Management replacement or repair in the subject area,
Approach perform the necessary document investigation
(including utility records, prior as-built
TC Construction Company understands the drawings and drawings of record, and other
importance of continuity from design through relevant records and archives pertaining to
construction and has structured the project utility locations) and will consult with USA in
organization to assure one team leader (the markouts, in order to identify all known
Project Manager) will supervise and structures and obstructions relevant to the
participate in all phases of the project. We will project site. We will institute environmental
meld the minds of designers and builders monitoring and provide for mitigation
t continuously throughout the project to measures as required. We will contact and
maximize the advantages of the design-build coordinate with local resource agencies. We
model (including enhanced communication will video tape existing conditions prior to
and the viewing, from the construction initiation of any work, and we will initiate
perspective, of designs, materials and participation in the public information and
methods). community outreach program and maintain
Working with our design partners, Hirsch & community outreach throughout the project.
Company and Haley & Aldrich and in Safety Program
coordination with the City's Project Manager
Caltrans, and other utility owners and An integral part of our pre-construction
contractors, our Project Manager will assure planning is the implementation of our
his team is performing necessary geotechnical unparalleled field safety program. James
investigations and potholing to verify locations Jonas,
of utilities and obstructions and will utilize implem TC Construction will
state-of-the-art techniques, and the City's own ents our provide on-site safety
prior investigations, to design a specific plan team's officers and develop a
for repair and replacement of subject field project specific safety plan
structures. We will specify and verify our tie- safety
in points. program to protect the construction
. James team.
' Our design-build team will continuously has 20
perform Value Engineering to assure best years experience in job site safety supervision
value for the City and the project constituents on projects for the Navy, Caltrans, County of
~ TC Construction Company, Ine. 5-7fo HIRSCH & COMPANY
- ]2-
"",11<
~!/?- Cityof Chula Vista Proposal for Design Build Services
::-.JI.....-:: General Services Department Poggi Canyon Trunk Sewer
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San Diego, San Diego County Water of the equipment they operate for trenching,
Authority and City of San Diego as well as the backfilling and compacting, and paving
City of Chula Vista. His attention to detailed operations. Pipe layers are trained in the safe
specifications results in quality workmanship and proper
completed correctly the first time. technique of TC's in-house on the
trench
Our site-specific safety plan is included shoring and job training program
Appendix H. pipe laying ensures our
Capacity to Perform operations. employees are
We have properly trained to
TC Construction has San Diego's largest and several execute public works
best maintained fleet of construction people projects.
equipment, including excavators, loaders, trained in the
true proper use of
ks, TC Construction's capacity to Erosion Control and Storm Water Pollution
and perform can be demonstrated Prevention technology and recognize that this
f othe by our alVlUOl performance of is a rapidly changing industry and we must be
diligent in our efforts to stay abreast of the
r more than $40 million worth latest regulations. We send our personnel to
equi
pme of public works construction First Aid, Confined Space, and Competent
nt each year for the past 5 Person Training for shoring, on a regular basis.
nece years. Our design partner, Hirsch & Company, is
ssar equally well equipped to perform the design
y to duties associated with this project. The f¡rrn
complete the construction portion of the has a local staff of 38 employees and maintains
project on schedule and with quality dedicated design teams, using AutoCAD and
workmanship. In addition, we employ a staff Microstation CAD software to meet the
of certified welders, mechanics and pipe fitters individual requirements of each project.
that maintain our vehicles. Hirsch continually sends its employees to
Our personnel have been trained in the various continuing education courses to keep informed
aspects of the work required for this project. with the latest in traffic control design
Our foremen and mechanic have been with our requirements, storm water pollution prevention
company for over twenty years, the pipe layers design requirements and hydrology and
and operators have worked for us for five years hydraulics design requirements. In addition,
or more in laying pipe, trench paving and Hirsch utilizes the latest version of ArcInfo
compacting trenches. All of our employees GIS mapping software to upgrade facility
have been through an apprentice program for maps for clients.
their specific trade or have successfully
completed TC Construction's own on-the-job
, training program supervised by our most
experienced employees. Equipment operators
have been trained in the safe and efficient use
æ TC Construction Company, Inc. S-77 HIRSCH & COMPANY
- 13-
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~w~ City of Chula Vista Proposal for Design Build Services
-.-
.___ - General Services Department Poggi Canyon Trunk Sewer
~~~
Secäon 5 Secäon 6
Knowledge of the Local Project Organization and Key
Environment Personnel
TC construction has completed construction In recognition of the importance of tlùs
projects worth more than $500,000,000 over design/build project to the City of Chula Vista,
the past 25 years in Southem California, the TC Construction
majority of wlúch has been within San Diego has assigned its TCs commitment to
County. Over the past 5 years we have Vice President of the Poggi Canyon
completed more than $38,000,000 worth of Business
water and sewer infrastructure projects within Development, Mr. Trunk Sewer project
the City of Chula Vista. During the course of Wes Wise to serve and the City of
our projects we use door hanger notices as well as project manager Chula Vista is proven
as mailed notices releases to keep the public throughout the by the firm's 25
informed of project impacts to the community. duration of the
We have experience in all geotechnical project. The City year history in the
fonnations found within the City of Chula will receive the San Diego region.
Vista and have experience in excavating and benefit of Wes's This team will see
. shoring in fill and undocumented fill areas. 10+ years of
construction the project through
TC Construction is a leader in the local experience in the
construction industry and has been active in San Diego area. In the dual role of Project
the construction community since 1977. The Manager and Firm Principal, Wes has the
local chapter of the Engineering General authority to make decisions necessary to assure
Contractors's Association (EGCA) recognized the success of the project and will manage the
the fIrm in 1999 as the Contractor of the Year. fInn's resources, design consnltants and
This award recognized TC's dedication to subcontractors to the overall benefit of the
quality performance, record of safety and City. Wes' experience includes the
commitment to improving the local completion of many similar multi-trade sewer
construction industry. related infrastructure improvement projects in
the past 10 years. Overall, Wes has managed
Hirsch & Company's lead design engineer for over $50 million worth of pipeline
the project will be Mr. Cecil Rehr. Cecil's infrastructure projects in the past 3 years,
previous experience in Chula Vista includes To support Wes in tlùs project, we have
the Salt Creek Interceptor Sewer Phase I
project, wlúch consisted of approximately 4 assembled an outstanding team of design and
miles of 42" diameter PVC pipe. construction professionals as noted below,
TC Construction selected Hirsch & Company
, as our team's design consultant because of
their long standing lústory on similar sewer
improvement projects and our past working
relationslúp with the fInn showed that Hirsch
~ TC Construction Company, Inc. 5-76 H.lRSCH & COMPANY
- 14-
",rXf·'
~\ft.- City of Chula Vista Proposal for Design Build Services
-;;:l~--;;' General Services Department Poggi Canyon Trunk Sewer
_._--
,
shares the same core values of cost -efficient Construction Manager
work combined with the highest quality of Mr. Derek Franken serves as Construction
customer service. Like TC, Hirsch & Manager for TC Construction. His experience
Company will commit its Principal Engineer, includes over 25 years experience in all phases
Mr. John Harris, PE to serve as the team's of construction. He has managed turnkey
design manager. projects like Santa Luz and Sunbow, which
Team Project Manager had a combined contract total of over
$36,000,000.
Mr. Wes Wise will serve as the Team Project He has managed numerous municipal and
Manager for TC Construction. His experience private projects. He is extremely
includes work as a Heavy Equipment knowledgeable and skilled in the management
Mechanic, Welder, Pipe Layer, Operator, of crew and equipment along with making
Foreman, Estimating and Project Management himself fanùliar with the rules and regulations
with Pump Stations, Trunk Sewers, of the project.
Demolition and Steel Water Mains. He has
worked with City of Chula Vista, City of San Derek is certified as an OSHA trained
Diego, Leucadia Wastewater District, San competent person for confIned space, SWPPP
Diego County Water Authority and other City trained, First Aid, health and safety
Agencies throughout San Diego County. He is regulations, certified by the AGe as a
:1 skilled in estimating and managing large,
¡ construction supervisor
complex projects, and is able to coordinate
many vendors and subcontractors, As Project Derek is currently worldng with Hirsch &
Manager, he will ensure that schedule and Company as the construction manager for the
project goals are met. $6 million Raw Water Pipeline (19,0000' of
30" and 24") project at MCB, Camp
Mr. Wise served as the Estimator and Project Pendleton.
Manager for Pump Station 21, Salt Creek
Sewer, "G" Street Trunk Sewer, Chelsea Street
Trunk Sewer, and the Ardath Road widening QC/QA Officer
project for the City of San Diego. Coker has worked for TC
Mr. Steve
Wes is certified as an OSHA trained Construction since 1993 and will provide
competent person for confmed space, quality control/quality assurance for this
competent person, SWPPP, and health and project. Certifications include Federal
safety regulations, certified by the AGe as a Contractor Quality Control, Master Certificate
construction supervisor and as a Primavera P3 in Concrete Construction Management, AGe
project scheduler. Seven Management & Quality Control
Wes is currently working with Hirsch & Classes, Certified Competent Person, Certified
Confmed Space Entry and Certified Safety &
Company to manage the $6 million Raw First Aid.
, Water Pipeline (19,0000' of 30" and 24")
project at MCB, Camp Pendleton. Project experience includes the $4.2 million
Deerfield Water Plant & Transmission Main,
~ TC Construction Company, Ine. tC- - /9 HIRSCH & COMPANY
·15·
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~\If~ City of Chura Vista Proposal for Design Build Services
::-~_-= General Services Department Poggi Canyon Trunk Sewer
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_.__.-
,
the $1.2 million San Diego County Water many similar project elements as the Reach
Authority SD13/0tay 5 Flow Control Facility, 205 project.
the $1.2 million Poinsettia Sewage Lift Station
and the $1.5 million City of Coronado As an experienced Project Manager on D/B
Southwest Quadrant Storm Drain & Pump projects, John understands the value of
Station project. teamwork from the design notice to proceed
through construction and the team synergy
Safety Officer that develops by integrating construction
methods and techniques in the design process.
Mr. James P. Jonas has over 20 years in the Mr. Harris' experience includes 25 years with
Safety Management field. He has worked with Hirsch & Company and completion of more
the City of San Diego, San Diego County than 500 projects with public agencies; the
Water Authority and other Cities throughout rruÿority of which have involved planning,
San Diego County. He has extensive design and construction support of
knowledge and expenence m safety infrastructure improvement projects.
administration, practices, instruction,
inspection, and accident investigation and Leading the design team will be Mr. Cecil
prevention. James is OSHA certified as a Rehr, PE. Cecil has over 31 years of civil
competent person for confmed space and engineering experience in the design of sewer
ì currently teaches 4O-hour HAZWOPER systems. Mr. Rehr is currently providing
training courses. He is a dedicated, efficient design services to the City of San Diego
and dependable team player committed to Metropolitan Wastewater Department for
quality, safety and results. Canyon Trunk Sewer Replacement Projects.
He was the designer-of-record for the County
Per SB 198 requirements James has developed, of San Diego Spring Valley Trunk Sewer
implemented and administered fujury and Project and the City of Chula Vista Salt Creek
illness Prevention Programs for TC futerceptor Phase IT Project.
Construction Co., Inc, He has successfully Tunnel Design Team
reduced accident rates, reduced OSHA
citations and penalties, decreased insurance Haley & Aldrich (HA) will serve as our team's
claims, increased workers safety, and tunnel design and geotechnical engineer. HA is
improved public relations and currently worked with Hirsch on the SMVTS
communications. project and is very knowledgeable about
Design Team current tunneling techniques and risk
prevention given unknown and variable soil
Hirsch has assigned Mr. John Harris, PE to conditions beneath Caltrans freeways,
serve in the role of design manager for this Lead Tunnel Engineer
project. John is active in similar roles on other
design build projects for the Navy and the City Mr. Steve Fitzwilliams has worked on all
, of San Diego Water Department. He is phases of pipeline design and construction.
currently the Project Manager for the South Experience includes design and construction
Mission Valley Trunk Sewer (SMVTS) management of conventional open trench
project for the City of San Diego, which has
~ TC Construction Company, Inc. S-2ò HIRSCH & COMPANY
- 16-
·~'-'r·', .-
~--------------
~"f? City of Chula Vista Proposal for Design Build Services
~t~ General Services Department Poggi Canyon Trunk Sewer
,
pipelines, trenchless tunnel installation design
and construction management. His California TC Construction shall obtain City approval
projects include Alvarado Water Treatment prior to staff substitution of other key members
Plant tunnel, South Mission Valley Trunk of the Design/Build team.
Sewer tunnel design, and the Inland Feeder
Pipeline for the Eastside Reservoir project. He Team Organization Chart
was responsible for evaluation of design using Please refer to the next page for the complete
laboratory test results, soil parameters and first
hand experience with pressuremeter testing organization chart for TC's team.
and analyses
Resident Engineer
Wayne Papac, Senior Construction Manager
for Hirsch & Company, has over 38 years of
tunnels and pipelines experience, both as a
contractor and as a construction manager. Mr.
Papac served as Construction Manager on the
City of San Diego Metropolitan Wastewater
I Department South Metro futerceptor 84"
Tunnel Project, the San Diego County Water
Authority Pipeline 3 Relocation tunnel project,
and the San Diego Metropolitan Wastewater
Department Penasquitos Pump Station and
Force Main, along with numerous other
pipelines and tunnels for the City of San Diego
Clean Water Program.
Resumes for our Project Team members are
included in Appendix D.
Commitment
As Vice President of TC Construction, Wes
Wise can attest that he will remain as the
Project Manager and Derek Franken will
remain as the Construction Manager.
As President of Hirsch & Company, John
Harris, PE can attest that he will remain as the
, Design Manager for the duration of the project.
His 25-year association with Hirsch supports
this statement of commitment.
~ TC Construction Company, Inc. 5-2/ HIRSCH & COMPANY
- 17-
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..~w?- city of Chula Vista Proposal for Design Build Services
::-,_-:: General Services Department Poggi Canyon Trunk Sewer
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,
Section 7 ) Identify critical tasks and events and
Quality and Schedule Control assign specific responsibilities to
members of the Design/Build Team for
Quality Control actively ensuring and monitoring
compliance at every step, from the
The TC team recognizes that while quality is design development, through
an expectation on every City of Chula Vista construction documents, to
project, it is particularly important on this manufacturing through delivery to the
major design/build project. Since it is the fIrst site and incorporation into the work.
sewer design/build project undertaken by the ) Provide the Project Manager and the
City, it is important that this project provide the Construction Manager with timely
highest level of quality at the best value. The information and advice on methods and
TC team is committed to assisting the City, procedures to achieve full compliance
through demonstrated success on this project, with the contract specifications. In
ill building the foundation for efficient those instances where work or
implementation of the designlbuild delivery performance is substandard, give
system for future projects. solutions for correcting the work with
TC will institute a Quality Assurance/Quality minimum impact to the job schedule.
Control Plan to ensure a quality project both in ) Ensure project closeout is complete
i design and construction. through coordination of all inspections,
corrections of deficiencies, punch list
The TC Quality Assurance/Quality Control items, and verification of as-built
, Plan and organizational structure are designed drawings and submittal logs.
to accomplish fIve critical functions:
~. Senior Management Involvement
f ) Establish an independent single point
of responsibility for assuring, TC has a strong tradition of quality design,
controlling, and monitoring compliance construction and owner satisfaction. We
with contract specifications. While the recognize that defining success for all parties
Construction Manager remains the involved in a project requires a strong
1 individual responsible for building this commitment to quality, cost and schedule
, project, the QNQ(: Officer is the control, open communications, and trust.
contact point for all matters pertaining Quality assurance and quality control is an
to the QNQ(: Plan and for integral part of this approach. The QNQC
coordination of inspection activities. Officer occupies a position of equal stature to
) Analyze key quality control issues to the Construction Manager; both reporting
ensure design development, building directly to the Project Manager. This structure
systems, material decisions, and makes available the most experienced
, construction methods all evolve to professionals in our organization collectively
meet the intent of the City of Chula lending their expertise ill aggressively
Vista's requirement. managing all elements of the project.
tÈ TC Construction Company, Inc. 5-'63 HIRSCH & COMPANY
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~Wt- Cityof ChulaVista Proposal for Design Build Services
::-.JI_-:: General Services Department Poggi Canyon Trunk Sewer
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,
Our senior management view quality control company owner and construction manager.
as the responsibility of every individual Wayne's recent construction management
involved with a project. We seriously devote experience includes pipeline projects crossing
considerable resources to train and develop our Highway 94 for the San Diego County Water
design and construction personnel. We work Authority and Interstate 805 for the City of San
with our suppliers, manufacturers, Diego.
subcontractors and craftsmen to keep their
skills honed to current criteria, techniques and Design Review Process
materials. Nonetheless, for this project to
achieve the highest The design review process implemented for
level of success, we TCs QA/QC this project will incorporate an intensive in-
fmnIy believe that Officer. Steve house review, constructability review and
the experience of a subconsultant peer review, in addition to the
seasoned manager Coker has more milestone submittal reviews performed by the
in actively pursuing than 10 years of City. The in-house review will include an
quality throughout similar project ongoing "over the shoulder" involvement of the
the entire length of experience Design ManagerlProject Engineer and the
the project is an Project Manager. The Construction Manager
essential element. and his staff will provide constructability input.
. Therefore, Steve Coker will be designated as Community and environmental impact issues
the QA/QC Officer. He has been a QA/QC will also be identified early to assure that those
Officer on similar projects for 10 years and has impacts are minimized and communicated
obtained a Master Certificate in Concrete early through community outreach efforts and
Construction Management and completed comply with environmental clearance
seven AGe courses on Management and documents.
Quality Control Classes. Prior to each design milestone submittal, Mr.
Steve will report directly to the Project Mike Slawson, will perform a QC review of
Manager and his sole responsibility to the the documents consistent with the submittal
project will be to develop and implement a level. The review will focus on the submittals
project specific QA/QC Plan, While every compliance with City design standards, CAD
member of the TC team will be charged with a drafting standards and constructability. This
duty to adhere to the QA/QC Plan, Steve will step will also identify any issues, which may
rely on certain specific team members for require a City variance. Those issues will be
additional support. documented separately and specifically brought
to the City's attention. This is a critical step in
Hirsch & Company will also corrunit their allowing the City review process to be efficient
Senior Construction Manager, Mr, Wayne and expeditious.
Papac to provide construction/design team Upon receipt of the City's milestone submittal
coordination as serve as the project's Resident comments, appropriate revisions will be
' Engineer. Wayne has 38 years of large incorporated into the construction documents.
diameter sewer pipeline experience as In addition, a log of comments will be created
equipment operator, project superintendent and a report prepared indicating the disposition
~ TC Construction Company, Inc. C:;r¿L{ HIRSCH & COMPANY
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~ I ft-- city of Chula Vista Proposal for Design Build Services
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of the comment. The report will be delivered First, Preparatory Inspection performed prior to
along with the next milestone submittal. the beginning of each defmable feature of
work. TIIis Preparatory Inspection will include
The typical City milestone submittal schedule (a) a review of contract requirements, (b) a
will be followed during this project. However, check to ensure that all materials and/or
it is hoped that sufficient pipeline design and equipment are on hand and have been tested,
detail will be complete at the first milestone to submitted, and approved as required, (c) a
justify the City issuing a "Notice to Proceed", check to assure that provisions have been made
allowing pipe procurement to commence. If to provide required control testing and (d)
this can be accomplished, a significant saving eXaDÚne work area to assure that all
in project time may be experienced. preliminary work has been accomplished.
Field Inspection Process Second, Initial Inspection will be performed as
soon as a representative portion of the
The QA/QC Officer reports to and receives his particular feature of work has been
authority directly from the Project Manager. accomplished. TIIis Initial Inspection will
The QA/QC Officer will formulate and include (a) check for compliance with contract
implement the written procedures and documents, (b) review of control testing, (c)
instructions contained in the QA/QC Plan. check for use of defective or damaged
Actual practices are not limited to this Plan and materials, (d) check for omissions and (e)
.~ where a discrepancy exists between this Plan general check of dimensional requirements,
and the Contracting Requirements, the Contract
Requirements shall prevail. The QA/QC Third, Follow-up Inspections will be performed
Officer will work daily with the QA/QC and as the work progresses. Follow-up inspections
project supervisory personnel to assure will provide (a) assuring continuous
compliance with the requirements of the compliance with contract drawings and
QA/QC Plan. The QA/QC Officer will specifications and (b) daily control testing.
coordinate the QA/QC efforts of subcontractors
and suppliers to correspond with the overall As materials are incorporated into this project,
QA/QC Plan. The QA/QC Officer will have quality confirmation testing will be performed
direct report staff on site sufficient to undertake on all appropriate activities at the specified
all inspections and to manage record keeping, intervals. Either City staff or independent third
-1 party subconsultants will perform such tests
} The quality of all on site construction will be and provide documentation, such as backfill
~~
handled by the Project's Field Supervisors who density and weld testing. TC's staff will
will perform sufficient inspection of all items perform other testing activities, such as
of work, to insure conformance to applicable pressure testing and pipe segment hydrostatic
specifications and drawings. Our field testing. All test reports will include the type of
supervisors all have more than 15 years of testing, location, date, time, tester ill, witness
experience in the construction industry. ill (if necessary), measurements recorded, and
results assessment. All test records will be
, The QA/QC Officer will perform at least three submitted to the QC/QA Officer for review and
phases of inspection for all definable features logging. Test records will be maintained in an
of work. orderly fashion and available for City review at
~ TC Construction Company, Inc. 5-25 HIRSCH & COMPANY
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any reasonable time. The City will also be consistent tracking of the material submittals ,
encouraged to witness any and all testing. and their status.
Our Q(:.IQA Officer and field supervisors will Any material submittals which do not comply
work together to continuously update the as- with the project specifications will be rejected,
built drawings. During construction, we will with explanation of the deficiency, and the
maintain continuous communication among materials will not be accepted on the project
designers and builders to assure the proper site.
blending of intent and execution; we will also
work with City staff to maintain good, healthy Upon arrival on the site, each pipe segment will
communication with the local residents. We be inspected to confirm acceptable condition
will update the CPM Schedule on a monthly and consistency with the submittal records. All
basis and we will share those updates with the the submittal records will be logged and
City Project Manager. tracked as described above.
Upon completion of construction we will video Once approved for use in the project, the
.!< tape the finished project, submit completed as- materials will be delivered either directly to the
.¡;' builts within 30 days and work with the City site or to the contractor staging area and their
r
, Project Manager to wrap up all the loose ends delivery will be documented. Stockpiled
in 3040 days to pennit closeout quickly and material will be stored in a manner to maintain
efficiently. its integrity and quality. Stockpiled material
Submittal Review Process quantities will be tracked accurately so that
monthly pay estimates accurately account for
their value.
The vendor for each material installed in the
project will be required to submit certification Deficiency Identification, Correction and
that they have experience and are capable of Tracking Process
delivering materials that meet the
specifications. Prior to delivery of materials, The QNQC Officer will set up an inspection
samples of the proposed materials will be discrepancy procedure which is intended as an
submitted for confirmation testing and copies inspection system whereby all discrepancies in
of the successful test reports submitted to the quality, workmanship, materials, equipment,
Construction Manager. The Construction supplies, and/or unauthorized deviations from
Manager will maintain a log of submittals and engineering requirements or specifications can
evaluate the data reflected in the test reports to be called to the attention of responsible
confmn compliance with the specifications. If supervision and engineering personnel.
approved, the Contraction Manager will submit Procedures for receiving and warehousing will
the data to Design Engineer for final include inspection of all pennanent materials
confinnation. Final documentation of by the quality control staff. A visual inspection
approved materials will be submitted to the will include identification, damage,
è QNQC Officer for approval logging. Monthly completeness, evidence of prior acceptance and
¡ , comparison of the Construction Manager's log proper documentation. Results of receiving
and the QNQC Officer's log will assure inspection will be recorded on appropriate
forms and will be made available to the City of
~ TC Construction Company, Inc. 5-80 HIRSCH & COMPANY
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~If?- City of ChulaVista Proposal for Design Build Services
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San Diego. The QA/QC Officer will inspect implementation of the change. The change will '
all items of work. be documented in the record.
The QA/QC Officer shall verify by signature If it is deternùned that the desired results
that all items are installed in accordance with cannot be obtained with materials specified for
the contract drawings and specifications prior use, the Design Engineer will make
to proceeding with concurrent work. Any recommendations for acceptable alternate
corrective action required will be recorded. materials. Any change in materials will be
One of the many reports used to report formally submitted for City review and
discrepancies, both in materials and approval prior to incorporation of those
workmanship, noting deficiency and corrective materials into the project.
action taken. Each discrepancy will be
assigned a number by the recording QA/QC Non-Confonnance Process
Officer. As with any construction project, even with
TC's team has the
Any deficient QAlQC systems in effective confirmation processes in place, it is
test shall be place through all possible that come nonconfornùng material or
reported to the construction method may get incorporated into
Construction phases of the design the project and not discovered until a time
Manager and & build process to when replacement or re-working is not
~ the QA/QC ensure success. convenient, or may require activities that are
~.
Officer, and a deemed unjustified. Should this condition
plan for addressing the deficiency shall be arise, a concise report will be presented to the
developed. Upon completion of the rework, City documenting the issue, the cause of the
the material shall be retested. This process will issue, impact of the issue, available remediation
be continued until satisfactory results are options and a recommendation. The report
obtained. Each retest shall be documented and shall bear the seal and signature of the Design
related to previous tests so that review of the Engineer of record. The recommended option
record will immediately reveal the efforts must result in a quality level acceptable to the
required and the ultimate success. City and may include monetary compensation
to the City. The final recommendation requires
It is important to note that the intent of the approval by the City before being
confnmation testing is to demonstrate that the implemented.
construction method routinely satisfies the
specifications, It is not intended to provide QAlQC Plan Outline
proof that when tested, the test site barely The project specific QA/QC Plan will adhere to
achieves the acceptable threshold. Therefore,
repetitive failures will be interpreted as the following outline:
justification for significant alteration of the Section 1. Identify Personnel and Provide
construction method to assure successful test Organizational Chart
results. QA/QC Officer will identify the need
,
for changes in the construction method and Section 2. Design Review
approve the proposed change pnor to
iÈ TC Construction Company, Inc. 5-'67 HIRSCH & COMPANY
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Section 3. Procedures to Assure Procurement by a certified Primavera instructor. In addition
of Materials Conforming to to this course, our project managers are
Contract Docurnents emolled III one- and two-day courses
sponsored by Primavera and relating to cost
Section 4. Document Controls loaded scheduling.
Section 5. Inspection Status and Control As the Scheduler for this project, Alex
Documentation McClymont has a Bachelor of Science in
Section 6. Materials, Equipment, Facilities Mechanical Engineering, and his work history
and Workmanship Control of experience includes work with Pump
Documentation Station, Trunk Sewer and Force Mains. He has
worked with City of San Diego, Leucadia
Section 7. Non-Conformance Controls Wastewater District, San Diego County Water
Authority and City of Encinitas. He is skilled
Section 8. Test Equipment Calibration in managing mechanical engineering services
Procedures for large, multi-trade complex projects, and is
a skilled communicator, able to coordinate
Section 9. Supervisors Inspection many disciplines. As Schedule Control, he will
Documentation ensure that schedule and project goals are met.
i Section 10. Corrective Action Procedures Two of Alex's large scheduling projects
include:
Section 11. Testing Controls Project Name: Pump Station JOA
Section 12. Testing Program Owner: City of San Diego
Contract Amount: $5,900,000.00
Section 13. Quality Control Indoctrination of Project Type: Gravity Sewer
Employees Scheduling Software: Primavera Version 3.1 (P3)
Section 14. Sub-Contractor Controls Project Scheduler: Alex McClymont
Section 15. Inspection Procedures Project Name: Helix 6, 7, & 8 Flow Control
Facility
Schedule Control Owner: San Diego County Water Authority
Contract Amount: $2,500,000.00
TC Construction currently uses the most Project Type: Flow Control Facility
current edition of Primavera P-3 scheduling Scheduling Software: Primavera Version 3.1 (P3)
software. Our TC Construction's Project Scheduler: Alex McClymont
staff participates
annually in a 3- standard scheduling
day customized software is Primavera
on-site training P3 and provides
, program in the
continuous staff
use of the P-3 training
program, taught
~ TC Construction Company, Inc. S-28' HIRSCH & COMPANY
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~!/t.- city of Chula Vista Proposal for Design Build Services
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Section 8 Clem Wassenberg (619) 533-5154
Financial Amlngements Project: Chelsea Street Relocation
This is not a joint venture project. TC
Construction will serve as the Prime Design 5,000 If of 24" trunk sewer and re-plumbing
Builder Team member and be responsible for of lateral connections
meeting all contract obligations with the City Contract Value: $6,910,866
of Chula Vista. Completed: 2003
Section 9 City of Chula Vista
Exceptions to the RFP Kirk Ammerman (619) 397-6121
TC Construction takes no exception to the Project: Salt Creek Gravity Sewer
proposed scope of services and standard design
build contract. 42" PVC trunk sewer
Contract Value: $5,439,601
TC Construction requests a conditional Completed: 2003
acceptance of the project schedule as being
dependent on an 8-week turn-around for the City of San Diego Water Department
encroachment pennit by Caltrans District II
i (San Diego) office. 600 "B" Street, Suite 700
San Diego, CA 92101
Secäon 10 Michael Marks (619) 533-4271
Addenda to the RFP Project: Waring Road Water Pump Plant
TC Construction confirms it has received Contract Value: $3,175,147
Addendum #1 for this RFP. See Appendix L Completed: 2003
Secäon 11
Minimum Qualifications Otay Water District
2254 Sweetwater Springs Blvd.
TC Construction certifies that it holds a valid Spring Valley, CA 91978
Califomia Class A & C-21 Contractor's Ron Ripperger (619) 670-2222
License (No. 402459) and has a bonding Project: 711-3 Reservoir
capacity of over $40 million. (See Appendix
B). 16 million gallon reservoir and associated
piping, buildings and miscellaneous
The following references can be used to verify Contract Value: $4,584,729
TC Construction's qualifications for this Completed: 2002
project.
¥ , City of San Diego W ater/W astewater City of San Diego
~ 600 "B" Street, Suite 800 600 "B" Street
San Diego, CA 92101 San Diego, CA 92101
~ TC Consbuction Company, Inc. 5-~ HIRSCH & COMPANY
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~If?- City of Chula Vista Proposal for Design Build Services
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Dave Zoumoras (619) 627-3202 12.4 Preliminary Cost Estimate
Project: Miramar Pipeline A preliminary project cost estimate has been
Installation of 4,000 If of 54" steel pipeline developed based on the conceptual alignment
through the Mira Mesa area. included in the RFP and standard construction
Contract Value: $2,483,526 assumptions. Our estimate including design, pre-
Completed: 2000 construction services, resident engineering and
tunnel inspection services and land surveying
Please refer to Appendix J for Letters of services is $965,875. See Appendix D.
Recommendations received by TC
Construction for outstanding performance on 12.5 Change Orders
recent projects.
Section 12 TC Construction proposes to use the following
change order rates for additive & deductive
Schedule of Rates and Fees change orders:
12.1 Pre-Construction · 5% for Materials
· 8% for Subcontractors
Design Fees · 20% for Labor & Equipment
~ Land Surveying $10,500 12.6 Payment and Perfonnance
, Civil Design $36,750 Bond Rates
~ Geotechnical $26,250 TC Construction proposes to use a Payment and
.,. Tunnel Design $15,750 Perfonnance Bond rates of 2%.
, Agency Coordination $5,250 12.7 Design and Construction
¡. Construction Support $8,400 Schedule
Pre-Construction Services $35,000 We have developed a preliminary project
schedule showing substantial completion at
12.2 Project General Conditions March 31, 2005 as requested by the RFP.
Adherence to this schedule is based on an 8-week
See Appendix C approval review period by Caltrans. We have also
based the construction activities to be sequential
12.3 Cost of Work Multipliers as opposed to simultaneous tunneling and open-
trench activities. Due to the flat sewer grade and
TC Construction proposes a Fee multiplier of potential grade changes during tunneling, it is
recommended to postpone the open trench work
' 15% to cover all overhead and profit expenses for until the end points of the tunnel are fixed.
the project.
~ TC Construction Company, Ine. 5-<]0 HIRSCH & COMPANY
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~If&- City of Chura Vista Proposal for Design Build Services
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An option that we will pursue to accelerate the Bids from various subcontractors will be obtained
project is to install a larger diameter casing. This for these trades at the 90% design completion
will provide some latitude at the tunnel level.
connection to the open-trench portion of the
project. See Appendix E 13.4 Financial Statements
Section 13 See Appendix G for statements as requested by
Additional Infonnation the RFP.
13.1 Insurance Coverage
Insurance coverage for TC Construction and
Hirsch & Company are included in Appendix F.
13.2 In-house Resources
TC Construction, Hirsch & Company and all
other team members have fully compatibility
I computer resources, e-mail systems and
programs. Standard office software packages used
by our team will be Microsoft Word, Excel, and
PowerPoint. Our design team has the capability to
use either AutoCAD or Microstation CAD
software. TC uses Expedition for project tracking
software and P-3, Timberline, and HCSS for
project development software.
13.3 Self-Performance
TC Construction proposes to self perform the
open trench portions of the work, excavation for
the tunnel drilling and receiving pits, installation
of manholes, installation of the sewer carrier
pipeline within the casing pipe and connections to
the existing sewer system.
Major subcontractor trades considered for this
project will include:
, Thnnel Construction
, Poured-In-Place Manholes
,
~ TC Construction Company, Ine. 5-9/ HIRSCH & COMPANY
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~If? City of Chula Vista Proposal for Design Build Services
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APPENDIX A
Key Personnel Resumes
~ TC Construction Company, Inc. 6-CjZ
HIRSCH & COMPANY
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O:f:l.l}'J"':';o, Wes Wise
Project Manager
EDUCATION:
,
Bachelor of Science in Business Administration (Management), San Diego State UniveTsity, San Diego,
California, 1999.
PROFESSIONAL SOCIETIES:
American General Contractors (AGC)
Engineering American Contractors Association (EGCA)
Building Industry Association (BIA)
Certified Competent Person CAL-OSHA
OSHA 10 Hour Certified Construction Safety and Health
Certified Confined Space Awareness with CAL-OSHA Title 8 and Federal Standard 1910.146
Certificate of Training in Managing Delays, Acceleration, & Inefficiency
Certificate of Completion for AGC Construction Supervisor
Certificate of Completion for Primavera Planning and Scheduling 3.0
EXPERTISE: or PROJECT ROLE:
Wes' history of experience includes work with above and below ground pump stations, flow control
l facilities, trunk sewers, concrete and structural demolition, steel water mains, PVC water mains, and large
J diameter storm drain facilities. He has worked with City of San Diego, City of Carls bad, City ofEl Cajon,
City of National City, City of Chula Vista, City of San Marcos, United States Federal Government, Otay
Water District, Olivenhain Water District, Rancho Santa Fe Community Sewer District, Leucadia
Wastewater District, Vallecitios Water District, San Diego County Water Authority and other San Diego
County agencies. He is skilled in job cost estimating and construction management oflarge, complex
projects. He has proven his ability to manage and coordinate numerous vendors, subcontractors, and in
house construction activities. As the project manager, he will coordinate all construction activities and
ensure that all project milestones are met.
REPRESENTATIVE EXPERIENCE:
Naval Training Center Demolition: Job Value $1.1 Million
Demolition of large concrete buildings and site work
Salt Creek Trunk Sewer: Job Value $ 5.5 Million
Installation of a sewer trunk main and related work along Main Street and Otay Valley Road for the City of
Chula Vista. The project consisted of installing approximately 15,000 feet of 42" PVC C905 trunk sewer
and over 50 pre-cast 6 and 8-foot diameter manholes. All manholes were "T-Locked" and Zebron coated.
, Most of the work was located in heavy traffic within Main Street. Along with the new sewer mains,
various storm drains systems were installed along the course of construction. One of the project highlights
was the bore and jack of a 60" steel casing for a 42" PVC carrier pipe underneath the MTDB trolley
tracks.
c:: - ¿7:.7
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La Orilla Pump Station: Job Value $ 812,000
Excavate, dewater, and shore a 35 foot deep pit in the San Elijo Lagoon to install emergency storage tanks
. I
wet wells, and an underground pump statlon.
Chelsea Street-La Jolla PB Trunk Sewer: Job Value $ 6.9 Million
Project consisted of construction of 2,200 lineal feet of21-inch open cut sewer line, 1,100 lineal feet ofa
72" rib-and-lag tunnel, a over 5,000 feet of eight-inch sewer line and 61 house replumbs. The 61 sewers
replumbs required entering the homeowners backyard, remove the existing four inch sewer lateral and move
it to thei'ront of the property to be connected to the new service line. Work also included site
improvements, paving work, extensive landscaping and more than a mile and a half of traffic control on La
Jolla Boulevard. One ofthe projects many highlights consisted of the 20-foot wide x 40-foot long by 36-
foot deep steel beam-and-plate pit on La Jolla Boulevard. This provided access for the I, 100 lineal feet of
2 I-inch tunneled sewer line. The open cut portion went to a depth of 25 feet and the tunnel portion was
over 40 feet deep.
Pump Station 21: Job Value $ 1.4 Million
Complete rehabilitation of an existing pump station on Wind n Sea Beach requiring extensive planning,
corrununity outreach to minimize neighborhood inconvenience, structural demolition, 4,000 feet of new
force main piping, new pumps, control panels, switchgear, MCC gear, vaults, hatches, hand-railing, FRP
grates, and generator placement.
Gafner Treatment Plant Demolition: Job Value $ 240,000
Demolition of Leucadia Wastewater District's sewage treatment plant including laTge diameter concrete
digester tanks, storage tanks, buried piping, grading, and paving upgrades.
Reconfiguration of La Jolla Shores, Torrey Pines, and Ardath Road: Job Value $ 5.9 Million
The project consisted of the complete demolition and reconfiguration of San Diego's busiest intersection
located in the heart of La Jolla, The installation of sewer, water, and storm drain utilities were performed
at night, which required extensive modifications to the construction equipment to meet the noise abatement
specifications. The paving, landscaping, retaining walls, curb, gutter, and sidewalk were performed during
, the day with extensive traffic control.
!
Design Build for the U.S. Government of a 30" and 24" Steel Water Main: Job Value $3.9 Million
"
~~ Working with Hirsch & Company, we were able to design and install over 15,000 feet of steel water main
:-1
that included extensive utility crossings, safety requirements, and traffic control.
"G" Street Trunk Sewer: Job Value $700,000
, , Installation of sewer piping and related work along "G" Street, approximately between Broadway and west
~ of Bay Boulevard, in the City of Chula Vista, California. The project consisted of installing over 2000 feet
of27" PVC SDR 35, over 100 feet of21" and 18" PVC SDR 35 and a small amount of8" PVC SDR 35
for side street connections. Due tothe close proximity of the existing 15" Clay sewer main the job required
sewer bypassing. After the new sewer utilities were installed, paving, striping, and traffic loops
complemented the project with a clean professional look.
5A'N We measure success by your satisfaction.SM
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;( ~,¡'2TWJ''::-;¡!)t:
(,'(fMW'<~';", .James P. .Jonas
Safety Director
EDUCATION:
,
Bachelor of Science in Education, Training and Development, Southern Illinois University, Illinois
Bachelor of Science in Aviation Management, Southern Illinois University, Illinois
CERTIFICATION:
CAL/OSHA 10 hour Construction Certification
Competent Person Training
PROFESSIONAL SOCIETIES:
Associated General Contractors (AGC)
EXPERTISE:
James has over 20 years in the Safety Management field. He has worked with City of San Diego, San
Diego County Water Authority and other Cities Agencies throughout the San Diego County. He has
extensive knowledge and experience in safety administration, practices, instruction, inspection, and accident
investigation and prevention. He is a dedicated, efficient and dependable team player committed to quality,
safety and results.
REPRESENTATIVE EXPERIENCE
TC Construction Co., Inc
(June 2002 - Present)
Safety Director and Trainer
~l Waring Road Pump Station
1~ Otay 14 Flow Control Facility
;H Helix 6,7, and 8 Flow Control Facility
Per SB 198 requirements James has developed, implemented and administered Injury and Illness Prevention
Programs for TC Construction Co., Inc. He has successfully reduced accident rates, reduced OSHA
citations and penalties, decreased insurance claims, increased workers safety, and improved public relations
and communications.
Heart Start
(Aug 0 I - June 02)
Director of Safety & Training
Organized and developed training procedure manuals and guides. Scheduled classes based on availability of
training room, equipment and instructors. Conferred with managers, instructOTs, or employees to detennine
training needs of the organization.
,
Bendix Contracting Corporation
(July 99 - Aug 01)
u Tenant Operations & Fire Station Marine Corp Station Miramar
0 Electrical Installation California Forestry Firefighter Station
c: /' r-
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James Jonas
Page 2
Network and provide resources to Sites throughout the Company. Reviewed and updated safety policies,
procedures and training. Created positive and productive working relationships with operations managers
while maintaining independent safety function. Effectively communicated and collaborated with
Operational and Corporate Consultants.
,
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(;1,:i:<..W-":>;" Steve Coker
Quality Control Manager
EDUCATION:
.
CQA Management Training
US Anny Corps of Engineering Construction Quality Management for Contractors
Master Certificate in Concrete Construction Management
PROFESSIONAL SOCIETIES:
American General Contractors (AGC)
Engineering American Contractors Association (EGCA)
Certified Competent Person CAL-OSHA
OSHA 10 Hour Certified Construction Safety and Health
Certified Confined Space Awareness with CAL-OSHA Title 8 and Federal Standard 1910.146
Certificate of Training in Managing Delays, Acceleration, & Inefficiency
Certificate of Completion for AGC Construction Supervisor
Certificate of Completion for Primavera Planning and Scheduling 3.0
EXPERTISE: or PROJECT ROLE:
~.I Steve's' history of experience includes work with above and below ground pump stations, flow control
facilities, trunk sewers, concrete and steel water mains, PVC water mains, and.large diameter stonn drain
facilities. He has worked \\ith City of San Diego, City of Chula Vista, San Diego County Water Authority
and other Cities throughout San Diego County. He is skilled in the areas of quality control and making
sure that all work is in compliance with the project specifications and standards.
REPRESENTATIVE EXPERIENCE:
Waring Road Pump Station Rehabilitation: Job Value $ 3.0 Million
Construction of Adobe Falls Water Pump Plant consists of the construction of a new fifteen thousand
(15,000) gallon per minute potable wateT pump plant. This includes demolition work, site grading, asphalt
concrete, site piping and valves, sanitary sewer and drainage modifications, landscaping, site fencing
ì concrete, construction of a new pump building, installation of five (5) vertical turbine pumps and
associated valves and piping, electrical and instrumentation, cathodic protection and all other work
Helix 6,7, and 8 Flow Control Facility: Job Value $ 2.4 Million
Construction of FCF facility as well as construction of approximately 41 O-feet of 36-inch and 60-inch
diameter buried welded steel pipe, cement mortaT lines, tape coated and cement mortar over-coated;
pipeline specials, valves and valves operators, meteTs, vacuum and air release valves. Also included
cathodic protection, instrumentation, electrical work and fiber optic cables, mechanical works and
, ventilation, building masonry walls, reinforcement steel and concrete works, architectural work and
finished; doors, roofing system and access hatches, metal railing, graded and improved access road asphalt
pa vemen!.
5~q7
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Deerfield Pump Station: Job Value $ 5.5 Million
Construction of Deerfield Water Pump Plant and Transmission Pipelines consists of demolishing an
existing pump station at the HiIlsdale Site, after constructing a new pump station including two (2)
transmission pipeline segments at Deerfield site
S.W. Quadrant Storm Drain: Job Value 5.3 Million
Project consists of the installation of two (2) miles of 42" to 54" force mains and construction of (2) two
pump stations. Project required extensive shoring and dewatering.
I
,
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(;·O':<·n~,.,:>.:·' Derek Franken
Construction Manager
EDUCATION:
Certified Competent Person CAL-OSHA
OSHA 10 Hour Certified Construction Safety and Health
Certified Confined Space Awareness with CAL-OSHA Title 8 and Federal Standard 1910.146
Certificate of Training in Managing Delays, Acceleration, & Inefficiency
Certificate of Completion for AGC Construction Supervisor
PROFESSIONAL SOCIETIES:
American General Contractors (AGC)
Engineering American Contractors Association (EGCA)
EXPERTISE: or PROJECT ROLE:
Derek's history of experience includes work with above and below ground pump stations, concrete and
steel water mains, PVC water mains, and large diameter stonn drain facilities. He has worked with City of
San Diego, City ofChula Vista, other Agencies throughout San Diego County, McMillin Company, Pulte
Homes, and other private developers. He is skilled in construction management oflarge, complex projects.
He has proven his ability to manage and coordinate crews, subcontractors, and in house construction
activities. As the construction manager, he will coordinate all construction activities and ensure that all
project milestones are met.
REPRESENTATIVE EXPERIENCE:
Santa Luz: Job Value $ 19.4 Million
Installation of over 45 miles of 8-inch to 86-inch sewer, water and stonn drain infrastructure. During the
three yearlong project he supervised of over 140 employees, 45 pieces of heavy equipment, various
subcontractors, and vendors.
Sunbow: Job Value $ 18.5 Million
This project involved the turnkey construction of a master planned community including grading, sewer,
stonn drain, water" curb & gutteTs, landscaping, streetlights, signalization, and underground telephone &
electric conduits.
Deerfield Pump Station: Job Value $ 5.5 Million
Construction of Deerfield Water Pump Plant and Transmission Pipelines consists of demolishing an
existing pump station at the Hillsdale Site, after constructing a new pump station including two (2)
, transmission pipeline segments at Deerfield site
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('ú':l.n·~:;:·;·: Jeff Shaw
Onsite Superintendent
EDUCATION:
Certified Competent Person CAL-OSHA
OSHA 10 Hour Certified Hazardous Waste/ Safety and Health
Certified Confined Space Awareness with CAL-OSHA Title 8 and Federal Standard 1910.146
Certificate of Training in Managing Delays, Acceleration, & Inefficiency
Certificate of Completion for AGC Construction Supervisor
Trenching and Excavating Safety Training for the "Competent Person"
Certificate of Hazwoper
PROFESSIONAL SOCIETIES:
American General Contractors (AGC)
Engineering American Contractors Association (EGCA)
EXPERTISE: or PROJECT ROLE:
Jeff's history of experience includes work with above and below ground pump stations, concrete and steel
water mains, PV C water mains, and large diameter stonn drain facilities. He has worked with City of San
Diego, City of Chula Vista, San Diego County Water Authority, Olivenhain Municipal Water District,
various City agencies throughout San Diego County, McMillin Company, Pulte Homes, and other private
developers. He is skilled in construction management oflarge, complex projects. He has proven his ability
to manage and coordinate crews, subcontractors, and in house construction activities. As the field
superintendent, he will coordinate all onsite construction activities, ensure that safety measures are in place
and help coordinate to ensure that all project milestones are met.
REPRESENTATIVE EXPERIENCE:
"G" Street Trunk Sewer: Job Value $700,000
Installation of sewer piping and related work along "G" Street, approximately between Broadway and west
of Bay Boulevard, in the City of Chula Vista, California. The project consisted of installing over 2000 feet
;~ of27" PVC SDR 35, over 100 feet of21" and 18" PVC SDR 35 and a small amount of8" PVC SDR 35
", for side street connections. Due to the close proximity of the existing 15" Clay sewer main the job required
sewer bypassing. After the new sewer utilities were installed, paving, striping, and traffic loops
complemented the project with a clean professional look.
Salt Creek Gravity Sewer: Job Value $ 5.5 Million
Installation of a sewer trunk main and related work along Main Street and Otay Valley Road for the City of
Chula Vista. The project consisted of installing approximately 15,000 feet of 42" PVC C905 trunk sewer
, and over 50 pre-cast 6 and 8-foot diameter manholes. All manholes were "T-Locked" and Zebron coated.
Most ofthe work was located in heavy traffic within Main Street. Along with the new sewer mains,
various stonn drains systems were installed along the course of construction. One of the project highlights
was the bore and jack of a 60" steel casing for a 42" PVC carrier pipe underneath the MTDB trolley
tracks.
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JOHN HARRIS, P.E.
PRINCIPAL-IN-CHARGE
EDUCATION: B.S., Civil Engineering - San Diego State University, 1981
MS., Civil Engineering - San Diego State University, 1988
PROFESSIONAL MEMBERSHIPS: American Society of Civil Engineers; American Public Works
Association; Society of American Military Engineers; Civil Engineers and Land Surveyors of California
(Past President, San Diego Section)
PROFESSIONAL REGISTRATION: California, 1984, #38217; Arizona, 1994, #27775
EXPERIENCE: Mr. Harris has served as Project Engineer/Project Manager at HCO for 25 years. As
project design director, he acts as the daily liaison between HCO and the client and directs the design
activities of the project team. His experience includes the preparation of plans and specs for water
supply/sanitary sewer systems, storm drainage lines, roads and parking areas, site development and
other civil engineering structures and public works facilities. He is responsible for the development of
conceptual designs including schematics, feasibility studies and cost estimates for construction,
alteration, repair and/or maintenance of civil engineering works and structures. His experience includes
! construction management, value engineering, economic analysis, environmental documentation and
1 permit preparation and processing.
~ Mr. Harris was responsible for planning, design and quality control for the $13 million North Mission
Valley Interceptor Sewer, Phase 1 for the City of San Diego Water Utilities Dept. His key
management duties beyond the design effort included planning coordination with contributing sanitation
:1 districts, future flow projections, permit acquisitions from CalTrans, Army Corps of Engineers,
California Fish & Game, U.S. Dept. of Fish & Wildlife, Regional Water Quality Control Board, and
easement acquisition liaison between the City and private property owners. Mr. Harris also served as
Project Manager for the award winning, $15.0 million, NMVIS Phase 2 project:
- 1997 ASCE Outstanding Civil Engineering Award in the Wastewater Category.
if - 1997 Trenchless Technology Project of the Year.
~r
- 1997 City of San Diego Earl Hayden Project of the Year.
,t Mr. Harris has served as Project Engineer/Project Manager on over 100 projects for the City of San Diego
g Water Department, including a number of multi-million dollar pipeline projects. This experience has
included:
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.~ · Caltrans Crossing on Highways 805, 163, 15, 78
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· Pipelines in environmentally sensitive areas (i.e., San Diego River)
· Pipelines through congested urban areas (i.e., Downtown San Diego for Center City Development
Corporation)
· Working with the community during design
.. , Coordination with City Departments: Traffic, Drainage, Environmental & Planning
~. ·
· Utility relocations, including water mains up to 36 inches
· Special pipeline construction techniques Gacking, micro-tunneling directional drilling)
· Pipelines through difficult soil conditions
HIRSCH & COMPANY
5-101 CONSULTING ENGINEERS
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John Harris, P.E. Page 2
. Working with regulatory agencies (RWQCB, Fish & Wildlife) for many of HCO's assignments with the
Water Utilities Department.
Mr. Harris served as Project Manager for the $3 million North Metro Interceptor Diversion Pipeline
completed for the City of San Diego, MWWD. Work for tills project included construction of
approximately 500 If of 66" PVC-lined reinforced concrete pipe, three junction structures and two
sluice gate structures.
Mr. Harris is currently serving as Project Manager for the $16 million South Mission Valley Trunk
Sewer replacement for the City of San Diego Water Department (31,068 feet of 30,27,2421 & 18-
inch pipeline)
Other project experience includes:
· Televising Sewer Mains - Phase 3 - City of San Diego MWWD (2002-2003).
· CCTV Sewer Televising - Sewer Groups 653, 675, & 700 - City of San Diego Water Department
(2003).
· As-Needed CCTV Sewer Inspection - City of San Diego MWWD (2001-2002).
I · As-Needed Clay Sewer CCTV Inspection - City of San Diego Water Department (1997-200 I).
· Repair Sewer Line at NMCRC, Phoenix, AZ - Navy, Southwest Division.
· Marina Redevelopment, Phase III (Downtown San Diego) - Sewer, Water & Drain Lines - Center
City Development Corporation, San Diego.
· Cabrillo Trunk Sewer Replacement - City of San Diego Water Utilities.
· Sorrento Valley Force Main Interceptor - City of San Diego Water Utilities.
· Mission Gorge Interceptor - City of San Diego Water Utilities Department.
· Repair Sewer Systems & Storm Drains at Grossmont College.
· Valhalla Sewer Study - Otay Water District.
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HIRSCH & COMPANY
CONSULTING ENGINEERS
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CECIL H. REHR, P.E., VICE PRESIDENT
PROJECT MANAGER
EDUCATION: Diploma Civil Engineering (1973, Cape Town, South Africa)
State (CA) Teaching Credential (1987, Engineering & Architecture)
PROFESSIONAL REGISTRATION: 2000lCivil Engineering (CA) #60899
PROFESSIONAL MEMBERSHIPS: American Society of Civil Engineers; Society of
Military Engineers; American Public Works Association.
EXPERIENCE:
Mr. Rehr has over 31 years of civil engineering experience in the design of sewer and water
systems, storm drainage, roads, sewage/water treatment plants, pump stations, chlorination,
water storage tanks, surveying, construction staking, construction management, retaining walls,
pavement overlay design, report writing, and preparation of detailed specifications and cost
estimates.
Mr. Rehr is currently providing design services to the City of San Diego MWWD for Canyon
Trunk Sewer Replacement projects. The Balboa Avenue Trunk Sewer project consists of
replacing 8", 12" & 15" diameter sewer with 18" & 24" trunk sewer. The Miramar Trunk
I Sewer project consists of replacing 4,000 feet of 15" diameter pipe with new 24" diameter
pipe. This project required special consideration for environmental issues and surrounding soil
conditions.
Other relevant project experience includes the following:
· Spring Valley Trunk Sewer - County of San Diego. 36" trunk sewer design, alternative
alignment evaluation, right-of-way, pipeline rehabilitation, and dewatering.
· Salt Creek Interceptor Phase I, City of Chula Vista, Approx. 4 miles of 42" diameter PVC
pipe. Because the project was located along Main Street, utility co-ordination and pipe
location was critical. Also included were short runs of micro-tunneling to install steel
casing pipe under storm drain facilities.
· Salt Creek Interceptor Phase II, City of Chula Vista. This project consisted of Approx.
J 1,600 If of 42" diameter micro-tunnel pipe within a 72" diameter steel casing. The pipeline
was located beneath the San Diego Trolley tracks, Main Street and Interstate 5. Because of
existing utilities, the jacking and receiving pits had to be carefully located. At some
'i locations, the existing utilities had to be re-Iocated to accommodate the pits.
:k Area 51/52/53 MCB, Camp Pendleton. Numerous pipeline replacement projects, pipeline
·
cleaning, pipe bursting and pipe liners (Insituform and HDPE liners) projects have been
completed for the Public Works Department.
· Woodman Street Sewer Access Road - City of San Diego. The project included erosion
, repairs to the existing canyon access road, additional access roads to manholes not
currently accessible, new stream crossings and erosion repairs to stream banks
· Various Projects, City of San Diego. Design of diversion structures associated with Metro
Sewage System, sewage force mains and gravity pipes (Pump Stations 27, 41 and 21).
?j-IC3 HIRSCH & COMPANY
CONSULTING ENGINEERS
JAIME A. TAYNOR, P.L.S.
VICE PRESIDENT/SURVEY MANAGER
PROFESSIONAL REGISTRATION: Professional Land Surveyor - CA Reg. #7130
AZ #29275
PROFESSIONAL MEMBERSHIPS: Consulting Engineers and Land Surveyors of California,
Society of American Military Engineers; California Land Surveyors Association
EXPERIENCE: Mr. Taynor has over 20 years surveying experience and serves as HCO's survey
supervisor. Project experience includes:
· Survey for South Mission Valley Trunk Sewer - City of San Diego Water Department.
· Survey for CCTV Sewer Inspection - City of San Diego, Metropolitan Wastewater Department.
· Construction Survey for La Costa Greens Trunk Sewer - Vadnais Construction.
· Survey for Rancho Bernardo Pipeline Design Build - Archer Western.
· Construction Survey for Waring Road Water Pump Plant - TC Construction.
· Offset Utility Crossing on Kirkham Wash - TC Construction.
· Survey for North Metro Interceptor Diversion 3A - City of San Diego.
· Survey for Ordnance Facility & Perimeter Road (Water Supply Pipeline Design; Septic Tank &
Leach Field Design) at Naval Air Facility, El Centro - Winzler & Kelly Consulting Engineers.
· Wastewater Pipeline Route Alignment Survey at MCLB, Barstow - Law Crandall Engineers.
· Topographic Survey for Mission Bay Sewage Interceptor - City of San Diego.
f · Construction Survey/Layout at Point Lorna Wastewater Treatment Plant, Sludge Pumping
Station - Nielsen Construction.
· Construction Surveying and Layout for Penasquitos Trunk Sewer Relief/Pump Station - Wylie
Construction.
· Utility Mapping & Surveying (water, sewer, storm drains and electrical utilities), Grossmont
College - Grossmont/Cuyamaca Community College District.
· North Mission Valley Interceptor Sewer (NMVIS), Phase 2 - City of San Diego Water Utilities _
Aerial Ground Control (GPS survey); H/V control on 21 photogrammetric control and 25
boundary and design control points (5 sq. mi.).
· Construction Surveying for Penasquitos Trunk Sewer Relief Pipeline - PCL.
, · Construction Staking for $13 million NMVIS, Phase 2 - City of San Diego.
· Utility Mapping - MCLB, Barstow - Horizontal/vertical control for water, sewer and industrial
waste sewer appurtenances; 1950 sites tied into the CA Coordinate System, 6,000 acres.
J · Survey for Alvarado Trunk Sewer Replacement - BRH-Garver.
· Construction Survey and Layout for South Bay Reclamation Sewer & Station, Package B _
Archer Western.
i · Surveying and Mapping for Emergency Holding Ponds/Sewer Pump Station 77 - City of San
'-'
; Diego Water Utilities Department.
· Construction Survey, Carmel Valley Trunk Sewer - PCL Civil Constructors.
'. Construction Survey/Layout for Miramar Subsystem & Miramar Road Subsystem Extension _
Vadnais Construction.
· Cabrillo Trunk Sewer - City of San Diego Water Utilities Department.
HIRSCH & COMPANY
G - / Of- CONSULTING ENGINEERS
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MICHAEL A. SLAWSON, P.R., VICE PRESIDENT
QUALITY CONTROL MANAGER
EDUCATION: B.S., Civil Engineering with Environmental Option - University of Arizona:
Tucson, 1989
PROFESSIONAL MEMBERSHIPS: American Society of Civil Engineers; Consulting
Engineers & Land Surveyors of CA
PROFESSIONAL REGISTRATION: CalifoI1Úa, 1996, #C56l27; Arizona, #31426
EXPERIENCE:
· 12 years of diversified experience as a civil/environmental professional, with 7 years of civil
design experience, including design and associated mapping, drainage, sewer and water
studies, storm water best management practices for industrial facilities, environmental
compliance for a large corporation, hazardous waste site assessment and mitigation for small
and mid-size consulting firms, independent consulting, Environmental Protection Agency
(EPA) and Department of the Navy project experience.
· 5 years of general civil design for pollution abatement projects. Project Engineer for
Department of the Navy, Naval Facilities Engineering Command, Southwest Division projects
J under Contract N687ll-93-D-1503 that comprised 20 Pollution Abatement Delivery Orders.
tI Projects included the removal of 67 underground storage tanks and the installation of 29
above ground storage tanks. Responsible for the preparation of plans, specifications, and cost
estimates, as well as engineering studies to evaluate alternative designs.
Specific project experience includes the following:
· South Mission Valley Trunk Sewer ($16 million, 3,068 feet) - City of San Diego Water
Department.
· Black Mountain Road Pipeline DesignlBuild - Two conveyance pipelines totaling
approximately 40,000 If of steel pipe.
· North Metro Interceptor Sewer Diversion Project - Quality Control Engineer for $3.0 million
sewer diversion project for the City of San Diego Metropolitan Water and Wastewater
Department, responsible for construction liaison between the City's Residient Engineer and
the Contractor to ensure plans and specifications are implemented.
· Spring Valley Trunk Sewer - Project Engineer - Evaluation of repair and replacement
alternatives for 36" pipeline in the Bonita area of the County of San Diego.
· City of San Diego Sewer Pump Station 59 - Reconstruction of pump station and new force
mam.
· Repair Salt Water Pump Station, Naval Station, San Diego - Engineering services for a new
2500 gpm pumping facility within the dry dock.
, · Torrey Pines Water Main Replacement - Project Engineer for design to replace l6-inch water
main and replacement of valves, City of San Diego Water Department.
· Reclaimed Waterline Extensions - Project Engineer for 4,000 If of pipeline design, City of San
Diego Water Department.
5-/D5 HIRSCH & COMPANY
CONSULTING ENGINEERS
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N. WAYNE PAPAC
SENIOR CONSTRUCTION MANAGER
LICENSES: General Engineering Construction Contractor (Class A) - California & Hawaii
with supplements for Hazardous Materials and Asbestos Abatement
EDUCATION: Construction Supervising and Project Management, Orange Coast College, 1977
EXPERIENCE:
Mr. Papac has more than 38 years of heavy construction experience. He has an exceptional
background in project management and field operations. His experience includes: inspection of
completed work for conformance to specifications and quality; development and implementation of
project and site safety plans; resolution of design, delivery and construction problems; formation,
management and support of project teams; preparation of estimates and negotiation of contract
changes; budget development, tracking and analysis; execution; analysis, tracking and optimization
of project schedules and costing.
Relevant project experience includes:
. Capital Improvement Program for the Metropolitan Wastewater Department, San Diego-
Pipelines/Tunnels/RecIaimed Water Group Contracts. Chief Resident Engineer for 44 miles
of Sewer and Reclaimed Water Pipelines contract packages valued at over $224 million. Wayne
carried out liaison and coordination responsibilities with client's Program Managers and
Associate Engineers, participated in client's partnering program for all pipeline contracts,
conducted review of field conditions with Lead Resident Engineers, Resident Engineers and
Inspectors and conducted reviews of technical specifications and change order estimates for pre-
negotiating support to contract managers. He ensured that contract field submittal reviews were
properly documented and maintained by support staff along with contract field records, daily
reports and contractor as-builts and helped formulate alternate solutions to resolve changed field
conditions, while working closely with the Engineer of Record to implement solutions for
differing site conditions.
Wayne worked closely with third party groups in coordinating the execution and testing of the
i work. He is strongly supportive of the client's safety requirements, as well as CAL-OSHA
't regulations and the contractor's programs for strong safety programs. He encouraged
contractors to improve performance of their construction schedules to meet milestones/work
completion dates through improved work efforts, resources and construction techniques:
Wayne has insight to completely understand a contractor's approach to bidding, business
problems, technical abilities and contract administration, which is based upon years of field
experience in both the public and private sectors. This is an invaluable asset to any client as it
, brings contractor perspective to the Owner's side of the table.
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CONSULTING ENGINEERS
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Wayne Papac Page 2
From having worked on, supervised, managed or inspected various types of pipelines through
differing ground conditions, Wayne is familiar with the means, methods and utilization of
specialized equipment applicable under each condition. Some examples of his work include the
following projects:
· City of San Diego MWWD Clean Water Program CIP.
Served for 8 years as the chief resident engineer for the CM Pipelines team. Work included new
sewer, sewer rehabilitation, reclaimed water pipelines, pump stations and 9 million gallon
reservoir, diversion structures and systems, sewer pump stations, and waterline relocations.
Was directly.responsible for quality control and assurance for all contracts.
· Fiesta Island Replacement Project/MWWD Capital Improvement Program, San Diego.
Provided Construction Management and CRE inspection of the grading and reestablishment of
Fiesta Island after the Metro-Biosolids Facility became operable.
· First San Diego River Improvement Project, City of San Diego.
Was the pipeline relocation estimator and project manager for the 78' Mission Valley Trunk
Sewer relocation from Hwy.163 to Stadium Way. Coordinated with grading and dewatering
bypass team to construct San Diego River improvements.
· Relocation and Replacement of Pipeline 3 at State Route 125/94 Interchange, San Diego.
! Assigned to work with CM, Haley & Aldrich as assigned Resident Engineer for the San Diego
~.. County Water Authority. Project involved relocating and replacing 1730 If of a 66" pipe
segment of Pipeline 3 with a 72" diameter welded steel segment mortar lined and coated pipe, of
which] 195 If of tunneled and the remainder open cut. There were two soft ground vertical
shafts, one hard rock vertical shaft and two tie-in locations. Project tie-in completed as
scheduled.
· Lake Jennings Aqueduct, Helix Water District. Project Manager for 30,000 48" steel
cylinder rod wrapped concrete pipe that included 2,000 If of 4'x6' box tunnel insertion and 800
If of 78 If deep open cut installation in hard rock.
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CONSULTING ENGINEERS
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Haley & Aldrich
STEVEN M. FlTZWILLIAM, G.E., RCE
Senior Engineer
Summary of Qualifications
Mr. Fitzwilliam more than II years of experience in managing a variety of diverse project types,
including geotechnical investigations, earthwork observation and testing, management of field
and laboratory personnel, and engineering recommendations for projects with distress or unusual
site conditions, Mr. Fitzwilliam has extensive experience with geotechnical engineering
investigations involving dams, schools, hospitals, pipelines, soil improvement, slope stability,
airports, landfills, high-rise structures, and forensic engineering. Mr. Fitzwilliam has significant
knowledge of the geologic conditions in the San Diego area.
Mr, Fitzwilliam has worked on all phases of pipeline design and construction. Experience
includes design and construction management of conventional open trench pipelines, trenchless
tunnel installation design and construction management. His California projects include
Alvarado Water Treatment Plant tunnel, South Mission Valley Trunk Sewer tunnel design, and
the Inland Feeder Pipeline for the Eastside Reservoir project. He was responsible for evaluation
of design using laboratory test results, soil parameters and first hand experience with
pressuremeter testing and analyses
Relevant Project Experience
Earl Warren Reservoir, Alvarado Water Treatment Plant, San Diego, CA. Project manager
for the construction management of the new approximately 900- ft- long tunnel. The tunnel was
advanced using a digger shield and ribs and lagging support system in cobble abundant Stadium
Conglomerate and fill materials, During excavation unexpected water
seepage was encountered that was not evident in the geotechnical borings performed by others
for the project. Additional geotechnical explorations and observations were performed for this
project.
South Mission Valley Trunk Sewer, San Diego, CA. Project manager for the tunnel design
and specifications for approximately 15,000 ft of pipeline up to 42-in.-dia pipeline. The
trenchless methods recommended include conventional tunneling, microtunneling, Jack & Bore,
auger boring. and shield tunneling through alluvial soils with occasional cobbles and boulders.
The pipeline crosses Caltrans freeways several times.
Moreno/Lakeside Pipelines, Lakeside, CA. Project manager for the construction management
of the installation of 5-ft-dia water pipeline under the San Diego River by microtunneling
methods. The project including the excavation of the access shafts supported by sheet piles and
excavation of the soil below the groundwater table within the shafts. The pipelines supplied
water for the San Vincente Dam for the San Diego County Water Authority.
, Black Mountain Road Pipelines Tunnel, San Diego, CA. Performed geotechnical
investigation including field explorations (rock core borings) for redesign of the tunnel under
Penasquitos Creek, The tunnel for the water pipelines was alOft high horseshoe tunnel
excavated by conventional means in the Ardath Formation and underlying Santiago Peak
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STEVEN M. FITZWILLIAM, G.E., RCE
Volcanics. The rock core borings were performed vertically and on an incline to avoid .
environmentally sensitive areas.
SDG&E Bay Crossing, San Diego, CA. Provided geotechnical engineering analyses and
recommendations for new 69kV electric line for San Diego Gas & Electric to cross under San
Diego Harbor to replace an existing electric line, The existing line is located along the bottom of
the bay floor and will need to be moved due to proposed dredging of the harbor. The new
electric line will be installed using Horizontal Directional Drilling methods to place the electric
line between Seaport Village in San Diego to Coronado.
SDG&E Moreno Pipeline Crossing, San Diego, CA. Project manager for San Diego Gas &
Electric gas pipeline crossing under Interstate 5 and the SDNR railroad tracks. The pipeline
encountered alluvium and Bay Point Formation with a mixed faced condition under the freeway.
A 54-inch diameter steel casing was installed in the tunnel under the highway and railroad
crossing. The trenchless method employed for the crossing was jack and bore.
Natural Gas Pipeline Repair, Encinitas, CA. Project manager and geotechnical engineer for
assessment of natural gas pipeline for Southern California Gas. The slope adjacent to Agua
Hedionda Lagoon had eroded away around the pipeline and exposed the pipe. The pipe was
suspended in the air for a length of approximately 30 ft. The project entailed assessment of the
slope stability and engineering repair of the slope, including slope erosion protection.
San Diego Gas and Electric (SDG&E). Extensive work with San Diego Gas and Electric on
pipelines and transmission lines. Collaborated with numerous SDG&E project managers on
projects such as high-pressure gas lines crossing landslides, reservoirs and alluvial valleys in
Mexico. Worked on the Rosarito Natural Gas Pipeline, Friars Substation design and
construction utilizing Moment Foundation Analyses and Design computer program, and
performed project management for Talega Substation expansion, Talega Substation is a
showplace substation for SDG&E for new technology at a site underlain by a large ancient
landslide. Presented two-day technical seminar titled "Introduction to Geotechnical
Engineering" to SDG&E civil/structural engineering group.
Harbor Drive Trunk Sewer Replacement, San Diego, CA. Provided geotechnical engineering
¡; analyses and recommendations and performed field explorations for trunk sewer replacement
f pipe along Harbor Drive in the downtown area of San Diego. Variable soil conditions were
encountered along the alignment from Bay Point Formation to soft, liquefiable bay deposits to
depths of 50 ft or more.
Encinitas Storm Drain, Encinitas, CA. Project manager performing engineering analyses and
report preparation for a feasibility study for the installation of new storm drain pipelines for the
City of Encinitas by trenchless methods. The project involves installation of new storm drains up
to II feet in diameter along Highway lOl, crossing existing railroad tracks, and passing through
, an existing landslide. Several trenchless means were evaluated including, Horizontal Directional
Drilling, Tunnel Boring Machine, microtunneling, and Jack & Bore. Over 11,000 ft of new
storm drain pipeline was evaluated.
Geotechnical Investigation for Old Town Light Rail Transit System, San Diego, CA.
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STEVEN M. FITZWILLIAM, G.E., RCE
Project engineer for field and laboratory investigation for new Laurel Street Bridge overpaßs for
San Diego Trolley in downtown San Diego. Performed settlement evaluation of new bridge
abutments over clean sands. Bridge settlement were monitored and correlated well with
calculated settlements,
Mira Sorrento Place Roadway Extension, San Diego, CA. Project manager and geotechnical
engineer for the extension of existing road into undeveloped land. The project involved large
cuts and fills with canyon subdrains. Provided soil engineering recommendations for new
¡ retaining walls up to 40ft high. Performed slope stability of cut slopes and coordinated with
utilities crossing the site and the envirorunental consultant performing the EIR.
East CarIsbad Boulevard Bridge, Carlsbad, CA. Performed engineering analyses for pile
foundations for existing bridge with new loading conditions. Performed analyses for both
vertical and lateral pile loading.
Caltrans Bridge Seismic Retrofit, California. Project engineer for geotechnical analyses for
seismic retrofit of several existing Caltrans bridges in Southern California. Analyses included
vertical and lateral pile analyses as well as group pile interaction analyses.
, OIivenhain Dam, San Diego County, CA. Project engineer for geotechnical baseline data
report for the highest roller compacted concrete dam in California. The project was performed
¡Î for the Olivenhain Municipal Water District as part of the California Emergency Storage Project.
Performed management of the laboratory testing program, coordinated with the field
,-,.
investigation, performed peak particle velocity measurements for the test blast, and wrote the
)' geotechnical report with oversight from the project manager.
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Lake Hodges Dam, San Diego, CA. Project engineer for analyses of foundation stability in
"J regards to dam crest overtopping as a result of the revised lOO-year storm flood analyses. The
'j solution to the overtopping of the dam would be raising the crest height and retrofitting the
1)1 existing spillway. Performed field observations, engineering analyses of foundation stability in
regards to water flow from overtopping and increased bearing pressure due to dam raise, and
researched original dam design details at the Division of Safety of Dams.
:Ò' Education
œ University of Illinois, M.S., 1992
'.~'
San Diego State University, Bachelor of Civil Engineering, 1989
:1
ProCessional Registration
1995/Registered Civil Engineer/California (Reg. No. 53231)
2000/Geotechnical Engineer/California (Reg, No. 2501)
,
Professional Societies
American Society of Civil Engineers, Geotechnical Division-Vice Chairman, 2002-2003
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Halev & Aldrich -
KURT D. SANDERS
Staff Field Engineer
,
Summary of Qualifications
Mr. Sanders has 20 years of experience related to industrial and public works projects,
encompassing hard rock and soft ground tunneling, engineering, contract administration, bridge,
and highway projects. Mr. Sanders has balanced blend of experience for both tunnel inspection
and construction. He has organized coordinated and performed field logistics, supervised, and
interacted with owners and contractors on large civil construction projects. Mr. Sanders has also
been involved in performing blasting, concrete placement, drilling, equipment operations, tunnel
and shaft excavation, mechanical utilities, reinforcement steel placement, structural steel
erection, and utilities, He has worked with both hard rock and soft rock tunneling projects
providing liner installation and inspection.
Relevant Project Experience
Stanley Canyon Intake Tunnel Project, Colorado Springs, CO. Responsible for inspection
and construction of conventional and mechanical excavation of a 12-ft-dia tunnel in Pikes Peak
granite. The tunnel was an approximately 17,OOO-ft-long intake tunnel for a proposed
hydroelectric dam project. Tunnel excavation methods utilized consisted of conventional, top
I and bottom heading, and mainbeam TBM excavation methods. Inspected and installed initial
tunnel support system consisting of steel sets, rock bolts, spiling, and shotcrete and wire mesh.
Also responsible for inspection of final cast-in-place reinforced concrete liner for tunnel. Lead
miner on a 12-ft-dia I,OOO-ft-deep drop shaft utilizing conventional shaft sinking methods,
Moreno-Lakeside Pipeline Tunnels, San Diego County, CA. Tunnel resident engineer
responsible for the successful completion of a 31O-ft, 7-ft-dia drill-and-blast tunnel, a 460-ft, 78-
in.-dia microtunnel and a 66-ft, 72-in. auger bore. Responsibilities included project engineering,
sub-contractor management assisting the construction manager with the teclmical issues
pertaining to the tunneling and were responsible for ensuring that the tunnels inspections were
performed according to the contract specifications and drawings.
Alvarado Water Treatment Plant Tunnel, San Diego, CA. Resident engineer responsible for
site administration, submittal reviews, project engineering, and billings. Field tunnel inspection
of the 9OO-ft, modified horseshoe-shaped tunnel with steel ribs and wooden lagging to place a 60-
in, steel yard piping on existing water treatment plant site is currently underway.
Los Angeles County Sanitation Rail Crossing, Los Angeles, CA. Tunnel resident engineer
responsible for the design and implementation of a tunnel settlement instrumentation plan to
monitor the settlement of a IO-ft, horseshoe-shaped shield tunnel in soft, running sands,
Responsible for data collection and interpretation of all tunnel related settlements and tunnel
construction activities during the course of the project.
,
Laramie-Poudre Water Tunnel, Laramie, CO. Project engineer responsible for site
':)-/1/
--~..,_._.._--_..__.-
KURT D. SANDERS
administration involving the rehabilitation of the 11,000-ft hard rock Laramie-Poudre water
tunnel in a remote Colorado location. Tunnel was constructed using drill and shoot excavation
methods. Responsibilities included site safety, project engineering, submittals, billings,
procurement, and owner correspondence, and provided direction and support to field crews.
Seven Falls Elevator Shaft Project, Colorado Springs, CO. Lead miner for an elevator shaft
utilizing conventional raise-construction method for the construction of the shaft. Responsible
for installation of temporary shotcrete and steel sets liner system and permanent reinforced
concrete liner system.
1-25 Storm Drainage Pipe, Pueblo, CO. Project engineer responsible for site administration
and construction for jacking of 457.20 m of 1.83 m internal dia Hobas pipe through medium to
stiff clay underneath 1-25 to provide storm drainage. Tunnel was mined using a 1.95 m
Akkerman TBM with a 635-ton jacking frame. Compiled daily shift reports and ensured
adherence to CDOT plans and specifications,
Interstate 70 Twin Tunnel Project, Debeque, CO. Miner utilizing mechanical excavation
methods to excavate two 620 If tunnels for Interstate 70 highway through granitic rock.
Responsible for installation of steel sets and shotcrete liner system for two approximately
42-ft wide x l8-ft-high tunnels.
I Ponce Diversion Tunnel Project, Ponce, Puerto Rico. Miner responsible for excavation of a
620- and a 61O-ft-Iong diversion tunnels for a proposed dam, The project consisted of
conventional excavation of tunnels in hard rock utilizing drill and shoot techniques.
Beaver Head Talc Mine Development Project, Dillon, MT, Miner responsible for developing
a taIc deposit stope, Construction development consisted of a 17 degree,
650-ft-long decline tunnel utilizing drill and shoot tunneling methods as well as developing a 180-
ft raise bore shaft. Initial tunnel support consisted of rock bolts, wire mesh, and shotcrete lining
system.
Education
, University of Southern Colorado, B.S, Civil Engineering, 1989
,
~
Special Studies and Courses
First Aid/CPR
OSHA Hazardous Waste Operations (40-hr) expires 12/03
OSHA First Responder (24-HR); expires 12/03
OSHA Confined Space
OSHA 500
, Padi Scuba Certified
5-1/2.
---~- ~___._~__ __'___._..'_.._m_._.__
~!/~ Cityof ChulaVista Proposal for Design Build Services
:::;. --:; General Services Department Poggi Canyon Trunk Sewer
~====-
,
,
APPENDIX B
Contractor's License and Bond Letter
5-113
~ TC Construction Company, Inc. HIRSCH & COMPANY
CONSrRI.'CT!O:'
COMPANY
_._.._..__~.~_,. - __. __m __ ___ -.-----. .. ........._~._-~_._-~--_.~~--
C0l®/k
-PAUL DOLE INSURANCE AGENCY
5130 .BONITA ROAD, SUITE A . P.O. BOX 400 . BONITA, CAlIFORNIÁ 91908
TELEPHONE 619 - 475-5200
FAX - 475-5258
June 17, 2004 lie. #0531634
City ofChula Vista
General Services Department
Project Development & Management
1800 Maxwell Road
Chula Vista, CA 91911
Project: Request for Proposal
. l'oggi Canyon 1'runk Sewer/UpgradeofReach 205
RE: TC Construction Company, Inc.
The p111]JQSe of this letter is to provide a surety I financial reference on TC Construction.
Company, Inc., 10540 Prospect Avenue, Santee, CA 92071.·
We understand that TC Construction Company, Inc. may be submiJting a proposal to the City of
Chula Vista to construct the referenced project and that bid and or final bonds will be required to
IJCcure the perfonnance of that contract. We further understand that the approximate value of the
project is estirn¡1ted to be in the range of$I,OOO,OOO.Ifrequested by TC Construction Company,
. Inc. and subject to nonnalunderwriting review, I know of no reason why bid and orfinal bonds
would notbe provided for the referenéed project.· .
I have handled the surety needs for TC ConstI'uction co., Inc, since 1987. During that time, we
. have issued bid and final bonds in excess of $25,000,000 on single projects and have had
outstanding work programs in excess of$40,000,OOO. Cummtly Liberty Mutual Insurance
Company underwrites the surety requirements ,for TC Construction Co., Inc. That surety company
is qualified by the US Department of the TreasuJ:Yto provide single bonds to $177,241,000 and is
rated A XV by the AM Best Rating C9mpany.
t- Should you need additionaHoformation or if I may be of further assistance, please do not hesitate
. to contact me at the address indicate<i aboye. We reco111ll1end TC Construction Company highly
to you.
Best Regards,
Paul Dole Insurance Agency
~~.~
James F. Teghtineyerm
, Vice President/Surety
S-U'7
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~If?- city of Chula Vista Proposal for Design Build Services
:; ~ -:: General Services Department Poggi Canyon Trunk Sewer
--
-~
,
APPENDIX C
Project General Conditions
5- J / b
~ TC Construction Company, Inc. HIRSCH & COMPANY
CON5TI:l:ç;roN
--
"_"_N____ __._.._..,_..___.__~_....._.'__m
GENERAL CONDITION WORKSHEET
I DESCRIPTION QTY UNIT UNIT COST I '
Temporarv Services
Toilet (1 ea) 1 month $125.00
Tool Trailer Including Small Tools 1 month $675.00
40 cy Dumpster (Including dump fees) 1 ea $825,00
Temporary Power Drop 1 ea $3,600,00
Monthly Electric Bill 1 month $250.00
Temporary Water 1 month $800.00
Security Guard 1 hour $20.00
Project Site Office
Temp Office Mob & Demob 1 ea $750.00
Temo Office Rental 1 month $425.00
Office Eouipment 1 month $360.00
Office Supplies 1 month $75.00
I Telephone & Radio Services 1 month $300.00
','" Pre Construction Video 1 $2,500.00
ea
Post Construction Video 1 ea $2,500,00
Project Personnel
Project Manager wI Truck 1 hour $88.00
General Superintendent (Construction Manager) wI Truck 1 hour $83.00
Jobsite Superintendent wI Truck 1 hour $76.00
Project Administration & Accounting 10% of Total Price
j
,
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....-"------..
~!I?- City of Chula Vista Proposal for Design Build Services
::- t ~ General Services Department Poggi Canyon Trunk Sewer
~=::=-
,
APPENDIX D
Preliminary Cost Estimate
-5 .) fZ
~ TC Construction Company, Inc. HIRSCH & COMPANY
CON5l1':l!C11ON
COMPANY
.--.....---.- ------------~-
Poggi Canyon Trunk Sewer
T.C. Construction Company, Inc.
10540 Prospect Ave. Santee, CA nO?l .
(619) 448-4560 Fax (619) 448-3341
Contact: Wes Wise
Position: Vice President of Busincss Development
Ert: 121
Contact: Greg Tscherch, P.E. Plans Dated:
Comvanv: 1800 Maxwell Road Sheet: RFP Package
Address: Chula Vista, Ca. 91911
Avvroved:
Phone: 619-397-6105 Addenda:
Fax: 619-397-6250
Date: 11-3..04 E°î§ì
REVISED 11-3-04
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
Potho1ing for Design Phase 1.00 LS 10,000,000 ] 0,000.00
TCC Project Management for Design Phase 1.00 LS 35,000,000 35,000.00
Land Swveying 1.00 LS 13,200.000 13,200.00
Civil Design 1.00 LS 37,700,000 37,700.00
Geotechnica] 1.00 LS 28,500.000 28,500.00
Thunel Design 1.00 LS 17,000.000 17,000.00
Agency Coordination 1.00 LS 6,500.000 6,500.00
SUBTOTAL PHASE ONE SERVICES S147,9OO.OO
Install & Backfill Jacking Pit 1.00 EA 8,717.000 8,717.00
Install & Backfill Receiving Pit 1.00 EA 25,105.000 25,105.00
Install & Remove Thrust Wall 1.00 LS 7,500.000 7,500.00
Bore & Jack 42" Casing wI 27" PVC SDR 35 500.00 LF 725.000 362,500.00
27" PVC SDR 35 Open Cut 105.00 LF 216.000 22,680.00
8" PVC SDR 35 Open Cut 15.00 LF 151.000 2,265.00
8' Diameter Pre-Cast Manhole wI T-Lock & Zehron 1.00 EA 6,685.000 6,685.00
Manho]e S-2 wI T-Lock and Zebron Coating 3,00 EA 6,185.000 ]8,555,00
Zebron Coat Existing Manhole 1.00 EA 2,100.000 2,100.00
Slwry Fill Existing 18" VCP Sewer Main 620.00 LF 11.600 7,192.00
Abåndon Existing Manho]e 1.00 EA 2,200.000 2,200.00
Rep]ace Existing 18" CMP Stonn Drain 40.00 LF 47.250 1,890.00
Replace Existing Paving at Jacking Pit 16.00 TON 118,000 1,888.00
Sewer Bypass for Manhole One 1.00 LS 11,740.000 11,740.00
Replace Landscaping 1.00 LS 5,000.000 5,000.00
Remove & Rep]ace Fencing at Melrose Property 1.00 LS 750.000 750.00
Traffic Control 1.00 LS 2,200.000 2,200.00
Page 1 of2
5.. f 10
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
Replace AsphaJt on Melrose 10.00 TON 138.000 1,380.00
Replace Curb & Gutter 20.00 LF 29,000 580.00
RepJace Sidewalk 100.00 SF 6.000 600.00
Resident Engineer 1.00 LS 26,250.000 26,2$0.00
Tunnel Inspection 1.00 LS 26,250.000 26,250.00
Swvey Staking 1.00 LS 12,600.000 12,600,00
SUBTOTAL PRELIMANARY COST OF 5556,627.00
CONSTRUCTION
General Conditions 5.00 MON 33,850.000 169,250.00
SUBTOTAL GENERAL CONDmONS 5169,250.00
Management Fee: 15% ofPrelimanary Const. Cost 1.00 LS 83,500,000 83,500.00
TOTAL 5957,277.00
GRAND TOTAL 5957,277.00
NOTES:
"THIS PROPOSAL IS A REVISED BREAKOUT OF COSTS PER CITY OF CHULA VISTA'S REQUEST
1. With some minor adjustments to MIl # I we should be able to eliminate a large portion of the sewer bypass money.
2. The bore and jack price is figured on using 3/4" thick steel casing wI a grade of A36 class "B" import or domestic plate,
typical straight seam rolled and welded, and will not conform to A WW A-C200 water pipe spec. There would be a price
reduction if a decrease in casing wall thickness could be obtained.
3. The bore andjack quotation is based on good boring conditions with a maximum cobble size of25% of the casing diameter,
cobble presence not to exceed 50% of the LF bored and 25% of the excavated volume. Soil to be non-cemented and
non-flowing.
4. Dewatering or Rock breaking is excluded
5. Handling of hazardous material is exc]uded
6. Prevailing wages are excluded
!.UtA uJ~
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5 -/20 Page 2 of2
._~-- . - - .-----.-.- ---,_.._~_.._--
~! f? City of Chula Vista Proposal for Design Build Services
~~-: General Services Department Poggi Canyon Trunk Sewer
-~
-~
,
APPENDIX E
Design and Construction Schedule
5-{2 ,
~ TC Construction Company, Inc. HIRSCH & COMPANY
CONS11ll,;CT;oN
COMPANY
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~\f?. City of Chula Vista Proposal for Design Build Services
:;- ~ --= General Services Department Poggi Canyon Trunk Sewer
--
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,
APPENDIX F
Insurance Coverage
_."
5-/23
~ TC Construction Company, Inc. HIRSCH & COMPANY
~"
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. --,-~-"-------~_.__.__._.. --.-.-.
Client#: 2318 TCCON1
ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYVY)
10/31/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MAHER OF INFORMATION
John Burnham Insurance Svcs 11 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CA lie 0099753 /750 B St, #2400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego, CA 92101
619231-1010 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERAo Amer.lnll. Specialty lines Ins Co, 26883
T C Construction Co., Inc. INSURER B: Netherlands Insurance Co. 2'4171
10540 Prospect Avenue INSURER c: Arch Specialty Ins. Co. 21199
Santee, CA 92071 INSURER D: American Home Assurance Co. 19380
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN [S SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER ~~~8~E Pg~¥l 'Æ,X:b~~N LIMITS
A ~NERAL LIABILITY 9332901 11/01/03 11/01/04 EACH OCCURRENCE $1 000 00.0
X COMMERCIAL GENERAL LIABILITY ~~~~~~J9E~~T~~nce $50 000
I CLAIMS MADE [KJ OCCUR MED EX? (Anyone person) $5000
PERSONAl & ADV INJURY $1 000000
GENERAL AGGREGATE $2 000 000
~'~ AGG~EriíE ~~M: AñSLPER: PRODUCTS· COMP/OP AGG $2 000 000
POLICY X JECT lOC
B ~TOMOBIlE lIABilITY BA9534760 11/01/03 11/01/04 COMBINED SINGLE LIMIT
ANY AUTO (Eaaccident) $1,000,000
-
- All OWNED AUTOS 80Dtl Y INJURY
$
~ SCHEDULED AUTOS (Per person)
~ HIRED AUTOS 80DIl Y INJURY
$
~ NON.QWNED AUTOS (Peracddent)
PROPERTY DAMAGE $
(Per acddenl)
~~GE LIABILITY AUTO ONLY· EA ACCIOENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
C ~~SSlUMBREllA LIABILITY 72ULP13078001 11/01/03 11/01/03 EACH OCCURRENCE $5 000 000
X OCCUR D CLAIMS MADE AGGREGATE $5 000 000
$
;:1 ~EoUCTlBLE $
X RETENTION $ 10000 $
D WORKERS COMPENSATION AND 6435983 11/01/03 11/01/04 X I we STATU-, I IOJ~-
EMPLOYERS" LIABILITY $1 000000
ANY PROPRIETOR/PARTNER/EXECUTlVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE $1,000,000
Ifyes,desCfibeunder E.L. DISEASE· POLICY LIMIT $1,000,000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS
EVIDENCE OF COVERAGE
CERTlFIC'ATE HOLDER CANCELLATION -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPiRATION
EVIDENCE OF COVERAGE
.
ACORD 25 (2001/08) 1 of2 #M12013 5-IZIf CLG @ ACORD CORPORATION 191
I
I IMPORTANT
I ,
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
I on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
I affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
r
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,
5-/25
ACORD 25-S (2001/08) 2 012 #M12013
"~.__. ~---- "_._.._._------~-_.._-~._.._._._-_.._..._..~-,.---
~
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDfYY)
06/14/04
PRODUCER OA99520 1-619-234-6848 THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION
Cavignac ~ Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1230 Columbia Street, Suite 850 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXrEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego, CA 92101 INSURERS AFFORDING COVERAGE
Jeffrey w. Cavignac, CPCU,RPLU
INSURED INSURER A: American States Insurance Company
Hirsch ~ Company INSURERB:United States Fidelity" Guaranty Company
4499 Ruffin Road, Suite 300 INSURERC:St. Paul Fire" Marine Insurance Company
San Diego, CA 92123 INSURERD:Great Am.erican Assurance Company
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOOINÐJCATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POliCIES. AGGREGATE lJMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
II~;: TYPE OF INSURANCE POUCY EFFECTIVE POLICY EXPIRATION
POLICY NUMBER LIMITS
B ~NERAL LIABILITY B1t0131678l 03/01/04 03/01/05 EACH OCCURRENCE Sl,OOO,OOO
X COMMERCIAl. GENERAL LIABILITY FIRE OAMAGE (Anyone fire) $ 300,000
J CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $10,000
X Broad Form PERSONAL & ADV INJURY $ 1,000,000
re-
X Blanket Contractual GENERAL AGGREGATE $ 2,000,000
r-- S 2,000,000
ñ'L AGGREGATE LIMIT APñS PER: PRODUCTS· COMPIOP AGO
POliCY ~ ~~g: LQC
A ~OMOBILE LIABilITY 01CEB962235 03/01/04 03/01/05 COMBINED SINGLE LIMIT
....!.. ANY AUTO (Eaaccidenl) S 1,000,000
- All OWNED AUTOS BOOIL Y INJURY
(Per person) S
- SCHEDULED AUTOS
- HIRED AUTOS BOOIl Y INJURY
(Per accident) S
- NON-OWNED AUTOS
- PROPERTY DAMAGE S
(Peracci:lenl)
RRAGE LIABILITY AUTO ONLY - EA AOODENT S
ANY AUTO OTHER THAN EAACC S
AUTO ONLY: AGG $
pESS LIABILITY EACH OCCURRENCE $
OCCUR 0 CL.ÞJMS MADE AGGREGATE S
$
R DEDUCTIBlE $
RETENTION $ S
C WORKERS COMPENSATION AND WVA77490n 03/01/04 03/01/05 X I we STAWS I ¡OJ~-
EMPLOYERS' LIABILITY S 1,000,000
E.l. EACH ACCIDENT
EL DISEASE - EA EMPLOYEE S 1,000,000
'. E.l. DISEASE - POUCY LIMIT S 1,000,000
'I
j OTHER
.1 D Professional Liability EDN32097390l 03/01/04 03/01/05 Each Claim 1,000,000
Aggregate 2,000,000
, DESCRIPT' ()N OfOPERATIONSlLOCATtONSNEHlClESlEXClUSfONS ADDEO BYENDORSEMENTISPECIAL PROVISIONS
,
, Professional Liability - Claims made form, Aggregate limit policy. Defense costs included within limit of liability.
! RE: HCWO 2003.065 Survey. Certificate Holder and Stearns, Conrad and Schmidt, Consulting Engineers, Inc'. are named as
Additional Insured Primary & Non-Contributory with respect to General and Auto Liability per attached endorsements.
Waiver of subrogation applies to General Liability included in policy form..
*10 days NOC for non-payment of premium.
CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER lETTER: B CANCELLATION
¡ , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
! Environmental Business Solutions DATE THEREOF, THE ISSUING INSURER WILL ÈitéKX~~MAIL ~ DAYS WRITfEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, IJCØOÐUUDJUtXi!l~O SHALL
8799 Balboa Avenue #290 XDlUm]l II~KUIOIX~II.XfQ:mxmm:XBISUUÐ!XIU».uJOS{IIR
~I~~IXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
San Diego, CA 92123 AUTHORIZED REPRESEN'"fATlVE
USA .
I
ACORD 25-5 (7/97) Katherine @ACORO CORPORATION 1988
1877471 .~-/2fo
-----_.---_..-_._--,-,--,.- --._,-~
11/16/2004 14:30 FAX 16193976250__________CITY QF CV 141001
----. -------
~If?- City of chula Vista Proposal for Design Build Services
- - - General Services Department Poggi Canyon Trunk Sewer
"'"
--
.
,
APPENDIX G
/ Financial Statements ,
(INTENTION ALL Y OMITTED)
5-/27
tì TC Construction Company,Inc. HIRSCH & COMPANY
.........,-.-
~.
----.----..... .- _ .. M"_'_'__·_·___·'___·_~____·'_·
~!f?- City of Chula Vista Proposal for Design Build Services
:::; ~:-: General Services Department Poggi Canyon Trunk Sewer
~~=-
,
APPENDIX H
Specific Site Health
and
Safety Plan
5-122
~ TC Construcl:ion Company, loe. HIRSCH & COMPANY
~ON
,~
.--.-."' - - ---.".-..--- -- ---_...._....._._._._.~---_..._-".- ..- ".-.'.---
SITE SPECIFIC HEALTH AND SAFETY PLAN
,
For the
Poggi Canyon Trunk Sewer Replacement Project
Chula Vista, California
Incorporated into and made apart of this project specific Site Specific Health and Safety Plan is
TC Construction Company's Safety Program.
I. The following personnel will be responsible for project safety and accident prevention;
Jim Jonas, Corporate Safety Director (619) 726-3082(Cell), (619) 464-6436(Home)
Wes Wise, Project Manager (619) 448-4560Xl2l, (619) 726-4818(Cell)
Jeff Shaw, Superintendent (619) 726-3138(Cell)
2. All construction and administrative activities shall comply with all ANSI, CFR, COE, CAUOSHA,
OSHA, and established policies, procedures, and safety plan ofTC Construction Company.
3. Coordination and control of work will comply with the established policies and procedures of TC
.;< Construction C"Ompany_ Prior to commencing any work, all personnel and subcontractors assigned to the
'/;;"
project will be required to attend a preparatory meeting, review their scope of work, hazard analysis,
current site conditions and resulting impact on their operations, and take a walk of the complete area and
become familiar with all aspects of the project and environment.
4. Layout of temporary construction buildings & facilities. No temporary construction facilities shall be
erected. However, trench plates shall be placed over trenches as needed and fencing will limit access
and egress to only those authorized individuals and subcontractors.
5. Indoctrination, safety education, and training will comply with established policies, procedures, and
company safety plan of TC Construction.
6. Safe access and egress is provided by established roads and entrances at the job site. Traffic control
plans will be used as necessary to insure safe operations while in active traffic areas.
7. Daily cleanup will be conducted by all personnel and subcontractors. Daily inspections shall be
performed by the jobsite Forman.
8. Fire protection will be provided as follows:
Fire emergency phone # is 911.
, Portable fire extinguishers shall be provided for hot work.
All flammable and/or hazardous compounds shall be stored per all ANSI, CFR, COE, OSHA,
CAUOSHA and established policies, procedures, and safety plan ofTC Construction Company.
Evacuation and emergency phone Dllmbers shall be provided to all personnel and each subcontractor, as.
well as maintaining them on the jobsite.
5-/21
. ----- - - -----_...~-- ------_.__...._,----~---_._--_.-.._-_._--
9. Safety inspection ofthe jobsite will be preformed on an ongoing daily basis by the job Foreman. The
inspection findings, violations;andoorrectiveactions taken shall be recorded on the daily Foreman's
Log Book. Corrective actions shall be immediately taken in accordance with established policies,
procedures, and company safety program ofTC Construction Company. Additional inspections will be
performed and documented by TC Construction's Safety Director on a weekly basis.
10, Accident investigation shall be performed on all injuries and illnesses by the Safety Director or his
designated representative. The jobsite Foreman and a subcontractor representative shall be responsible
to investigate, interview, document, and take immediate corrective action of all injuries and illnesses
with the assistance of the Safety Director.
In the event of a fatality, five (5) or more persons are hospitalized, and/or extensive equipment/material
damage the jobsite shall be closed, except for emergency measures, the Safety Director shall be
immediately contacted, and jobsite access allowed only to those individuals identified by the Safety
Director and TC Construction Company as being a part of the accident investigation team.
II. Fall Protection Systems. Platforms and ladders shall be installed and used as instructed by the
manufacturer/engineer. Extension ladders shall be anchored and/or tied so as to prevent falling. The top
of the ladder shall extend at least 3' above the edge of the platform. All openings shall be clearly
identified and guarded.
12. Temporary power distribution shall be provided by use of gas generators with outlets from which GFCI
protected spider boxes or outlets provided for personnel and subcontractor use.
13. Lock outffag out shall be conducted per all ANSI, CFR, COE, OSHA, CAL/OSHA and established
policies, procedures, and safety plan ofTC Construction Company.
,- 14. Office Trailer will not be supplied.
¥
15. In the event of severe weather advisory, all loose equipment and materials will be secured and the job
site will be evacuated when directed by proper authorities.
l6.Confined space entries shall be conducted per all ANSI, CFR, COE, OSHA, CAL/OSHA and
established policies, procedures, and safety plan ofTC Construction Company. Permitted confined
space entries are not anticipated at this time.
17. Trenches exceeding 5 feet shall be maintained per all CFR, OSHA, CAL/OSHA and established
policies, procedures, and safety plan ofTC Construction Company. Anticipated trench depth on this
project should not exceed 13 feet at either location of trenching.
A. Trench shields, trench plates and or plywood shoring will be used as an appropriate protective
system per CCR l541.1(a) to provide adequate trench cave-in protection.
B. The project Foreman shall be competent person qualified per CCR 1541(1<)(1) and shall conduct
inspections of the excavations, adjacent areas, and protective systems before the start of work: as
needed throughout the shift; and daily for potential cave-ins, failures, hazardous atmospheres, or
other hazards.
C. Soil classification at this site will be "Type B" due to previous backfill
D. Shield certifications shall be maintained at the site where the shield is in use.
,
6-/'30
.--.---- _ _______ __ _____. w_.~"_.. _____._ .,~_...________m.__._
~ 1ft,.. City of Chula Vista Proposal for Design Build Services
::- r -= General Services Department Poggi Canyon Trunk Sewer
~~
,
APPENDIX I
Addenda
6~ /3/
~ TC Construction Company, Inc. HIRSCH & COMPANY
="""""'"
COM?ANY
-- -.-------
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~~~~
CITY OF -
CHUlA VISTA File No. 0735-IO-SW226
DEPARTMENT OF ENGINEERING June 2, 2004
REQUEST FOR PROPOSAL
FOR
DESIGN/BUILD SERVICES
FOR
POGGI CANYON TRUNK SEWER I
UPGRADE OF REACH 205
(FILE NO. 073S-10-SW226)
IN THE CITY OF CHULA VISTA, CALIFORNIA
ADDENDUM #1
THIS ADDENDUM MUST BE SIGNED AND SUBMITTED WITH THE RFP
Proposal Due Date & Time: Friday, June 18, 2004 by 4:00 p.m.
The following changes are hereby made effective as though originally issued with the RFP package:
1. An optional site/field visit has been scheduled for FRIDAY, JUNE 11, 2004 AT 10:00 A.M. AI1 .
firms interested in attending the subject site/field visit must meet with City staff prior to visiting the
site; the meeting location will be in the Public Works Center, East Wing, 1800 Maxwell Drive,
Chula Vista, California, at 9:45 a.m, The purpose of the site/field visit is to allow all interested
firms to physically observe, examine, and visit the project site area prior to submitting their RFP.
2. Add the following under section "17.0 PROPOSAL EVALUATION CRITERIA" on page 18:
I. The City will complete the evaluation of the Request for Proposals and invite up to five (5)
firms to participate in the interview and selection process no later than July 9, 2004. The
interviews will be scheduled between July 12,2004 and July 16,2004.
The interview will include Q & A and a 20-minute presentation of your firm's proposal that will
include excerpts ITom other projects similar to the scope of work advertised in the subject RFP.
Please acknowledge and submit as part of your RFP package.
ACKNOWLEDGED BY:
~#d r- ~W?- ~~ ------
Firm's Signature Matt Little, Building and Parks Manager
General Services Department
TillS ADDENDUM MUST BE SIGì'ŒD AND SUBMITTED WITH THE RFP PACKAGE
For written repiies, respond to:
0276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631/ (619) 691-5021
':Þ3\ 1800 MAXWELL ROAD I CHULA VISTA, CALIFORNIA 91911-6158/ (619) 691-5021
@ PoS1-Con~um(.'f Recycled Papcf
5 -/32
--~~-_..~-,._---- _.._-_._~---_._~
- - --_.~..._._.__..,,-
~\rt- City of Chula Vista Proposal for Design Build Services
:-:- ~ --.:: General Services Department Poggi Canyon Trunk Sewer
-:.:.~
,
APPENDIX J
Letters of Recommendation
5-/33
~ TC Construction Company, Inc. HIRSCH & COMPANY
~N
COMrN-,..
~----_.__.._-_...- ________w.___'_ ~____~___._ _____~____
u~·_
JAMES P. O'NEIL
ATTORNEY AT LAW
657 GRAVJLLA PLACE
LA ~OLLA. CALIFORNIA 920.37
TELEPHONE: IS5S1 459-9181 ,::J
FAX: 18581 459-9189
May 23, 2004
I The Ron. Scott Peters Mr. Greg Gibbs
Councilmember, First District TC Construction Co., Inc.
I City of San Diego 10540 Prospect Avenue
i
202 C Street Santee, CA 92071-4529
San Diego, CA 92101
I Kevin D. Estrada, Supervising Engineer Anh Nguyen, Resident Engineer
City of San Diego, Field Engineering Division City of San Diego, Field Engineering Division
I Engineering and Capital Projects Engineering and Capital Projects
9485 Aero Drive, MS 18 9485 Aero Drive, MS18
San Diego, CA 92123 San Diego, CA 92123
I Clemens Wassenberg Carrie Purcell, Assistant Planner
City of San Diego City of San Diego
I Water and Wastewater Facilities Division, Water and Wastewater Facilities Division
. ,
Engineering and Capital Projects Engineering and Capital Projects
600 "B" Street, Suite 800, MS908A 600 "B" Street, Suite 800, MS908A
I San Diego, CA 92101-4502 San Diego, CA 92101-4502
I Re: Pump Station 21-Draper Ave. Pavement Restoration
(THANK YOU!)
I Ladies and Gentlemen:
I I first started corresponding with Councilman Peters and/or members of his staff (i.e. Joe
Ross and Betsy Brennan) in June of2003.
I Through numerous letters addressed at various times to some or all of you, I mentioned
that although Draper A venue, in the vicinity of my 657 Gravilla Place Property, it was not within
the scope ofTC Construction's Pump Station 21 Project, the City had designated that portion of
I Draper A venue as an equipment and material staging area for TC Construction.
, Based on my personal observations, on an almost daily basis,. TC Construction Personnel
I did their very best to maintain a neat and orderly equipment and material staging area, but I
became concerned about the condition of the street because TC's heavy equipment was rubbling
I
'5-I'jLf
I
- --"_..._....._._._---~---_._-~...,_._----
The Hon. Scott Peters
Mr. Greg Gibbs
Kevin D. Estrada
Anh Nguyen
Clemens Wassenberg
Carrie Purcell, Assistant Planner
May 23, 2004
Page 2
the pavement. In my several letters I didn't fault TC for the pavement damage, because it had no
place else to stage it's equipment and materials; but it seemed to me that TC's Contract should
have contained a specific line item or a contingency allowance for restoration of off-site
incidental pavement damage.
On several different occasions I met with several City Staff Members to discuss the
problem and a proposed solution. On November 2611>, Mr. Greg Gibbs, ofTC Construction, .and
Kevin D. Estrada, from the City of San Diego, met with me and agreed upon a Draper Avenue
restoration plan which would involve saw cutting and removing damaged pavement, laying new
base, installing new pavement and slurry sealing the entire portion of Draper Avenue that had
been the subject ofTC Construction's equipment traffic. Incidental to that, Mr. Gibbs and Mr.
Estrada both said that they would try to make arrangements for the installation of a much needed
curb, to hold back eroding soil encroaching on the street fÌ'om the bank separating Draper Avenue
from the La Jolla Bi.1œ Path.
I was pleased when the above-referenced street restoration work commenced several
weeks ago, and as of today I am very pleased to note that everything that was promised by
Messrs. Gibbs and Estrada has been done to my complete satisfaction.
I know that I speak for several of my close neighbors, when I say that we all thank all of
vou for your involvement in restoring the affected area of Draper Avenue to its "better than ever
before" condition.
.'
¡
~~7f1?4/
JPO:cmh
, Neighbors
cc:
C:\jay\Jay\SIopo:SLabiliwion\Tb3nk You lOJ.wpd
5-/35
------
~-_._-- ""
San Diego Transit ~
~
An Operator In the Metropolitan Trans't System "'o
100 16th Street
P.O. Box 122511 . ',.:;:\'¿L8/i,;.>...
San Diego, CA 92112-2511
(619) 238-0100 ~ -"D\ ,
FAX (619) 696-8159 'i· .11,% )
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September 11,2003
Mr. Terry Cameron
President and CEO TC Construction
10540 Prospect Ave.
Santee, CA 92071-4529
Dear Mr. Cameron,
I wanted to take a moment to let you know that for the past severa] months I've been
coordinating public transportation efforts relative to the construction work being done on
La Jolla Blvd. particularly in the area of Tourmaline and Turquoise Streets. I know one
.~ thing for sure, had it not been for the constant pro-activ~communicative efforts from
Superintendent Greg Gibbs of your company the customers that San Diego Transit (SDT)
serves in the area surely would have been severely impacted. Greg has been the
consummate communicator, has demonstrated a "customer first focus", and has gone
above and beyond the caIl of duty looking for innovative way to continually minimize the
impact to SDT and our customers. Every time the footprint of his job would move I
would get a call informing me of the new work area and an offer to do whatever was
necessary to help us maintain service. He has opened traffic delineator cones for ingress
and egress to bus stops not directly impacted by his work. This speaks volumes to his
pro-active professional work ethics; aJways attempting to be a good neighbor during this
very cumbersome job that he has undertaken.
It is my sincere desire that you thank Greg on our behalf for his effort to go the extra
mile, and if you think appropriate place a copy of this letter in his personnel file,
/
/
/'7 '-.;
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,-,-
,"
~ rianJones
Route Facilities Coordinator.
,
Cc Ralph C Adamos
5 -/3"
_ _._..__ ,'._,..."'___m..__O.__ .___.....__ ___..
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CrN OF
CHULA VISfA
,
December 9, 2002
File No. SW-2l9
Phase 1
Mr. Terry Cameron
T.C. Construction Company
10510 Prospect Avenue
Santee" California 92071-4591
SALT CREEK SEWER INTERCEPTOR, PHASE I
) 0
I would like to take this opportunity to express our appreciation to you and your staff for T. C.
Construction's high quality of work and excellent cooperation in completing Phase I of the Salt
Creek Interceptor Sewer Project. This project was very challenging due to its overall size and the
requirement to closely coordinate the sewer's construction with the reconstruction of the roadway
pavement between Broadway and Interstate 805, while minimizing inconvenience to the' traveling .
public and to adjacent businesses and residents.
All goals of the project were met and it was a pleasure working with all of your staff, particularly
Jeff Shaw, who was exceptionally responsive to our needs and the needs of the community. Mr.
Shaw was also instrumental in "value engineering" changes that were deemed necessary during the
course of construction. We also appreciate the outstanding job of contract management by Wes
Wise, Gene Brokaw, and yourself. Please extend our sincere appreciation for the professional
manner in which all of your staff performed their work on this project. The excellent quality of the
completed sewer is indicative of their dedication to this project and an excellent reflection of your
company's high standards.
We look forward to working with T,C. Construction on future projects.
.1<'/ ? / --::,
,__.~ f,/~_
Kirk P. Ammerman
Senior Civil Engineer
'1: . L~~_~Lo
alani Camacho
Public Works Inspector II
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- ___.______.__.M._.___._..,__.__.
THE CITY OF SAN DIEGO
,
October 22, 2002 ì
í
TC Construction Company, Inc.
10540 Prospect Avenue
Santee, CA 92071
Attn: Wesley Wise
RE: American Public Works Association October Roundtable Presentation
SUBJECT: NOISE POLLUTION
Dear Wes,
it I would like to thank you for all your hard work involving the recent presentation for the
.~
American Public Works Association October Roundtable. You provided the important
equipment and noise data that helped make it a success. In addition, your insight to
the issues while co-presenting the material was a valuable contribution that allowed the
forum to be pertinent and practical.
I would also like to thank you for the team work in the prevention in NOISE
POLLUTION on the Ardath Project. It was a lot of research and work to modify
equipment, etc. and I was pleased with the effort and the results. All the problems may
not be resolved, but certainly you have made tremendous efforts that are appreciated.
Thank you again for your participation and contribution to the aforementioned event.
Sincerely,
tj;!~~
Park Planning Deputy Director
, Park and Recreation Department
,
.. 0-1 ?<i
. ".
-1. ,..... . Public Works. Engineering and Capitol Projects
~. ~
¥ ¥ field Engineering. 9481 Aero Dnve· Ion Diego, CA 92123
DIVERSITY @
.""""''''=.,,,.. ¡el (619) 627·3200 fox (619) 627·3297
---- _ --------- .- ,...-- ._.~- -'--"'-'-"~----
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~-;~-
CITY OF CO¡::!ONADO
ENGINEERING & PROaJECT DEVELOPMENT .' ,
,.)~
. ,..~.,/
....~ .-."....~'i-
1395 FIRST STREET TEL. (619) 522·7363 \ ' .
CORONADO, CA 92116·1502 FAX. (619) 522-0405 ~ V
November 4, 1998
Mr. Terry Cameron
President
I T.C. Construction Co., Inc.
10510 Prospect Avenue
Santee, California 92071
Subj: Escondido Lane Sewer Main Replacement and Alley Improvements
Contract No. 98-CO-ES-178
Dear Mr. Cameron:
I
i The City has performed a fInal inspection of the above subject project. There were no .
I outstanding issues noted during the inspection. It is my intention to recommend to the
I
i City Council, at its meeting on November 17, 1998, that a Notice of Completion be
I fIled with the County of San Diego for the project. . The filing- of the Notice of
I
I Completion will begin the 30-day retention period.
I
¡ I would like to take this opportunity to commend T. C. Construction, Inc., specifically
!
i· the crew assigned to this project led by Jim Holt, for a job well done. As you know,
! this was a difficult project due to the depth of excavation, the restricted working area,
! and thec10se scrutiny of the area residents. Your men responded to all the challenges
I in an exemplary fashian ~,.,rl were very courteous aIið helpful to tJ:¡e œsiðents. The fact
I
! that there are no items to place on a project "punch1ist" attests to this fact.
i
,
I
I We look forward to working with T.C. Construction, Inc. on future projects. You can
I
! rely on the City of Coronado for a favorable reference.
!
I·
i
;
i
; Sincerely,
- .... ...,....
Thomas R. O'Toole
Director, Engineering and Project Development
,
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i -G) Sl! of Carlsbad
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I
,
!
Mr. Terry W. Cameron
T.C. CONSTRUCTION
10510 Prospect Ave. .
Santee, CA 92071
I PO 411 POINSETTIA SEWAGE LIFT STATION
Dear Mr. Cameron:
The City would like to express their appreciation for a job well done on the
Poinsettia Sewage Lift Station Project. The project was done in a very
professional, proper, and timely manner. If it were not for rain delays, the project
may have been completed in early May.
As ofthis date, the pump station has operated without any major problemswhich
further demonstrates the high quality of work done by you, your staff, and the
subcontractors who worked on this project.
Again, thank you and congratulations on a job well done.
Sincerely,
IJ .
./ -
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(/' .... .' -' '---",
RiCHARD/E. CÒOK
Principal Construction Inspector
REC:kmf
. cc: Continental Homes
District Engineer, CMWD
Project Inspector, William Lopez
File
,
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2075 Las Palmas j-)r. .. Carlsb;:jcL ~A Q?nnO_1 r:::..7I=:. ... /7t:::.('\\ 0'1':>0 -t ..COO _ =,........, ru~""'\ .....-;).... <=:"""7"..... J:i:..
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EXHIBIT 2
Design Build Fee Structure
0-1'+ I
J:\Engineer\DESIGN\Sw226\Sw226 DesignBuild Agreement.doc II
-------,-_..~-,-------_.._- -----..._--~
Poggi Canyon Trunk Sewer
T.e. Construction Company, Inc.
10540 Prospect Ave. Santee, CA 92071 ,
(619) 448-4560 Fax (619) 448-3341
Contact: Wes Wise
Position: Vice President of Business Development
Ed: 121
Contact: Greg Tscherch, P.E, Plans Dated:
COIDDanv: 1800 Maxwell Road Sheet: RFP Package
Address: Chula Vista, Ca. 91911
AnDroved:
Phone: 619-397-6105 Addenda:
Fax: 619-397-6250
Date: 11 -3-04 ~oÐ
REVISED 11-3-04
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
Potholing for Design Phase 1.00 LS 10,000.000 10,000.00
TCC Project Management for Design Phase 1.00 LS 35,000.000 35,000.00
Land Surveying 1.00 LS 13,200.000 13,200.00
Civil Design 1.00 LS 37,700,000 37,700.00
Geotechnical 1.00 LS 28,500,000 28,500.00
Tunnel Design 1.00 LS 17,000,000 17,000.00
Agency Coordination 1.00 LS 6,500,000 6,500.00
SUBTOTAL PHASE ONE SERVICES $147,900.00
Install & Backfill Jacking Pit 1.00 EA 8,717.000 8,717,00
Install & Backfill Receiving Pit 1.00 EA 25,105,000 25,105,00
Install & Remove Thrust Wall 1.00 LS 7,500,000 7,500.00
Bore & Jack 42" Casing wi 27" PVC SDR 35 500.00 LF 725.000 362,500,00
27" PVC SDR 35 Open Cut 105.00 LF 216.000 22,680.00
8" PVC SDR 35 Open Cut 15.00 LF 151.000 2,265.00
8' Diameter Pre-Cast Manhole wi T -Lock & Zebron 1.00 EA 6,685,000 6,685.00
Manhole S-2 wi T-Lock and Zebron Coating 3.00 EA 6,185.000 18,555.00
Zebron Coat Existing Manhole 1.00 EA 2,100.000 2,100.00
Slurry Fill Existing 18" VCP Sewer Main 620.00 LF 11.600 7,192.00
Ab.ndon Existing Manhole 1.00 EA 2,200.000 2,200.00
Replace Existing 18" CMP Stonn Drain 40,00 LF 47.250 1,890.00
Replace Existing Paving at Jacking Pit 16.00 TON 118,000 1,888.00
Sewer Bypass for Manhole One 1.00 LS 11,740.000 ] 1,740.00
Replace Landscaping 1.00 LS 5,000.000 5,000.00
Remove & Replace Fencing at Melrose Property 1.00 LS 750.000 750.00
Traffic Control 1.00 LS 2,200.000 2,200.00
6-/l12- Page 1 of2
- ------....,.,---~_._, ,_._...._.._-_._--".,---~
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
RepJace AsphaJt on MeJrose 10.00 TON 138.000 1,380.00
Replace Curb & Gutter 20.00 LF 29.000 580,00
Replace Sidewalk 100.00 SF 6,000 600.00
Resident Engineer 1.00 LS 26,250.000 26,250.00
Tunnel Inspection 1.00 LS 26,250.000 26,250.00
Survey Staking 1.00 LS 12,600,000 12,600,00
SUBTOTAL PRELIMANARY COST OF $556,627.00
CONSTRUCfION
General Conditions 5.00 MON 33,850.000 169,250.00
SUBTOTAL GENERAL CONDmONS $169,250.00
Management Fee: 15% ofPrelimanary Const. Cost 1.00 LS 83,500.000 83,500.00
TOTAL $957,277.00
GRAND TOTAL $957,277.00
NOTES:
"TillS PROPOSAL IS A REVISED BREAKOUT OF COSTS PER CITY OF CHULA VISTA'S REQUEST
I. With some minor adjustments to MH #1 we should be able to eliminate a large portion of the sewer bypass money,
2, The bore and jack price is figured on using 3/4" thick steel casing wi a grade of A36 class "B" import or domestic plate,
typical straight seam rolled and welded, and will not conform to A WW A-C200 water pipe spec. There would be a price
Teduction if a decrease in casing wall thicmess could be obtained.
3. The bore and j ack quotation is based on good boring conditiollB with a maximum cobble size of25% of the casing diameter,
cobble presence not to exceed 50% of the LF bored and 25% of the excavated volume. Soil to be non-cemented and
non-flowing.
4. Dewatering or Rock breaking is excluded
5. Handling of hazardous material is excluded
6. Prevailing wages are excluded
Wt.\ tJJ~
1'·~·O'i
5-/43 Page 2 012
. ---_.._----_._~.. ....-._~._.. -------~~~_.__._~-
GENERAL CONDITION WORKSHEET
I DESCRIPTION QTY UNIT UNIT COST I
Temporarv Services
Toilet (1 ea) 1 month $125.00
Tool Trailer Including Small Tools 1 month $675.00
40 cy Dumpster (Including dump fees) 1 ea $825.00
Temporary Power Drop 1 ea $3,600.00
Monthly Electric Bill 1 month $250.00
Temoorary Water 1 month $800,00
Security Guard 1 hour $20,00
Project Site Office
Temp Office Mob & Demob 1 ea $750.00
Temp Office Rental 1 month $425.00
Office Eauipment 1 month $360.00
Office Supplies 1 month $75.00
I Telephone & Radio Services 1 month $300.00
Pre Construction Video 1 ea $2,500.00
Post Construction Video 1 ea $2,500,00
Proiect Personnel
Proiect Manager wI Truck 1 hour $88.00
General Superintendent (Construction Manager) wI Truck 1 hour $83.00
Jobsite Superintendent wI Truck 1 hour $76,00
Project Administration & Accounting 10% of Total Price
6 -14-4
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EXHIBIT 3
Identification of Design Build Team Members
6~/L{6
J:\Engineer\DESIGN\Sw226\Sw226 DesignBuild Agreement.doc III
_'_'__. .__..._m.__
DESIGN BUILD TEAM MEMBERS
T.C. Construction COmDany, Inc.
Team Project Manager - Mr. Wes Wise
Construction Manager - Mr. Derek Franken
QAlQC Officer - Mr. Steve Coker
Project Scheduler - Mr. Alex McClymont
Superintendent - Mr. Jeff Shaw
Procurement - Mr. Wayne Alldredge
Safety Officer - Mr. James P. Jonas
Hirsch & COmDany
Design Manager - Mr. John Harris, P.E.
Lead Designer- Mr. Cecil Rehr, P.E.
Lead Surveyor - Mr. Jaime Taynor, P.L.S.
Quality Control- Mr. Mike Slawson, P.E.
Resident Engineer - Mr. Wayne Papac
Haley & Aldrich
Tunnel Lead Designer - Mr. Steve Fitzwilliams, G.E.
Tunnel Field Engineer - Mr. Kurt Sanders
6 ~ ILffÓ
J:IEngineerIDESIGNISw226\Sw226 DESIGN BUILD TEAM MEMBERS.doc
.----.-----------...---..----- .----...--------.-.---.------
(~!~.- ~
(~ ~
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""""'"""'" ""'"
CllY OF
CHUlA VISfA
MEMORANDUM
OFFICE OF THE CITY CLERK
November 16, 2004
TO:
Honorable Mayor and Members of the City Council
Susan BigeIO~MC, City Clerk
FROM:
RE:
Agenda Item #6
Pending Council actions regarding the possible fonnation ofthe Urban Development Corporation
and appointments to a UDC Board, I would like to remove Item #6 from tonight's agenda. I plan to
bring it back early next calendar year once these decisions have been made. Thank you for your
consideration.
COUNCIL AGENDA STATEMENT ITEM: ~
MEETING DATE: 11/16/04
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED
SENIOR DEPUTY CITY CLERK POSITION TO THE CITY CLERK'S
OFFICE AND APPROPRIATING FUNDS THEREFOR
SUBMITTED BY: Susan BigelO~ MMC, City Clerk
Adoption of the resolution authorizes the addition of a Senior Deputy City Clerk position in
order to allow the City Clerk's Office to successfully carry out its current and long-term work
programs and goals and appropriates funds therefor.
RECOMMENDATION: Council adopt the resolution, which authorizes the addition of one
unclassified Senior Deputy City Clerk position and appropriates $72,517 to the personnel
category from the available balance of the General Fund and $18,129 in Redevelopment Agency
reimbursements to the City Clerk's operating budget for fiscal year 2005.
4/5THS VOTE REQUIRED: ¡;t(Yes DNo
DISCUSSION:
The rapid development of the City, as well as growth in the City organization and increased
services provided by the City Clerk's Office, have significantly increased the workload of the
department.
The City Clerk's Office currently has 7.5 staff members, and additional staffing has been needed
for several years. In March 2000, the City Clerk submitted a status report to the City Council
noting the need to add two positions to bring the total number of staff from 6 to 8. The two
positions were added at that time. The report also indicated that at least one additional position
would be requested in FY 2001/02. Subsequently, the department lost a portion of a position
when funds in. the records management capital improvement project were depleted, there were
concerns about the downturn in the economy and the possibility of losing additional revenues to
the state, and a Citywide hiring freeze was implemented. Consequently, additional staff were
never requested.
Staff has now reached a point where current services are being maintained, but we are no longer
moving forward with major projects and programs. Much of the workload of the office is
generated by or responsive to other departments, which have grown since the hiring freeze was
lifted and since City Clerk staffing was last evaluated. In addition, we have been asked to
assume the entire agenda process for the Redevelopment Agency and to provide assistance in
organizing and preserving RDA records (see attachment 1). Discussions are also underway
about potentially substantial effects the proposed 501 C3 organization may have on the City
Clerk's Office.
A recent survey of California City Clerks was performed: to determine scope of services offered
and staffing levels. It was determined that services offered by the City Clerk's Office vary
greatly from city to city. It was also apparent that the number of staff cannot be tied specifically
to population. However, very few larger cities offer the comprehensive records management and
document imaging services that we provide to all departments. The following chart shows some
cities that do, along with their staffing levels:
6-1
.,. .-.._--------,..-,.~_....-
City PmJUlation # Staff Comments
· Irvine 183,000 17.00
Pasadena 142,202 15.35 8 ill Official Records Division, 4 ill Records
Management Division, 3.35 in mailroom
Berkelev 103,000 12.00 Down from 15 due to budget cuts
Thousand Oaks 120,000 10.00
Torrance 144,415 9.00 Does "some" ima!!În!!
Oceanside 169,805 9.00
Carlsbad 90,271 8.00 No storage, retrieval or destruction
Escondido 138,015 8.00
· The proposal at this time is to add a Senior Deputy City Clerk position. This would enable the
department to assume the Redevelopment Agency agenda process and records oversight, both of
which are major, additional undertakings. (The Council agenda process alone requires the
equivalent of between 1.2 and 1.5 positimis.) It would also allow the office to maintain current
services and high standards of productivity and efficiency; make progress in major programs;
perform our daily duties more efficiently; tackle major projects that need attention; and address
citywide needs, as well of those of the department, not currently being met, such as:
· Revitalizing the records management program and preparing a citywide update of
records retention schedules.
· Preparing standardized procedures for the document imaging program.
· · Preparing a manual and training for Board and Commission secretaries.
· Implementing the new Agenda Manager software, completing the Agenda Process
Manual and providing citywide training.
· Exploring and implementing new technologies for more efficient operations.
· Preparing a detailed City Clerk procedures manual for current and future staff.
· Exploring the possibility of new services, such as passports, to increase services
to our customers and perhaps generate revenue.
The Senior Deputy City Clerk would absorb some of the duties now performed by other City
Clerk staff in order to allow them to return to their primary functions and reduce extra-heavy
· workloads. The Senior Deputy City Clerk would also assume current, key responsibilities of the
City Clerk and Assistant City Clerk to give them the ability to focus on long-term needs of the
department and City. Among other duties, the person in the new position would:
· Serve as filing/review officer for campaign and conflict of interest statements.
· Assist in election-related duties and preparing candidate materials
· Review and edit Council, Redevelopment Agency, Housing Authority and Public
Financing Authority minutes, resolutions and ordinances to ensure accuracy.
· Assist in establishing and overseeing the passport services program, should it be
implemented in the future.
· Assist with additional workload created by assumption of the Redevelopment
· Agency agenda process and records oversight.
· Assist with special proj ects as assigned.
Due to the proposed scope and complexity of duties to be performed by the new Senior Deputy
City Clerk, it is critical that the person selected for the position have extensive City Clerk
experience and be familiar with current legal requirements with respect to elections, campaign
finance reform, statements of economic interests, and public records.
6-2
City Charter Section 500(a) states that "the City Clerk may...appoint Assistant or Deputy City
Clerks as may be authorized by the Council subj ect to the approval of the Council who shall be
in the Unclassified Service." Based upon current and projected workloads, it is recommended
that the City Clerk's Office add one middle management, unclassified Senior Deputy City Clerk
position with an E step salary of $82,500, which is approximately 20% below the Assistant City
Clerk position. This position would be partially funded by the Redevelopment Agency, which
now contributes to the City Clerk's budget for attending and preparing minutes for
Redevelopment Agency meetings.
The City Manager and all City Clerk staff support this request.
fiSCAL IMPACT:
The net fiscal impact in fiscal year 2005 will be $54,388 to the General Fund and $18,129 to the
Redevelopment Agency. The ongoing fiscal impact will be $91,916 to the General Fund and
$30,638 to the Redevelopment Agency. If at any time tax increment revenues are insufficient to
fund this position, the impact to the General Fund will be $72,517 in fiscal year 2005 and
$122,554 on an ongoing basis. Since ongoing general fund resources have not yet been
identified to fund this ongoing expense, approval of this action may require offsetting budget
reductions in future years.
Attachment 1: Memo from Community Development Department
6-3
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COMMUNITY DEVELOPMENT DEPARTMENT
Memo
November 11, 2004 . ~
= -~-~
FROM: Laurie Madigan, Di
Community Develop' nt Department
VIA: George Krempl, Assistant City Manager
SUB.JECT: Request Redevelopment Agency Agenda Preparation and Standardization Assistance
As you are aware, the Community Development Department staff is working hard to streamline
and improve the department's processes. One of the areas we have been looking at is the
preparation and distribution of the Redevelopment Agency (RDA) agenda. After much internal
discussion, I believe that transferring the RDA agenda preparation to the City Clerk's department
would reduce redundancy, increase efficient use of staff, and provide a seamless preparation and
distribution process. The transfer, I believe, would benefit both departments by standardizing
and streamlining the City's overall agenda processes. Our department could be ready to make a
transition as early as November 2004.
This requested change would add to your department's workload and the Community
Development Department is prepared to increase its annual contribution to the Clerk's office to
offset resulting additional costs incurred by your office. If this is acceptable to you, I will
coordinate with the Office of Budget and Analysis and the Finance department to arrange
transfer of a mutually agreed upon amount of funds.
Your continuing support in guiding and advising our department to improve our record keeping
standards and processes is greatly appreciated. My staff and I look forward to continuing
cooperation between our departments as we all strive to provide the highest quality of public
support to the citizens of the City ofChula Vista.
Cc: Dave D. Rowlands, Jr.
6-4
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RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ADDITION OF ONE
UNCLASSIFIED SENIOR DEPUTY CITY CLERK POSITION
TO THE CITY CLERK'S OFFICE AND APPROPRIATING
FUNDS THEREFOR
WHEREAS, the rapid development of Chula Vista and growth in the City organization,
as well as increased services provided by the department, have significantly increased the
workload of the City Clerk's Office; and
WHEREAS, the addition of an unclassified, at-will, mid-management position of Senior
Deputy City Clerk will enable the department to maintain current services and the department's
high standards of productivity and efficiency; progress in major programs, undertake major
projects and additional services, and address citywide needs, as well of those of the department,
not currently being met.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize
the addition of a Senior Deputy City Clerk position to the City Clerk's Office and appropriates
$72,517 to the personnel category from the available balance of the General Fund and $18,129 in
Redevelopg:~nt Agency reimbursements to the City Clerk's operating budget for fiscal year
2005.
Presented by: Approved as to form by:
Ûv~
Susan Bigelow, MMC, City Clerk Ann Moore, City Attorney
6-5
_'U ..._....._..._ _____.~.__ _ .____.__ ".______
COUNCIL AGENDA STATEMENT
ITEM 7
MEETING DATE November 16. 2004
ITEM TITLE: Resolution Renaming Friendship Park to Will T. Hyde Friendship
Park
SUBMITTED BY: A."i",,,,,' Ci~ M="" P7
Public Works Director Byert
REVIEWED BY: City Manager<9(¿'Of\! (4/5ths Vote: Yes No K-J
-It' \ -
In January 2004, former Mayor and long time activist Will T. Hyde passed away. In mid-2004, the
City Council formed a committee, which includes Vice-Mayor Salas and Council member McCann,
to establish a fitting memorial to Mr. Hyde. After a number of months of discussion the committee
has decided to ask the City to change the name of Friendship Park to Will 1. Hyde Friendship Park.
RECOMMENDATION: That the City Council adopt the resolution renaming Friendship Park
to Will T. Hyde Friendship Park
BOARD/COMMISSION RECOMMENDATION: At their meeting of October 21,2004, the
Parks and Recreation Commission voted to support the recommendation renaming Friendship Park
to Will T. Hyde Friendship Park (Attachment "A").
DISCUSSION:
The committee and staff are recommending renaming Friendship Park to Will T. Hyde Friendship
Park as a fitting memorial to the former mayor. Renaming the park in Mr. Hyde's memory
recognizes his interest in the environment, his civic activism, his love of community, and his
leadership in saving Friendship Park from development in 2002. With the renaming of the park a
new sign will be installed.
FISCAL IMP ACT: The estimated $3,000 cost ofthe new park sign will be paid for by current
fiscal year appropriated funds.
7-1
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City of Chula Vista
Parks and Recreation Commission
Minutes
Thursday - 6:30 p.m. October 21, 2004
Public Works Operations Lunch Room 1800 Maxwell Road
Meeting called to order by Vice·Choir, Larry Peronidi at 6:31
Statf Present: Buck Martin. Director of Recreation
Dave Byers, Director of Public Works Opeìratlpn$·
ShaVnqS!okes, Msistçmt Recrea.tioAo Director
Robert Beaman, Principal Management Analyst
Ed Hall, Principal Recreation Manqger
Tom Class, Parks Mdnager .. ... ....
Margarita Cellano, Recording Secrefdry
Guests: Sandy Duncan. Crossroads II
Susan Watry, Crossroads II
Brian Jackson, American Golf
1. Roll Call/Motion to Excuse
Members Present: Commissioner Ramos. Perondi. Rios, Cien-Mayer, Weidner (arrived
at 6:39p.m.)
Members Absent: Chair Salcido
MSC (Rios/Ramos Vote 4-0-0-1 to excuse Chair Salcido from tonight's meeting
2. Action Items
a. Approval of Minutes of August 19, 2004 - Table to \ ,ovember meeting.
b. Renaming Friendship Park after Former Mayor Will T. Hyde - (MSC Perondi/Ramos
Vote 4-0-1-1 with SalcidQ absenL.lmd Weidner late to accept Renaming
Friendship Park after Former Mayor Will T. Hyde and name it Will T. Hyde Friendship
Park).
Vice-Chair Perondi informed the Commission that Mayor Will 1. Hyde was a great
person, a great citizen of Chula Vista. a great educator; and this venture would
be a great honor to Will Hyde.
Ms. Sandy Duncan of Chula Vista spoke briefly about former Mayor Will T. Hyde.
She informed the Commission that he was a founding member of the first
Crossroads Organization. a long. time civic activist in Chula Vista, he also provided
his leadership that helped save Friendship Park from development. and he also
gathered 4,000 signatures to oppose elimination of the parkland, where the new
police department was being contemplated.
A Memorial Service was held!Qr Will Hyde at Friendship Park. Shortly thereafter,
CounciJmember Mary Salas suggested that. a memorial be placed at this park in
remembrance of him, and a e::.OrnrrliHee(The Will Hyde Memorial Committee was
formed). Ms. Duncan also stated that it is fitting that a park be named in honor of
Will Hyde because he loved nature, the outdoors. and he was dedicated to
preserving parkland and open space for the citizens of Chula Vista. He was also
a patriot serving in the military for 23 years. a schoolteacher at Sweetwater High
School and served the Chula Vista Community in many ways. He started out as a
Planning Commissioner in the 1960s, City Council and Mayor in 1970s, and helped
7-2
C:\Documentsand Settings\MoriyaA\Local Settings\Temporory Intemet Files\OlK4\PRC MInutes or 10 21 Q4.doc Prepared 6(16;04
. -.-.-.-----.-------.'.-.
Parks and Recreation Commission
October 2 ¡ , 2004 Page 2
· make Chuia Vista Library a reality. and fought to keep Friendship Park from being
eliminated to make way for the new Police Station.
A quote from Greg Cox. Sah Diego County Supervisor, who served on the Council
with Will Hyde in the late 1970s, "Will was a tremendously talented man whose
heart and soul focused on making Chula Vista a better place to live. He truly
believed that people should get involved in the community; Even after he left as
Mayor he was still actively involved in Chula Vista. untilthedåy he died."
Ms. Duncan also went on to say that Will loved<hi$community and loved
Friendship Park. and stated that it would be apP~9þfÌ6te that Friendship Park be
renamed Will T HYdéFri.endship Park, andlhat a monument be placed
· commemorating Will Hyde to honor him.
Discussion held on placing å commemorative monument in Friendship Park.
c. Consideration of Chula Vista Golt Course Greens Fee Increase by American Golf
Corporation -
Mr. Dave Byers [Director of PublIc Works) informed the Commission that Shauna
Stokes, Assistant Recreation Director, Tom Class. Parks Manager. and Bob
Beaman, Principal Management Analyst conducted an analysis of the request
submitted by American Golf (AG). Comparisons were made to other
· comparable golf courses, fees, amenities, maintenance levels. staff, to ensure
courses were compatible.
Mr. Byers informed the Commission that abotJt thr.ee months ago, AG increased
their maintenance level from "Bronze" to "Silver". Staff determined in their
analysis that in order for the City to recommend a fee increase. that this
increased maintenance levei was appropriate. Mr. Byers also stated that when
he goes to Council, he would also be adding an' amendment to the lease that
will formally adopt the Silver standard as a maintenance level for the golf course.
He also informed the Commissioh that he felt it important for everyone to
remember that the lease ogreement names AG as the operator of the golf
· course. They are responsible for the day-to-day operations of the golf course.
The only involvement that the City has under the lease is to ensure that they [AG]
are complying with the maintenance standards that were set forth within the
lease. This way the maioteooncestandards will be written down, and there won't
be any confusion. and this is a win-win for everyone. AG has done a great job
over the last couple of years. They added $1.3-1.5 into the goif course, with the
addition of a new irrigation system, new pumps. and new heads will be installed
for better coverage. The Club House [Restaurant/Banquet Facility) was also
renovated recently at a cost of $500K. They have committed to continue to
maintain the golf course at the Silver standard.
In addition Mr. Byers stated that it is staff's recommendation that the Commission
· accept the report with the recommendatiordo the City Council that the Council
approve the Fee Increase.
Commissioner Weidner asked about if input was received from the Woman's and
Men's Club with regards to the Fee Increase.
Mr. Brian Jackson, Regional Manager for American Golf Course responded that a
letters from past presidents of the Clubs were received in support of this venture.
A meeting was aiso held with them informing them of the Fee Increases.
Vice-Chair Perondi asked if noti1esaor information sent to the golfers?
·
RESOLUTION NO. 2004-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RENAMING FRIENDSHIP PARK TO WILL
T. HYDE FRIENDSHIP PARK
WHEREAS, January 2004, former Mayor and long time activist Will T. Hyde
passed away; and
WHEREAS, in Mid 2004, the City Council formed a committee, which includes
Vice-Mayor Salas and Councilmember McCann, to establish a fitting memorial to Mr. Hyde; and
WHEREAS, the committee has decided to ask the City to change the name of
Friendship Park to Will T. Hyde Friendship Park; and
WHEREAS, renaming the park in Mr. Hyde's memory recognizes his interest in
the environment, his civic activism, his love of community and is leadership in saving Friendship
Park from development in 2002.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve renaming Friendship Park to Will T. Hyde Friendship Park.
Presented by Approved as to form by
David Palmer ~x~ \\\')'Î~C'\\\ ~ (
Ann Moore
Assistant City Manager City Attorney
J:Attomey\Reso\park\Park Will T. Hyde
7-4
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COUNCIL AGENDA STATEMENT
Item: ~.
Meeting Date: November 16. 2004
ITEM TITLE: Resolution Approving the expansion of the scope of
the Office of Cultural Arts and appropriating funds fr0l!l the available
balance of the General Fund for the creation of a Cultural Arts Master
Plan and enhancement funds for Chula Vista's Taste of the Arts
Festival.
SUBMITTED BY: Assistant City Manager/Library Director ~
REVIEWED BY: City ManagerJ~1'" (4/5ths Vote: YES -L NO ~
Arts and culture are an integral part of the cultural, economic and aesthetic environment of the
Chula Vista community, and should be promoted and coordinated by the City in a manner that
creates a favorable image, climate for artistic development and cultural awareness. A commitment
to further develop arts and culture facilities, programs, and activities will enrich the quality of life
for all residents, businesses, and visitors. It will also encourage and facilitate accelerated economic
development in the community.
STAFF RECOMMENDATION: That Council adopt the resolution approving the expansion of
the scope of the Office of Cultural Arts and re-classification of existing Funds
Development/Strategic Plan Manager position to Cultural Arts and Fund Development Manager and
transferring said position into the Cultural Arts division (18710) and amending the supplies and
services budget by $125,000 of the Library Department for the creation of a Cultural Arts Master
Plan in the amount of $75,000 and an enhancement in the amount of $50,000 for Chula Vista's
Taste of the Arts Festival.
BOARD/COMMISSION RECOMMENDATION: At their meeting of October 11, 2004, the
Cultural Arts Commission voted to recommend the expansion of the scope of the Office ofCulturaI
Arts. (ATTACHMENT A)
DISCUSSION:
It is generally recognized that arts and culture transforms lives and are an integral part of any
thriving community. The arts bring together diverse people, they are valued as a critical component
of learning for all children, they contribute to the creation of individual meaning, and they are
integral to civic dialogue and community building.
8-1
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·
Page 2, Item--.Í
Meeting Date: 11/16/04
In addition, the arts have an enormous economic impact.
"Cultural activities attract tourists and spur the creation of ancillary facilities such
as restaurants, hotels, and services needed to support them. Cultural facilities and
· events enhance property values, tax resources, and overall profitability for communities.
In doing so, the arts become a direct contributor to urban and rural revitalization."
National Governors Association
"The Role of the Arts in Economic Development." 2001
In 2003, the City of San Diego's Arts and Culture Commission estimated that the 82 non-profit arts
and culture organizations supported by the City contributed to cultural diversity, provided valuable
programming to schools and neighborhoods, and created more than 5,000 jobs. In addition, cultural
tourism contributed $210 million to the local economy.
·
Although the City of Chula Vista has had a one-person Office of Cultural Arts for the past five
years, there is only so much a single Cultural Arts Coordinator can accomplish. With the growth of
Chula Vista, the maturation of the master plan communities, the revitalization efforts on the west
side, and a strong endorsement of arts and cultural in the forthcoming General Plan Update, staff
believes that the time has come to greatly enhance this program.
Therefore, it is proposed that the Office of Cultural Arts grow from one to three people by
reassigning existing staff, that a Cultural Arts Master Plan is immediately undertaken, and that the
City's premier event, Chula Vista's Taste of the Arts, be greatly enhanced. These steps will go a
long way towards ensuring that arts and culture flourish in Chula Vista.
·
CULTURAL ARTS MASTER PLAN
A critical piece of this capacity-building process will be the development of an Arts Master Plan
over the next seven months. The Arts Master Plan will provide guidance and direction for the
integration of art and culture into the lives of all citizens of Chula Vista. The Arts Master Plan will
recognize the uniqueness and diversity of Chula Vista neighborhoods and recommend projects that
complement that diversity. In the end, the plan will define the future vision of the Arts in Chula
Vista.
·
The Arts Master Plan will also study the development, coordination and use of arts and culture
facilities, identify appropriate partnerships and collaborations, promote cultural opportunities, and
recommend and promote various funding methodologies for the arts.
A consultant will be hired that will assist staff with an assessment of existing arts and culture
programs, facilities, events and activities. They will compare and contrast other cities cultural
plans to Chula Vista's. They will conduct public forums and focus groups to gather information
relating to arts and culture in the community. A public steering committee will be created to
oversee the Arts Master Plan process
8-2
Page 3, Item~
Meeting Date: 11/16/04
The final Master Plan, will be completed by early summer 2005, and will provide an overview of
existing conditions and recommendations related to:
· Facilities and Venues
· Programming and Events
· Public Art, Community Development and Beautification
· Community Character and Quality of Life
· Education, Artist Development and Partnerships
· Economic Development
· Cultural and Ethnic Diversity
· City policies, procedures and ordinances related to arts and culture
· Funding (public and Private)
· Mobility, Accessibility and Transportation
· Youth Involvement
· Marketing, Advertising and Promotion
· Commitment to preserving and exhibiting local history
ENHANCEMENT OF CHULA VISTA'S TASTE OF THE ARTS FESTIVAL
Since 1987, the City of Chula Vista has been sponsoring the Taste of the Arts festival each spring.
Last spring the festival was retooled. Improvements included moving it to Bayside Park,
incorporating featured artists and adding a performance by the San Diego Symphony Orchestra.
As a result of the success of the 2004 event, the City Council asked staff (during the FY 04/05
budget hearings) to return to Council with a plan to ensure that Taste of the Arts becomes Chula
Vista's signature event.
In response to this request, staff has renamed the event Chula Vista's Taste of the Arts and moved
the event from its traditional April date to May 15, 2005. Chula Vista's Taste of the Arts will
continue to be held in Bayside Park. The all-day celebration of local arts and culture will feature
three stages of continuous musical entertainment, headlined by the San Diego Symphony; both a
children's and an adult interactive art zones; visual art exhibitions; artist vendors; food vendors; and
leading local, regional, and state artists demonstrating their crafts. New additions in 2005 include a
high-school show band competition and an "Art of the Written Word" pavilion.
Last year, the event's total budget was $85,995, including $29,995 from the City. In addition to the
Port of San Diego's significant support ($30,000), businesses and organizations sponsored the event
with over $38,000 in cash underwriting and contributions of goods and services. The event also
receives revenue from booth rentals to vendors.
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· Page 4, Item ---..!£
Meeting Date: 11/16/04
In order to further enhance Chula Vista's Taste of the Arts, staff recommends that the City's
contribution be increased by $50,000. With these funds, the Office of Cultural Arts proposes to add
the following growth elements:
~ Increased Marketing Outreach $23,580
This money will be spent on new street banners, a direct mail campaign, additional
· newspaper advertisements and other efforts to raise awareness of the event within the
community.
~ Physical Enhancements $ 6,920
Additional wind barriers will be added to the site for the comfort of both visitors and
vendors and the main stage will be enlarged.
~ Additional Artists/Enhanced Entertainment $19,500
· A major popular act will be added to the afternoon's schedule of events following an
early afternoon performance by the symphony. This will provide an additional draw
and hopefully will keep the audience on site throughout the day. The number of
featured artists who will display and demonstrate their works of art will also be
doubled.
ENHANCEMENT OF THE OFFICE OF CULTURAL ARTS
In order to achieve this expanded emphasis on cultural arts within the City, it is recommended that
the existing Funds Development/Strategic Plan Manager and a Senior Management Assistant within
· the Office of Employee Development be reassigned to this program. They will work as a team
with the existing Cultural Arts Coordinator.
Over the last year, the Funds Development/Strategic Plan Manager and the Office of Budget and
Analysis worked together to develop long-term Mission and Vision Statements and Measurable
Strategic Objectives for each City department. The development of these statements and objectives
was a necessary precursor for future departmental strategic business plans.
Also, during the last six months the Weidner Consulting Group was retained by the City to conduct
a Strategic Business Plan process for the Fire Department that was successfully completed within a
short time frame.
·
Given the progress that's been made to date and the City's ability to utilize a consulting firm to act
quickly on three of the more time-sensitive critical areas prior to the next two-year budget cycle, the
City's Office of Budget and Analysis will now assume the lead role in coordinating future strategic
8-4
·
Page 5, Item ~
Meeting Date: 11/16/04
business planning efforts within the City. This shift in responsibilities for strategic planning
management allows for the position of Funds Development/Strategic Plan Manager, which already
supervises the City's Cultural Arts Coordinator, to dedicate more time to expanding the capacity of
the Office of Cultural Arts, while at the same time also coordinating fund raising endeavors for the
City's Community Service Departments (Library, Recreation and the Nature Center). As a result
of this reassignment, it is recommended that the position be reclassified to Cultural Arts and Fund
Development Manager.
This re-classification and additional staffing will allow for the Office of Cultural Arts to pursue and
achieve the following long-term goals for the City of Chula Vista:
1. Facilitate opportunities for the active participation of all citizens in:
· Developing their creative skills
· Increasing their awareness of cultural traditions
· Deepening their appreciation for arts and culture
2. Develop increased public awareness of Chula Vista's arts and culture communities and
opportunities
3. Provide for and encourage the creation and installation of art in public places within the
City Of Chula Vista
4. Promote and/or co-promote with community partners the development of cultural and
artistic programs to satisfy the interests and needs of all Chula Vista citizens
5. Promote an environment wherein artists and cultural organizations can thrive
6. Foster quality, creativity and diversity in all forms of art and culture
7. Encourage intercultural understanding on a local, regional and international level
8. Develop a plan for the future role of the City in:
· Coordination and use of arts and cultural facilities
· Development of arts facilities/cultural arts center
· Arts education
· Partnerships and collaborations with public and private organizations
· Financial support of the arts, including "% for arts" ordinances and Transit and
Occupancy Tax captures
· Promotional opportunities and coordination
· Developing policies to encourage the private sector to include public art in private
developments
Specifically, the duties and responsibilities of each of the positions within the enhanced Office of
Cultural Arts will be as follows:
Cultural Arts Coordinator
~ Visual arts exhibitions
~ Public art advocacy, procurement, installation, maintenance
~ Arts advocacy information
~ Performing & Visual Arts Task Force (pV ATF) grants process coordination
~ Event performing and visual artists coordination
8-5
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Page 6, Item 'if
· Meeting Date: 11/16/04
Senior Management Assistant
~ Arts events overall detail coordination (Taste of the Arts Festival, Music in the Park Concert
Series, etc.)
~ Sponsorship support
~ ArtistsN endor contract coordination
~ Database management - artists, vendors, sponsors and grantees
~ Cultural Arts updates on the City OfChula Vista Website
·
Cultural Arts and Fund Development Manager:
~ Arts and culture policy recommendations and implementation
~ Arts Commission coordination
~ PV A TF meeting coordination
~ Serve as representative to other cities and arts coordinating entities
~ Arts facilities development
~ Supervision of the Chula Vista Arts Master Plan process
· Public Relations and marketing for the Office of Cultural Arts will continue to be done by the
Community Service's Departments' Community Relations Manager in collaboration with the
Department of Communications.
FISCAL IMPACT: There will be a one-time General Fund impact associated with this resolution
in the amount of $125,000 of which $50,000 is for Chula Vista's Taste of the Arts festival and
$75,000 for a Cultural Arts Master Plan. These funds will be appropriated into the Library's
department current year supplies and services budget. The Office of Cultural Arts is a division of
the Library Department.
·
8-6
DRAFT
City of Chula Vista
Cultural Arts Commission
October 11, 2004 Civic Center Branch Library
5:30 pm Library Conference Room 365 F Street
Staff Advisor: Ric Todd (619) 585-5627
1. Call to Order / Roll Call
Meeting called to order at 5:35PM by Commissioner McGlade substituting for Commissioner Redo
who was not present.
COMMISSIONERS PRESENT: Bob McGlade, Fran Cornell, Al Gore, Kerry Knowlton,
Gerald LaRussa, Diannah Smith, Todd Voorhees, Walter
Tubbs.
COMMISSIONERS ABSENT: Chris Redo
CITY STAFF PRESENT: Ric Todd, Roderick Reinhart, Anna Giuliano
2. Approval of meeting minutes:
Minutes of the September 13,2004 meeting were reviewed the following change was requested to
#7 Public Art Committee. . .
(Bullet #1):
. Current Membership: Fran Cornell, Bob McGlade, Bill Virchis, Penny & Dave Rossi, and
Melanie Cernitz (non-voting member). There are openings for two more members. Ric suggests
another business leader and an attomey.
Commissioner Gore motioned to approve the minutes with the change, Commissioner LaRussa
seconded; they were unanimously approved.
3. Old Business -
Draft of Proposed Public Art Policy - Commissioner Cornell noted that there were changes and
additions that needed to be made which needed direction from Commissioner Redo. This item was
tabled until the November meeting when Commissioner Redo returned.
4. New Business -
Review of Draft of Proposed Public Art Advisory Committee - Section of proposed Public Art
Policy (Proposal included with Agenda) - After review, Commissioner Cornell asked if a Motion of
Acceptance was needed. Staff Reinhart advised that the proposal up for review was only a part of
the whole policy and was submitted only for review, suggestions and comments as to whether it is
acceptable as worded or if it needed editing. Commissioner Cornell asked if the public would be
invited to join prior to accepting the policy as a whole. Staff Reinhart advised that could be done
and that it could be approved as a "portion" of the overall policy. Commissioner Cornell moved that
the Public Art Committee portion of the policy be approved so new members could be invited.
Commissioner Knowlton seconded. Commissioner Voorhees noted that the policy said members had
to fill out a formal application and wanted to know if those were available. Staff Todd advised they
were not but would be soon and Staff Reinhart advised that this was a Commission appointment.
Discussion regarding who would be on the committee continued and it was noted by Commission
Voorhees that the second paragraph of the policy should read that the PAAC would consist of
citizens, design professionals, local and/or regional artists, art educators and would be chaired by a
8-7
.........~~--~._--,-_.-._--_.,_.-
·
current member of the Cultural Arts Commission at all times. Commissioner LaRussa asked how
members would be chosen and where it would be posted. Staff Todd advised that it could be posted
in the newspaper, website, and solicitation by Commission members should be made. It was then
noted that the second paragraph of the policy should state that citizens, design professional, local
artists, art educators must reside in the City of Chula Vista and would be chaired by a current
member of the Cultural Arts Commission at all times. Commissioner McGlade asked for a motion
to approve with revision. Commissioner Tubbs moved and Commissioner McGlade seconded. The
· motion was unanimously approved.
5. Committee Reports -
· Commissioner Cornell proceeded with a report of the Bay Front Master Plan beginning with
distribution of maps for viewing. She went on to report that Option C, Land Use Plan, allows for
a land swap between the private property now controlled by Pacifica Corporation, which is being
called the Sweetwater District, the Harbor District, and the Otay District (the southern end). The
EIR (Environmental Impact Review) is under way and looks very positive that State Lands will
approve the land swap and it doesn't look like there will be any problems with the Coastal
Commission; it looks as though the plan is moving in a positive way. Commissioner Cornell
asked what the goals and objectives of the CAC would be if the land swap went through. (It was
· noted that Commissioner Voorhees is the alternate committee member to the Bay Front Master
Plan.) Commissioner Cornell went on to report that two hotels had been proposed as well as a
civic center/sports arena area. Discussion went on about forming a committee to brainstorm
goals and objectives. Commissioner McGlade asked who would determine RFPs and where
would the money come from? Staff Todd advised that he believed it would be a collaboration
effort of the CV Cultural Arts Commission and the Ports Public Arts Committee. After further
discussion, Commissioner Gore advised that there was significant interest in the plan of a
Cultural Arts Facility. Commissioner Cornell advised that she was told to view a publication,
"Urban Bav Front Developments" distributed by Urban Lands Institute and Staff Reinhart
advised her to get further information on the book which could possibly be purchased through
· the library. Note; Although it was not mentioned at this time, at the end of the meeting,
tentative dates were liven for a planning committee meeting as #1 - November 4th in the evening
or #2 - November 6 in the afternoon.
· Commissioner Knowlton advised that there was an article in the Union Tribune several weeks
ago about the Escondido Performing Arts Center.
6. Staff Updates
· Staff Todd advised the date for the Chula Vista 2005 Taste of the Arts would be Sunday, May
15th.
· Staff Todd advised that Thursday, May 5th, 2005 would be the VIPIMcCandliss Awards
· Reception. Handouts were given to Commissioners and discussion took place regarding students
that reside in Chula Vista that attended non-public schools. Commissioner Cornell suggested
that applications to teachers be sent out before the end of the first school semester because some
prominent Art teachers would be retiring at the end of the year. Commissioner Gore also
suggested that recognition at individual recipients' schools be made and Staff Todd mentioned
that individual school ASB offices should be notified. A discussion of a raffle at the VIP
reception took place and it was noted that Commissioner Gore had an opportunity to obtain some
donations for. such a raffle.
7. New Business
· Report of Task Force Plan was tabled until the November meeting.
· Staff Reinhart distributed a re-organizational chart for the Office of Cultural Arts which he
wanted to have approved "in theory" by the Cultural Arts Commission so the Director of the
8-8
Library, David Palmer, could take to the Chula Vista Council in November for approval. The
Commission discussed the restructure. Commissioner Gore advised Staff Todd had been doing
an outstanding job with the office of Ctùtural. A motion to approve the restructuring was made
by Commissioner Voorhees, second made by Commissioner Cornell; it was unanimously passed.
8. Oral Communications:
· Thanks was given to Commissioner La Russa for organizing the Bonitafest Parade, kudos were
given to Commissioner Tubbs for organizing the transportation, and to everyone who
participated in the parade.
· Talk of participating in the Festival of Lights parade went on and Staff Todd advised applications
for participating in the parade would be available in the DBA office.
· There is a new editor for The Star News, Carlos Davalos.
9. Adjournment-
Commissioner McGlade adjourned the meeting at 6:55pm. The next meeting for the ctùtural Arts
Commission will be November 8, 2005 in the Library Conference Room at the Civic Center Library.
8-9
-- ----"--_.- .-.~-_._-- ..._._..._"~~-"--_..."---_._.
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE EXPANSION OF
THE SCOPE OF THE OFFICE OF CULTURAL ARTS
AND APPROPRIATING FUNDS FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND
FOR THE CREATION OF A CULTURAL ARTS
MASTER PLAN AND ENHANCEMENT FUNDS FOR
CHULA VISTA'S TASTE OF THE ARTS FESTIVAL
WHEREAS, the City of Chula Vista has had a one-person Office of Cultural Arts
for the past five years; and
WHEREAS, the growth ofChula Vista, the maturation of the master plan
communities, the revitalization efforts on the west side and a strong endorsement of arts
and cultural in the forthcoming General Plan Update, staff believes that the time has
come to greatly enhance this program; and
WHEREAS, it is proposed that the Office of Cultural Arts grow from one to three
people by reassigning existing staff, that a Cultural Arts Master Plan is immediately
undertaken, and that the City's premier event, Chula Vista's Taste of the Arts, be greatly
enhanced; and
WHEREAS, the Arts Master Plan will provide guidance and direction for the
integration of art and culture into the lives of all citizens of Chula Vista; and
WHEREAS, since 1987, the City ofChula Vista has been sponsoring the Taste of
Arts Festival each spring; and
WHEREAS, last spring the festival was retooled and included improvements such
as moving it to Bayside Park, incorporating featured artists and adding a performance by
the San Diego Symphony Orchestra; and
WHEREAS, as a result of the success of the 2004 event, the City Council asked
staff to return to them with a plan to ensure that Taste of the Arts becomes Chula Vista's
signature event; and
WHEREAS, the Arts Master Plan will provide guidance and direction for the
integration of art and culture and will be completed by early summer 2005; and
WHEREAS, in order to achieve this expanded emphasis on cultural arts within
the City, it is recommended that the existing Funds Development/Strategic Plan Manager
and a Senior Management Assistant within the Office of Employee Development be
reassigned to this program.
8-10
---,.~-_.- ..- -.-.---.'-
·
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the expansion of the scope of the Office of Cultural
Arts by re-classifying an existing Funds Development/Strategic Plan Manager position to
Cultural Arts and Fund Development Manager and transferring said position into the
· Cultural Arts division (18710).
BE IT FURTHER RESOLVED that the City Council does hereby appropriate
$125,000 from the balance of the General Fund to the Library Department supplies and
services budget, with $75,000 to be used for the creation of a Cultural Arts Master Plan
and $50,000 for the Chula Vista's Taste of the Arts Festival.
Presented by Approved as to form by
.va.- 7. ~C'-
· David Palmer Ann Moore
Assistant City Manager/Library Director City Attorney
J:\attomey\reso\finance\FY 04 Library Dept taste of the arts festival
·
8-11
2
SAVE THE GROUNDWATER
The Steele Canyon Golf Course has requested a change to their major use permit to
allow extraction of ground water for irrigation and to allow the public golf course to
become private. The change would allow the golf course to extract 196 million gallons
of water annually from eight wells. Currently the golf course buys its water from the
Otay Water District at a cost of $550,000 a year.
The proposed water extraction plan is projected to lower water levels in the area by
three feet and reduce ground water levels in the adjacent portions of the 9000 acre
San Diego National Wildlife Refuge. Public testimony indicates the water loss will
threaten critical wildlife habitat. The water loss also threatens nearby rural residential
wells.
The Valle De Oro Community Planning group, the Jamul-Dulzura Community Planning
group and the Otay Water District oppose the project. In June of this year the San
Diego County Planning Commission voted unanimously to reject the project.
Notwithstanding, the Board of Supervisors appears poised to approve the project. At a
hearing held on October 6th, Supervisors Bill Horn and Ron Roberts voiced support for
the project. Supervisors Pam Slater-Price and Greg Cox expressed reservations. A
vote on the matter is set for October 27, 2004. (Supervisor Dianne Jacob did not
participate because her home is in the area covered by the use permit.)
Your support is needed.
Please write a letter of opposition to:
Letters Editor
San Diego Union
P.O. Box 120191
San Diego, CA 92112-0191
email: letters@uniontrib.com
Send a copy to:
Supervisor Pam Slater-Price
1600 Pacific Highway
San Diego, CA 92101
and Supervisor Greg Cox
1600 Pacific Highway
San Diego, CA 92101
Pam.Slater@sdcounty.ca.gov
Gr1g .Cox@sdcounty.ca.gov
If you can offer further assistance contact:
Pat or Angel at (619) 278-8600 or
angelsemails-savethegroundwater@yahoo.com
VALLE DE OIW COMMUNITY PLANNING GROUP
P. O. BOX 3958
LA MESA, CA 91944-3958
:eptember 23,2004
,fro Greg Cox, Supervisor I- District
;ounty of San Diego
loard of Supervisors
600 Pacific Highway
:an Diego, CA 92101-2470
.oBJECT: SP A96-007, P85-1 0 I W2; Removal of Prohibitions Against Use Of Groundwater; Steele Canyon
. Golf Club and Steele Canyon Estates HOA
.upervisor Cox:
)ver the eight years that this project has been under consideration, County Staff and the applicant's
onsultants have amassed hundreds of pages of "spin" documents in an attempt to obtain your approval of
omething that is so obviously wrong.
be project documents dwell on complex machinations in an attempt to mitigate impacts to on-site resources
,hile ignoring the elephant in the room. The elephant is the project's yearly removal of 600 acre-feet of
later from the Sweetwater River aquifer.
.ven the minimal geologic structure infonnation provided in the SElR verifies what is obvious from surface
bservations. Through gravity flow, the Mexican Canyon and Ivanhoe Ranch basins discharge their surface
nd subsurface waters directly into the Sweetwater River aquifer (see attached Figure 1-4).
umping from these tributary aquifers is essentially equal to removing water directly from the Sweetwater
jver aquifer. This proposal allows both tributary and direct Sweetwater River pumping. If the Mexican
:anyon pumping exceeds thresholds, they can shift to direct removal from the Sweetwater River above the
lexican Canyon confluence (see attached "Fig. 2"). .
his loss of source water from the aquifer underlying the downstream Wildlife Refuge will eliminate most
nd possibly all dry-weather surface waters from the refuge riparian woodland. TIle effect on wildlife and on
Ie riparian ecosystem and its sensitive edge interfaces will be devastating.
I June, we measured the dry-weather surface flows in the riparian woodland (near Steel Bridge) and found
ISO gallons per minute moving through the floodplain. To sustain such a surface flow year round, an
Iflow of78,840,OOO gallons or 242 acre feet per year into the aquifer is required.
his project seeks to remove 2.5 times that quantity of source water inflow to the Wildlife Refuge's riparian
juifer.
Ie have now observed that ill! dry-weather surface flows currently exist in the riparian woodland, only
olated ponds 3-4 inches deep as shown in Photo # 1.
Although the refuge is not mentioned, Table 2-2 of the SEIR (see Attachment 1) also substantiates our
concern by predicting a 2-foot drawdown in Sweetwater River groundwater at the Wildlife Refuge (6,000
feet from project confluence). This drawdown will not only eliminate surface waters, but will interrupt the
continuous successional cycle of most of the natural riparian woodland vegetation. Seedling development
necessary for the woodland's successional regeneration will not successfully occur without the surface
waters and near-surface water table. .
Every drop of inflow water to the Sweetwater River aquifer contributes to the unique circumstances that
result in a riparian woodland capable of supporting its robust population of rare and endangered wildlife.
The very thought of placing this at risk is repugnant. The claim that a referenced work by Integrated Urban
Forestry ameliorates the risk is equally repugnant.
. The authors of this report clearly back away from any such interpretation oftheir work in their statement:
"However, it is understood that since the report does inc.lude both estimates and general
interpretations regarding the adaptability of certain tree species, no guarantee can be offered
regarding tree health at the various water table levels."
We find it alarming that County Environmental Staff has accepted and now defends the premise that one can
lower the water table under a riparian woodland to 3 feet below the historic low groundwater level without
harm to the ecosystem. This kind of misuse of reference materials and lack of understanding of the nature of
complex environmental resources is what leads to environmental disasters.
After the same type of groundwater and environmental "experts" made the same predictions lImt impacts
would be minimal, the Barona Indians' use of groundwater for their 18-hole golf course depleted the valley's
groundwater.
This proposal for a much larger 27-hole golf course portends a similar result for the Mexican Canyon basin
and Ivanhoe Ranch basin confluences with the Sweetwater River basin.
Under the Groundwater Monitoring and Management Plan (GMMP) limits on drawdown below historic lows,
with all wells functioning at the "reduced" or limited production levels, extraction of 500 acre-feet/year is
still possible, a reduction of only 17% for "limited" production. It is not likely that all wells would be under
limited production at the same time. By design, the monitoring program and production limits will allow
continuous drawdown of the Sweetwater River aquifer by simply alternating between the Mexican Canyon
wells and the Ivanhoe Ranch wells which are actually in the Sweetwater River aquifer.
The GMMP does not even live up to its highly permissive goal of limiting drawdown to 10 feet below the
historic low groundwater levels. In the SElR, Table 2-4 for production well DW-I (see Attachment 2)
allows drawdown in the monitoring wells (MW -8 or -9) to 65 feet (bgs). The table included in response A-
13 (see Attachment 3) indicates the deepest depth in these monitoring wells is 38.2 feet (bgs). Thus, the
GMMP is allowing drawdown to 26.8 feet below the deepest depth to groundwater, not 10 feet 115 claimed.
Further, SElR Section 2.2.5 states:
"The GMMP will monitor groundwater table elevations so they will not fall more than three feet
below historic low values maintaining, biologically acceptable water levels."
While the GMMP limits on DW-I are the most egregious violation of this statement, control of the olller
production wells affecting the Mexican Canyon corridor also violates the statement.
Simply stated, the GMMP does not protect on-site sensitive resources 115 claimed in the SElR.
Additional Rationale for Denial
Violatea General Plan - Anticipating such an attack on groundwater resources, the Valle de Oro
Community ptan requires the County to protect these resources for "potential emergency use." Irrigation of
a golf course and common areas for multi-million dollar homes cannot be considered an "emergency use."
Thus, the Valle de Oro Community Plan prohibits this project. Additionally, this 600 acre.feet of water
would provide a three-month supply for "'11,000 homes under emergency conservation conditions.
Inadeauate MonltoriDl! - The entire monitoring network, both for groundwater basins and on-site natural
habitats, is suspect. It does not address off-site impacts in the downstream Mexican Canyon aquifer or off-
site impacts in the downstream Wildlife Refuge. It will allow the project operators to do the monitoring and
report the results periodically to. the San Diego County lead agency. The County has inadequately monitored
. or field-checked the wells currently present (test wells, production wells, etc.). Candidly, all oftJle wells
drilled and used by the Estates residents since the inception of this project should never have been allowed.
They are non-conforming by any definition.
As far as County monitoring and regulation are concerned, no evidence exists that limits on groundwater
uses will be enforceable. No bonding is required; no substantial fmes exist to be imposed; no punitive
measures will be in place to prevent groundwater over-drafting. Deposit of $1,000 for County monitoring
will pay for very little regulatory activities.
With the existence of many uncontrolled private wells in the immediate vicinity, there is clearly no assurance
that the County can prevent groundwater over-drafting. The reason for raising the regulatory concerns is that
the County has been preparing to approve the SEIR for this project and allow groundwater uses as proposed
in disregard of the unacceptable risks to the National Wildlife Refuge. Any project removing groundwater
from s~ch a sensitive environment has to be bound by iron clad, immediately enforceable (and punishable)
limits, including substantial fiscal penalties and immediate permanent cessation of all groundwater uses.
Finally, the project SEIR does not address the loss of 600 acre feet of water from the Sweetwater aquifer. It
does not address the effects ofiliat loss on the downstream habitat mosaic and diversity. Photo #2 shows the
extensive, robust riparian woodland habitat placed at risk by this project. It does not address the effects of
that loss on year round surface waters in the National Wildlife Refuge. It doesn't even acknowledge that
they exist much less quantifY their flow rates and aquifer conditions necessary for their continued existence.
Any loss in these surface waters would be a major loss to the ecosystem of the National Wildlife Refuge
Prepared for VDOCPG by Wildlife Biologist Dr. Gerald Collier and Jack Phillips (619)670-0986.
Sincerely,
Jack L. Phillips
Chairman, VDOCPG
Jamul-Dulzura Community Planning GrouJl
PO Box 613
Jamul, CA 91935
II May 2004
Department of PlaIUling and Land Use
County of San Diego
ATTN: Mr. Bill Stocks, Project MaIlager MS 0650
520 I Ruffin Road. Suite B
San Diego, CA 92123-1666
Subj: Lorna del SollSteele Canyon, Specific Plan Amendment SPA 96-007 (formerly SI'A 96-007 &
P85-101W2 _ Groundwater Irrigation Revision for the Steele Canyon Golf and Country Club)
On August 27, 1996, the Jamul-Dulzura COll\lllunity Planning Group reviewed tile above named
application and voted unanimously 11-0-0 in favor of restating our strong ODDosition to the rcmoval of
current prohibitions that would allow tile use of groundwater for tile golf course.
Again on 09 December 2003, the JDCPG reviewed tile above named application along with its
accompanying Draft Supplemental Environmental Impact Report (EIR) for tile Steele Canyon Golf Club
and voted 10 FOR, NONE opposed with 2 abstentions (Ellison & Wragg) in favor of restating our strong
ODDosition to the removal of current prohibitions that would allow the use of groundwater for tile
Steele Canyon Golf Club and the Steele Canyon Estates Homeowners Association.
A copy of our letter of 09 December 2003 is attached.
The subject SPA Amendment for Lorna del Sol (Steele Canyon SPA 96-007, DPLU Environmental Log
96-19-10A) continues to contain language "Groundwater will be used for golf course and HOA eonUllon
arca irrigation.... ". For example see page 65. para J.l.b.
We urge you to support our consistent position that allowed the golf course to be built - NO USE OF
GROUNDWATER. Accordingly, we strongly recommend continuing the denial of groundwater use
by Steele Canyon Golf Club and the Steele Canyon Estates Homeowners Association, an original
condition that allowed the golf course to be built.
Sincerely,
~:~\LV~~J~
Dan Neirinekx /'
Chairman
ee: Supervisor Dianne Jacob. 2"" District. County of San Diego
Chairman, San Diego County Planning Commission
Steele Canyon Golf Club, LLC
Steele Canyon Estates Homeowners Association
Valle de Oro Planning Group
Sweetwater Authority
Otay Water District
OOOOR8
09 Deccmber 2003
J.lll1ul-Dulzura Community PhlllJling G rouJl
PO Uox 613
.Iamul, CA 91935
Mr. Gary Pryor
Dircctor, Department of Planning and Land Use
County of San Diego
520 I Rullin Road, Suite 13
San Diego, CA 92123-1666
'<:-.--,. .
"
,/
u'
Chairman Byron Wood
Planning Commission
County of San Diego
5201 Ruflin Road, Suite 13
San Diego, CA 92123
Supervisor Dianne Jacob, 2"~ District
Board of Supervisors
San Diego County Administration Building
1600 Pacific Highway, Room 335
San Diego, CA 9210 1-2470
Subj: SPA 96-007 & 1>85-IOIW2 - Groundwater Irrigation Revision for the Steele Canyon
Golf and Country Club
On August 27, 1996, the Jamul-Dulzura Community Planning Group reviewed the above named
application and voted unanimously 11-0-0 in favor of restating our strong opposition to the
removal of current prohibitions that would allow the use of groundwater for the golf course.
Again today, 09 December 2003, we have reviewed the above named application along with its
accompanying Draft Supplemental Envirorunental Impact Report (EIR) for the Steele Canyon
Golf Club and voted 10 FOR, NONE opposed with 2 abstentions (Ellison & Wragg) in favor of
restating our strOI1l! ODDosition to the removal of current prohibitions that would allow the
use of groundwater for the Steele Canyon Golf Club and the Steele Canyon Estates
Homeowners Association.
It should be pointed out that the Draft Supplemental Environmental Impact Report (ElR) for the
Steele Canyon Golf Club was not provided for comment to the JDCPG, one of the two Planning
Groups responsible for making land-use recommendations fur the project. The existence of the
DEIR was made known to the JDCPG at its II November 2003 meeting after the expiration date
for public comment. We subsequently were provided with copies of the ElR for review.
The major difference in today's application from that of 1996 is the proposal to nse over
twice as much l!roundwater than previously proposed. In addition to irrigation uses for the
I 50-acre golf course, now the proposal is for additional use of groundwater by the Homeowners
OOOO~9
Association for its 12-acres of common areas including roadside landscaping, four "pocket"
parks, and the clubhouse area.
The Draft Supplemcntal Environmcntal Impact Report (EIR) for the Steelc Canyon Golf Club
correctly states that there are significant cffccts/impacts regarding the use of groundwater. The
significant impacts include: "Use of groundwater resources has potential to impact groundwater
availability"; "Use of groundwater resources has potential to impact Sweetwater Authority's
(SWA's) ability to convey water from Loveland Reservoir to Sweetwater Reservoir"; "Reduction
in available surface/subsurface water has potential to impact riparian habitat"; and "Reduction in
available surface/subsurface water has potential to impact coastal sage scrub and upland
resources. "
The mitigation measures proposed, "implementation of a groundwater mitigation and monitoring
plan," are not considered adequate. The JDCGP considers the significant impacts NOT to be
mitigable. Again, the project was approved on condition that there be NO USE OF
GROUNDWATER.
This project was originally approved, under the name of Lorna Del Sol, with the provision that
there would be no use of groundwater in the project. We were assured by the applicant that their
design of a "target golf course and the extensive use of zeroscape" in their landscaping plans
would successfully alleviate the need or desire to use groundwater then or in the future. It was
with these assurances for no use of groundwater, that the applicant was able to get approval.
Today, their 27-hole golf course has green fairways, and grass is used extensively for landscaping
in their common areas. This is in direct conflict with their approved landscaping plans.
Comments from our previous minutes on this subject are provided in A TT ACI-IMENT A to this
letter and include:
JDCPG MINUTES of 14 MAY 1996, Agenda Item 12. Steele Canyon Golf Club Water study
Discussion - Dan Kjonegaard reporting.
JDCPG MINUTES of II JUNE 1996, Agenda Item 8. Steele Canyon Use of Groundwater
Discussion - Frank Hewitt reporting, including JDCPG Letter of II June 1996, Subj: Steele
Canyon Golf Course's Petition for Use of Ground Water; Reconunendation for Denial.
JDCPG MINUTES of 23 JULY 1996, Agenda Item 10. P85-10IW, Steele Canyon Use of
Groundwater for Golf Course - Frank Hewitt reporting, including JDCPG Letter of 24 July 1996,
Subj: P85-10IW, Steele Canyon Use of Groundwater for Golf Course.
JDCPG MINUTES of 27 AUGUST 1996, Agenda Item 6. SPA 96-007 & P85-IOIW - Janet
Mulder reporting, including JDCPG Letter of 28 August 1996, Subj: SPA 96-007W & 1'85-
101W, Groundwater Irrigation Revision for the Steele Canyon Golf and Country Club.
Today, just like they did before, the applicant says that they are asking for "limited use of
groundwater", and that a monitoring process could be put in place to ensure compliance. The
2
000100
JDCPG questions the ability of a monitoring process to be effective. Enforcement is dillicult at
best, dependent often upon complaints by community members to alert the county of a problem.
Essentially, the applicant will draw down groundwater levels, deplete our scarce groundwater
resources, and then have community members complain about their non-producing wells.
The heavy use of our precious and finite groundwater resources does afTect people within the
jurisdiction of our planning group who are dependent upon ground water. We need to seriously
look at a prioritization of the use of groundwater to determine whether beller use is lor those
dependent upon it or for a recreational use such as watering the golf course and the additional
proposed use by the homeowners association.
Our planning group remains concerned about the cumulative impacts to groundwater availability.
Also we question the value of conditioning a project only to have the developer return to have
conditions removed soley for their economic advantage. Allowing the applicant the availability of
essentially "free" water will not cause water conservation, but will have the opposite afTect.
We urge you to support our consistent position - NO USE 01' GROUNDWATER by' new
golf courses. Accordingly, we strongly recommend continuing the denial of groundwater
use by Steele Canyon Golf Club and the Steele Canyon Estates Homeowners Association,
an original condition that allowed tbe golf course to be built.
Sincerely,
0-0[}DV
Dan Neirinckx
Chairman
cc: Steele Canyon Golf Club, LLC
Steele Canyon Estates Homeowners Association
Valle de Oro Planning Group
Sweetwater Authority
Otay Water District
3
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... l),'rlirnlrrJ 10 ('OII1I1I1"'il~ SI"Vif~r
2554 SWEE1WATEA SPRINGS BOULEVARD, SPRING VALLEY. CALIFORNIA 91918-2096
TELEPHONE. 610-2222. AREA COOt 619
July 19, 2004
County of San Diego
Department of Planning and Land Use
5201 Ruffin Road, Suite "B"
San Diego, California 92123
Attention: Bill Stocks, Project Manager, MS 0650
SUBJECT: Steele Canyon, Specific Plan Amendment SPA 96-007
Dear Mr. Stocks:
Otay Water District (OWD) is in agreement with the County Planning Commission decision of
June 25, 2004, to deny the use of groundwater by Steele Canyon Associates (SCA). OWD
thanks you for fOlWarding a copy of the Specific Plan Amendment proposed by SCA showing
the revisions made to the previous draft, and for the opportunity to review the same and
provide you with our comments or concerns.
W.O. 8494
On July 7, 2004, the Otay Water District Board of Directors authorized the General Manager
to send a letter to the County of San Diego validating the position taken by a previous Board
opposing the use of groundwater.
Please note that OWD reviewed and considered a similar proposal from SCA in 1996. Then,
as now"SCA proposed to amend the existing Major Use Permit P85-101to allow it to use
ground water, at its discretion, to irrigate the Steele Canyon Golf Club golf course (Golf
Course). In the current version of the proposed Specific Plan Amendment, the Steele
Canyon Estates Homeowner's Association would also be allowed to use groundwater to
irrigate its common grounds. As you may know, at the time the Golf Course was constructed,
OWD installed a water system intended to provide the Golf Course with sufficient water to
meet its needs. Therefore, in 1996, after considering the proposed amendment, the Board of
Directors of OWD opposed it. Their specific concerns were set forth in a letter dated August
21, 1996 and addressed to Mr. Curt Gonzales at the Department of Planning and Land Use
with the County of San Diego. I am enclosing a copy of that letter for your reference. Please
note that the concerns expressed by the Board in 1996 remain valid for OWD to this day.
As a final comment. OWD would urge and require that, if the proposed use of groundwater is
approved, sufficient safeguards be established to prevent backflow contamination of OWD's
water system.
Please do not hesitate to contact me at (619) 670-2210, should you need further information.
/JlPtSincereIY,
, ~
~;.tb
Mark Watton,
Interim General Manager
Enclosure
OOOO~J2
cc: Manny Magana
Rod Posada
.ft..-..... .......
SAN DIEGO COUNTY PLANNING COMMISSION
Regular MHtIng - June 21, 2004
DPLU Heartng Room, 9:00 a.m.
'he meeting convened at 9:00 a.m. and adjourned at 4:09 p.m.
tOll CAll
CommisSion.,.. Pl'8Hnt
Commll.lon.e... Abeent
Advllo... Pl'8Hnt
staff p~~
I. Director's Reoort:
~:
Beck. Brooks, Day, Edwards, Kreitzer
MiDer, Woods
Taylor (County Counsel)
Hulse, Stocks, Bunnemeyer, Murphy,
Sibbet. Layboume, Rowan, StBvenlOn.
Wunderly, Krycz, Blackson, Spar,
MoIby, Espel8nce (Owens, Recording
Secretary)
On June 23, 2004, the Board of Supervisors approved the Greenhills
Ranch Specific Plan and also heard an appeal of the two cell sites in the
Valle de 010 Community and directed the applicant 10 prepare an EIR.
There was also a recommendation from the Board of Supervisors at the
June 23, 2004 hearing 10 consider the role of PERB, and whether it should
be disestablished and their responsibilities moved to the Planning
Commission. Staff wiH prepare a recommendation for the Planning
Commission to consider in the near future.
Dlx" t1rtHzer:
An update of the Board of Supervisors hearing on June 18,2004 was
presented 10 the Planning Commission.
__.._..w..._ ._..._.
--...- --, --- .
Page 3
4.
=~~=~::::c.~~~n:=~.Q91.
JamuUDulzura Plan A.....
The project proposes to amend the Steele Canyon/Loma Del Sol Specific
Plan and to modify the Major UN Pennit for the Steele Canyon Golf
Course to allow the UN of groundwal8rfor Irrigation purposes. The
proposal woulcl allow intennlttent groundwater extraction to supply aU or
portions of the wal8r needed to lnigate the golf course and the common
landacaped areas within the residential portion of the development
GroundWater Is proposed to be drawn from 8 wells and woulcl be used to
Irrigate 150 acres of golf course and 12 acres of common Iandacaped
areas, which Includes roadside landacaping, four pocket par1<s and a
clubhouse area. Thla Speciftc Plan Is located northerly of Jamul Drive
between Cotton Springs Lane and Fowler Canyon Road and Is on the
boundary between the Valle de Oro and JamuVDulzura Planning Areas.
~taf'f p~.IIQQ: Stocks
PI'ODOne~: 14; ODDOnenta: 1
Both the Planning Groups and the surrounding property owners te.tffled
that to allow Steele Canyon a modification to the major use pennlt for the
golf course to allow the use of groundWal8r for Irrigation could create
problems for homeowners who are dependent upon their wells for water.
Dlscuul2n:
Commissioner Brooks has concems reo.ardinQ. the monitoring that the
applicant I. proposing, and whether or not it would be enforceable by
DPLU. Mr. VVunderty replied that the County would have requlremenbl
that are ouUlned In the Groundwater Monitoring Management Plan.
infonnatlon on groundwater lev'" Ia collected, under the oversight of a
Certified Hydrologitt, and submitted to the Department once a year. If at
any time of the year limite specil'ied In the GMMP are exceeded, the
applicant Is required to notify the County within 5 days and they will then
have to submit reporta monthly.
Commluloner Beck expreued concerns that the County it experiencing
the worst drought in 500 years. Available fresh water to serve the public
and not private enterprise I. a big luue. He understend. why the
conluftantl for the appllcanbl are proposing this project and why they are
making an argument that it Is the right thing to do, but does not
'v......wwv .~..._.
"un. AU, 6VV...
Page 4
understand why County staff thinks this Is good public policy within a basin
that provides drinking water. Property owners, who have lived in this area
for many years, have concems that their we/Is may dry up. The original
agreements for this property were based on the fact that no drlUlng would
be done and they would not use groundwater
Commissioner Edwards said In 1987 this project was conditioned upon the
use of no drilling and no groundwater. If the project is going private in
2005 it appears to him that this may be an attempt to shift publiC water
resources to a private enterprise. He does not believe this is the time 01
place to be using water In the manner In which it is being proposed and
would not support staffs recommendation.
Action: Kreitzer - Beck
Recommend that the Board of Supervisors deny SPA 96-007 and P8S-
101\I\P because the project was conditioned in 1987 upon the use of no
drilling and no groundwater and now the applicant Is trying to reverse that
decision. The U.S. Fish and IMldlife Service has submlttecl a letter
exprelllng concems of what would happen to the riparian areas
downstream. The 1011 of a few feet of water cen have a slgnlftcant elfect
on many plants, which In turn atreets the wftdlife. The Sweetwater
Authority also submitted letters, although they are dated back In time.
I'age I vi I
From: Iiz marallo [marallo@cox.nel]
Sent: Tuesday, June 08, 2004 8:34 PM
To: Stocks, William
Subject: Opposed to SPA 96-007, P85-101W2
Dear Mr. Slocks,
The purpose of this email is to provide written confirmation of our telephone conversation regarding opposition to
projecVcase numbers:
SPA 96-007, P85-101W2, Applicant:Steele Canyon Golf, LLC.
We betieve the impact on our existing well and those of our neighbors in the surrounding community would be
significant if the appticant is granted approval. After years of drought conditions, an approval of such an
application would be devastating to our neighborhood.
Years ago, when the Steele Canyon Golf Club was being developed, we recall promises made to the
homeowner's by the developer that wells would not be drilled. The golf club is a business and as such has the
means through sales of it's privale memberships costing thousands of dollars, pubtic greens fees and monthly
home owner association fees to pay the Otay Water District for water, reclaimed or otherwise. Homeowners in the
area with wells will not have the benefit of recouping expenses as a result of the necessity to polentially drill
deeper wells, additional repairs of pump equipment from excessive use to maintain water levels, increased
electricity costs to draw sufficient waler supply, and at worst a dry well in order 10 subsidize the corporate
eXistence and profits of Steele Canyon Golf Club.
We are opposed to the approval of this project.
Respectfully,
Liz and Don Marallo
3120 Indian Mills Lane
Jamul, CA 91935
phone: 619-442-5815
OOOO~7
6/1 0/2004
rJ
STEEllE
CANY@N
Hello
October 16, 2004
I would like to introduce myself as the new Director of Membership at Steele Canyon
Golf Club. I am very excited about the opportunities and challenges that lie ahead and
feel fortunate to be a member of the management team here at the Club.
As you visit Steele Canyon over the next few weeks, I invite you to stop into my office to
introduce yourself. This is also an excellent time to ensure that we have the correct
contact information for you and your family, as well as an updated photo, on file.
I will be working diligently over the next few months to develop and implement
programs designed to directly increase the membership base of Steele Canyon. I am
confident that our membership can grow steadily as we move towards full privatization of
Steele Canyon. In the interim, I welcome any feedback that you may have about
Membership and the Club in general. I feel that this information will be invaluable in
helping me to attract and retain new members. I encourage you to contact me either by
phone, email or in person to share your thoughts and opinions.
I look forward to meeting everyone individually, and working together in the future.
B t regards,
J~~~
Melissa Brown
Director of Membership
619-441-5016
mbrown@steelecanyon.com
3 t 99 Stonefje1d Drive
Jamul, California 91935-1527
Phone, 619/441-6900
Fax, 619/441-6909
www.steelecanyon.com
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. Steele Canyon Golf Course
COUNCIL AGENDA STATEMENT
Item No.: JL
Meeting Date: 11/16/04
ITEM TITLE: Report on a proposal within the County of San Diego to allow the Steel
Canyon Golf Course to extract groundwater for irrigation purposes.
SUBMITTED BY: ,,",otm ofPlwming """ Bci_ f
Gí
REVIEWED BY: City Manager } III 'J,v (4/5ths Vote: Y es ~ 0 ~
The proposal would allow intermittent groundwater extraction to supply all, or portions of, the
water needed to irrigate the Steel Canyon Golf Course and the common landscaped area within
the residential portion of the development.
RECOMMENDATION:
That the City oppose the proj ect and authorize the Mayor to send a letter to the County of San
Diego informing them of the City's concerns.
BOARDS/COMMISSIONS RECOMMENDATION:
N/A
DISCUSSION:
Background
A Supplemental Environmental Impact Report (SEIR) has been prepared for the proposed
project and is currently on file with the County of San Diego's Department of Land Use and
Planning. On June 25, 2004, the Planning Commission voted 5-0 to deny the proposed
amendment to the Loma Del Sole/Steel Canyon Specific Plan (SPA 96-007) and the associated
Major Use Permit Modifications. The County has had several continued public hearings to
discuss the proposed project with the next meting scheduled for November 23, 2004.
Additionally, the Valley De Oro Community Planning Group, J amul-Dulzura Community
Planning Group, and Otay Water District Board have gone on record opposing the proj ect. The
Sweetwater Authority has not officially stated that they oppose the project; however, they have
stated that that the County should establish policies that allowed the approval of land uses
proposals within the Sweetwater River Valley provided that they do not involve the use of local
groundwater supplies.
11-1
......_--"--- .. ...---..-.-.-.- ----- ....-_._-"-
Page 2, Item No.: ~
Meeting Date: 11/16/04
. Issues
The proposed project would amend the Steele Canyon/Loma Del Sol Specific Plan and Major
Use Permit for the Steel Canyon Golf Course to allow the use of groundwater for irrigation
purposes. The extracted groundwater would replace potable water currently provided by Otay
Water District (OWD) and would be used to irrigate all, or portions of, the golf course and
common landscape areas including areas within the residential development. Groundwater is
proposed to be drawn from eight wells and would be used to irrigate 150 acres of golf course and
12 acres of common landscaped area, which includes roadside landscaping, four pocket parks
and a clubhouse area.
.
The Steel Canyon golf course is located in Rancho San Diego within the Mexican Canyon Basin
and Ivanhoe Basin both of which drain to the Sweetwater River Valley system that feeds
Sweetwater Reservoir (see attached map). Additionally, the groundwater underneath the
Sweetwater River Valley is an integral part of the Sweetwater river system. This system feeds
the Sweetwater River, which at its te=inus creates the critical habitat that comprises the
Sweetwater Marsh National Refuge located within the City of Chula Vista.
The Sweetwater Reservoir, operated by the Sweetwater Authority, provides domestic water to
Chula Vista, National City, and the unincorporated community of Bonita. Approval of this
project would remove 600 acre feet per year (afy) from the Sweetwater Valley River system for
recreational purposes. The extraction of groundwater in this region has the potential to result in
heightened water rates to local residents and impact sensitive biological habitats along the
Sweetwater River Valley corridor.
The extracted groundwater would replace potable water currently provided by OWD. As stated
OWD who operates the current distribution system throughout the Steel Canyon golf course,
anticipates that they could lose approximately $550,000 in annual gross revenue due to
groundwater extraction. This amount which, is currently included in OWD's operating budget,
could ultimately be passed along to ratepayers in order to offset any fiscal impacts resulting from
groundwater extraction. Furthermore, the use of groundwater for irrigation of the golf course is
not consistent with the current OWD Water Master Plan in that the water facilities to deliver the
golf course demand have already been installed.
According to the EIR for the proposal, groundwater pumping would only occur during times
when adequate groundwater supplies are available. Additionally, the EIR also states that Steele
Canyon is planning on only using the upper elevations of the groundwater system and that during
drought situations and falling water levels Steele Canyon would be required to terminate the use
of groundwater.
However, the EIR also states that groundwater pumping would only affect the groundwater table
elevations by a maximum of a few feet under conditions of zero or minimal groundwater
recharge (i.e. drought conditions). These statements seem to conflict, appearing as though special
provisions would allow for pumping to continue during drought conditions. The EIR states that,
11-2
Page 3, Item No.: Ji
Meeting Date: 11/16/04
significant indirect impacts to riparian habitat could result if the draw-down falls below 3 feet of
the "historical low" groundwater level. However, no mitigation measure has been included to
ensure that the ground water table does not fall below the critical 3-foot threshold.
There is a concern that in a region prone to extreme drought conditions the extraction and use of
groundwater for recreational purposes (irrigating a golf course) is not the best use of this
precious resource. Ground water is a valuable commodity and should be available for high
priority needs such as emergency storage, available fire flow, and domestic use.
Every drop of inflow to the Sweetwater River aquifer contributes to the unique circumstances
that create the diverse biological communities along the Sweetwater River Valley including the
San Diego National Wildlife Refuge and Sweetwater Marsh National Refuge. These areas
comprise several fragile habitat communities that provide refuge to many of the regions rare and
endangered wildlife species.
If the ultimate goal is for the course to lessen operating costs there are other ways to do that such
as alternatives that would effectively lessen their water demand. Possible altematives to utilizing
groundwater for irrigation purposes include establishing a target style course design, continued
refinement of water conservation and irrigation practices, and the use of imported raw or
recycled water.
The original Major Use Permit (MUP) for the golf course had a commitment to not utilize
ground water resources for irrigation purposes and was designed accordingly. Given that the
course has an adequate distribution system in place and the potential adverse effect on the
ratepayers in both OWD and Sweetwater Authority, there does not appear to be adequate
justification to approve this proj ect.
FISCAL IMPACT:
There is no direct fiscal impact to the City of Chula Vista. There is a potential fiscal impact to
ratepayers in the Otay Water District, some of whom are residents of the City ofChula Vista.
Attachments: Regional Map
Save the Groundwater Information Packet
11-3
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11-4
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SAVE THE GROUNDWATER
The Steele Canyon Golf Course has requested a change to their major use permit to
allow extraction of ground water for irrigation and to allow the public golf course to
become private. The change would allow the golf course to extract 196 million gallons
of water annually from eight wells. Currently the golf course buys its water from the
Otay Water District at a cost of $550,000 a year.
The proposed water extraction plan is projected to lower water levels in the area by
three feet and reduce ground water levels in the adjacent portions of the 9000 acre
San Diego National Wildlife Refuge. Public testimony indicates the water loss will
threaten critical wildlife habitat. The water loss also threatens nearby rural residential
wells.
The Valle De Oro Community Planning group, the Jamul-Dulzura Community Planning
group and the Otay Water District oppose the project. In June of this year the San
Diego County Planning Commission voted unanimously to reject the project.
Notwithstanding, the Board of Supervisors appears poised to approve the project. At a
hearing held on October 6th, Supervisors Bill Horn and Ron Roberts voiced support for
the project. Supervisors Pam Slater-Price and Greg Cox expressed reservations. A
vote on the matter is set for October 27, 2004. (Supervisor Dianne Jacob did not
participate because her home is in the area covered by the use permit.)
Your support is needed.
Please write a letter of opposition to:
Letters Editor
San Diego Union
P.O. Box 120191
San Diego, CA 92112-0191 email: letters@uniontrib.com
Send a copy to:
Supervisor Pam Slater-Price and Supervisor Greg Cox
1600 Pacific Highway 1600 Pacific Highway
San Diego, CA 92101 San Diego, CA 92101
Pa m. SI ater@sdcounty.ca.gov Grïg .Cox@sdcounty.ca.gov
If you can offer further assistance contact:
Pat or Angel at (619) 278-8600 or
angelsemails-savethegroundwater@yahoo.com
11-5
-----
VALLE DE ORO COMMUNITY PLANNING GROUP
P. O. BOX 3958
LA MESA, CA 91944-3958
:eptember 23, 2004
dr. Greg Cox, Supervisor I" District
;ounty of San Diego
loard of Supervisors
600 Pacific Highway
:an Diego, CA 92101-2470
:UBJECf: SP A96-007, P85-l 0 1 W2; Removal of Prohibitions Against Use Of Groundwater; Steele Canyon
Golf Club and Steele Canyon Estates HOA
,upervisor Cox:
)ver the eight years that this project has becn under consideration, County Staff and the applicant's
onsultants have amassed hundreds of pages of "spin" documents in an attempt to obtain your approval of
omething that is so obviously wrong.
'he project documents dwell on complex machinations in an attempt to mitigate impacts to on-site resources
¡hile ignoring the elephant in the room. The elephant is the project's yearly removal of 600 acre· feet of
later from the Sweetwater River aquifer.
.ven the minimal geològic structure infonnation provided in the SEIR verifies what is obvious from surface
bservations. Through gravity flow, the Mexican Canyon and Ivanhoe Ranch basins discharge their surface
ad subsurface waters directly into the Sweetwater River aquifer (see attached Figure 1-4).
umping from these tributary aquifers is essentially equal to removing water directly from the Sweetwater
jver aquifer. This proposal allows both tributary and direct Sweetwater River pwnping. If the Mexiean
:SOyon pumping exceeds thresholds, they can shift to direct removal from the Sweetwater River above the
iexican Canyon confluence (see attached "Fig. 2").
his loss of source water from the aquifer underlying the downstream Wildlife Refuge will eliminate most
ad possibly all dry-weather surface waters from the refuge riparian woodland. 11le effect on wildlife and on
Ie riparian ecosystem and its sensitive edge interfaces ~ill be devastating.
I June, we measured the dry-weather surface flows in the riparian woodland (near Steel Bridge) and found
150 gallons per minute moving through the floodplain. To sustain such a surface flow year round, an
¡flow of 78,840,000 gallons or 242 acre feet per year into the aquifer is required.
his project seeks to remove 2.5 times that quantity of source water inflow to the Wildlife Refuge's riparian
luifer.
fe have now observed thatJ1Q dry-weather surface'flows currently exist in the riparian woodland, only
olated ponds 3-4 inches deep as shown in Photo # 1.
11-6
~, ,.__.._._---~-"--~,._...~-
·
Although the refuge is not mentioned, Table 2-2 of the SEIR (see Attachment 1) also substantiates our
concern by predicting a 2-foot drawdown in Sweetwater River groundwater at the Wildlife Refuge (6,000
feet fi'om project confluence). This drawdown will not only eliminate surface waters, but will interrupt the
continuous successional cycle of most of the natural riparian woodland vegetation. Seedling development
necessary for the woodland's successional regeneration will not successfully occur without the surface
waters and near-surface water table.
Every drop of inflow water to the Sweetwater River aquifer contributes to tile unique circumstances tllat
result in a riparian woodland capable of supporting its robust population of rare and endangered wildlife.
· The very thought of placing this at risk is repugnant. The claim that a referenced work by Integrated Urban
Forestry ameliorates the risk is equally repugnant.
. The authors of this report clearly back away fÌ'om any such interpretation of their work in their statement:
"However, it is understood that since the report does include both estimates and general
interpretations regarding the adaptability of certain tree species, no guarantee can be offered
regarding tree health at the various water table levels."
We find it alarming that County Environmental StafThas accepted and now defends the premise that one can
lower the water table under a riþarian woodland to 3 feet below the historic low groundwater level without
· harm to the ecosystem. This kind of misuse of reference materials and lack of understanding of the nature of
complex environmental resources is what leads to environmental disasters.
After the same type of groundwater and environmental "experts" made the same predictions tllat impacts
would be minimal, the Barona Indians' use of groundwater for their IS-hole golf course depleted the valley's
groundwater.
This proposal for a much larger 27-hole golf course portends a similar result for the Mexican Canyon basin
and Ivanhoe Ranch basin confluences with the Sweetwater River basin.
Under the Groundwater Monitoring and Management Plan (GMMP) limits on drawdown below historic lows,
with all wells functioning at the "reduced" or limited production levels, extraction of 500 acre-feet/year is
still possible, a reduction of only 17% for "limited" production. It is not likely that all wells would be under
limited production at the same time. By design, the monitoring program and production limits will allow
continuous drawdown of the Sweetwater River aquifer by simply alternating between the Mexican Canyon
wells and the Ivanhoe Ranch wells which are actually in the Sweetwater River aquifer.
The GMMP does not even live up to its highly peIrnissive goal of limiting drawdown to 10 feet below the
historic low groundwater levels. In the SEIR, Table 2-4 for production well DW-I (see Attachment 2)
allows drawdown in the monitoring wells (MW -S or -9) to 65 feet (bgs). The table included in response A-
13 (see Attachment 3) indicates the deepest depth in these monitoring wells is 3S.2 feet (bgs). Thus, the
GMMP is allowing drawdown to 26.S feet below the deepest depth to groundwater, not 10 feet as claimed.
Further, SEIR Section 2.2.5 states:
"The GMMP will monitor groundwater table elevations so they will not fall more than three feet
below historic low values maintaining, biologically acceptable water levels."
While the GMMP limits on DW-I are the most egregious violation of this statement, control of the other
production wells affecting the Mexican Canyon corridor also violates the statement.
Simply stated, the GMMP does not protect on-site sensitive rcsourees as claimed in the SEIR.
11-7
Additional Rationale for Denial
Violates General Plan - Anticipating such an atiack on groundwater resources, the Valle de Oro
Community Plan requires the COWlty to protect these resources for "potential emergency use." Irrigation of
a golf course and common areas for multi-million dollar homes cannot be considered an "emergency use."
Thus, the Valle de Oro Community Plan prohibits this project. Additionally, this 600 acre-feet ofwatcr
would provide a three-month supply for "11,000 homes under emergency conservation conditions.
InadeQuate Monitorinl! - The entire monitoring network, both for groWldwater basins and on-site natural
habitats, is suspect. It does not address off-site impacts in the downstream Mexican Canyon aquifer or ofT-
site impacts in the down~ Wildlife Refuge. It will allow the project operators to do the monitoring and
report the results periodically to.the San Diego COWlty lead agency. The COWlty has inadequately monitored
. or field-checked the wells currently present (test wells, production wells, etc.). Candidly, all of the wells
drilled and used by the Estates residents since the inception of this project should never have been allowed.
They are non-confonning by any definition.
As far as COWlty monitoring and regulation arc concerned, no evidence exists that limits on groundwater
uses will be enforceable. No bonding is required; no substantial fmes exist to be imposed; no pWlitive
measures will be in place to prevent groWldwater over-drafting. Deposit of $1,000 for COWlty monitoring
will pay for very little regulatory activities.
With the existence of many uncontrolled private wells in the immediate vicinity, there is clearly no assurance
that the County can prevent groWldwater over-drafting. The reason for raising the regulatory concerns is that
the County has been preparing to approve the SEIR for this project and allow groundwater uses as proposed
in disregard of the Wlacceptable risks to the National Wildlife Refuge. Any project removing groundwater
from s\lch a sensitive environment has to be bound by iron clad, immediately enforceable (and pWlishable)
limits, including substantial fiscal penaltics and immediate pennanent cessation of all groWldwatcr uses.
Finally, the project SEIR does not address the loss of 600 acro feet of water from the Sweetwater aquifer. It
does not address the effects of that loss on the downstream habitat mosaic and diversity. Photo #2 shows the
extensive, robust riparian woodland habitat placed at risk by this project. It docs not address the effects of
that loss on yoar round surface waters in the National Wildlife Refuge. It doesn't even acknowledge that
they exist much less quantify their flow rates and aquifer conditions necessary for their continued existence.
Any loss in these surface waters would be a major loss to the ecosystem of the National Wildlife Refuge
Prepared for VDOCPG by Wildlife Biologist Dr. Gerald Collier and Jack Phillips (619)670-0986.
Sincerely,
] ack L. Phillips
Chainnan, VDOCPG
11-8
-.., - --_._.."'_...,----~_.,..._-_._.~,--- -----~
Jamul-Dulzura Commuuity Planning Croup
PO Box 613
Jamul, CA 91935
II May 20()4
Department of Planning and Land Use
County of San Diego
AlTN: Mr. Bill Stocks, Project Manager MS 0650
520 I Ruffin Road. Suitc B
San Dicgo, CA 92123-1666
Subj: Lorna del SoVSteele Canyon, Specific Plan Amendment SPA 96-007 (formerly SPA 96-007 &
P85-101W2 _ Groundwater Irrigation Revision for the Steele Canyon Golf and Country Club)
On August 27, 1996, the Jamul-Dulzura Community Planning Group rcvicwed the abovc named
application and voted tmanirnously 11-0-0 in favor of restating our strong opposition to the removal of
current prohibitions that would allow the USe of groundwater for the golf course.
Again on 09 December 2003, the JDCPG reviewed the above named application along with its
accompanying Draft Supplemental Environmental Impaet Report (ElR) for the Steele Canyon Golf Club
and voted 10 FOR, NONE opposed with 2 abstentions (Ellison & Wragg) in favor of restating our strOßl!
opposition to the removal of current prohibitions that would allow the use of groundwater for the
Steele Canyon Golf Club and the Steele Canyon Estates Homeowners Association.
A copy of our letter of 09 December 2003 is attached.
The subject SPA Amendment for Lorna del Sol (Steele Canyon SPA 96-007, DPLU Environmcntal Log
96-19-IOA) continues to eontain language "Groundwater will be used for golf course and HOA conunon
area irrigation,... n. For example see page 65, para J.l.b.
We urge you to support our consistent position that allowed the golf course to be built - NO USE OF
GROUNDWATER. Accordingly, we strongly recommend continuing the denial of groundwater use
by Steele Canyon Golf Club and the Steele Canyon Estates Homeowners Association, an original
condition that allowed the golf course to be built.
Sincerely,
r
~l\ß-v~~lý
Dan Neirinckx
Chairman
cc: Supervisor Dianne Jacob, 2nd District, County of San Diego
Chairman, San Diego County Planning Commission
Steele Canyon Golf Club, LLC
Steele Canyon Estates Homeowners Association
Valle de Oro Planning Group
Swcetwatcr Authority
OIay Water District
OOOOqa
11-9
-----_.,---~~-------,._-_."~_.~--~
09 December 2003
Jamul-Dulzura Community Pl:lllning Group
PO Box 613
Jamul, CA 91935.
Mr. Gary Pryor ",--,' . ,/ ,
Director, Department of Planning and Land Use ..- '.1 ,.I
County of San Diego
520 I Rullin Road, Suite B
San Diego, CA 92123-1666
Chainnan Byron Wood
Planning Commission
County of San Diego
5201 Rullin Road, Suite 13
San Diego, CA 92123
Supervisor Dianne Jacob, 2"Ù District
Board of Supervisors
San Diego County Administration Building
1600 Pacific Highway, Room 335
San Diego, CA 92101-2470
Subj: SPA 96-007 & 1>85-10IW2 - Groundwater Irrigation Revision for the Steele Canyon
Golf and Country Club
On August 27, 1996, the Jamul-Dulzura Community Planning Group reviewed the above named
application and voted unanimously 11-0-0 in favor of restating our stron!! opoosition to the
removal of current prohibitions that would allow the use of groundwater for the golf course.
Again today, 09 December 2003, we have reviewed the above named application along with its
accompanying Draft Supplemental Environmental Impact Report (EIR) for the Steele Canyon
Golf Club and voted 10 FOR. NONE opposed with 2 abstentions (Ellison & Wragg) in favor of
restating our stroßl!: ODDosition to the removal of current prohibitions that would allow the
use of groundwater for the Steele Canyon Golf Club and the Steele Canyon Estates
Homeowners Association.
It should be pointed out that the Draft Supplemental Environmental Impact Report (ErR) for the
Steele Canyon Golf Club was not provided for comment to the JDCPG, one of the two Planning
Groups responsible for making land-use recommendations for the project. The existence of the
DEIR was made known to the JDCPG at its 11 November 2003 meeting after the expiration date
for public comment. We subsequently were provided with copies of the ErR for review.
The major difference in today's application from that of 1996 is the proposal to use over
twice as much I!roundwater than previously proposed. In addition to irrigation uses for the
ISO-acre golf course, now the proposal is for additional use of groundwater by the Homeowners
I OOOO~9
11-10
.~.__.n ----_._,..~-_.._.
Association for its 12-acres of common areas including roadsidc landscaping, four "pocket"
parks, and the clubhouse area.
· The Draft Supplemental Environmental Impact Report (ElR) for the Steele Canyon Golf Club
correctly states that there are significant effects/impacts regarding the use of groundwater. The
significant impacts include: "Use of groundwater resources has potential to impact groundwater
availability"; "Use of groundwater resources has potential to impact Sweetwater Authority's
(SW A's) ability to convey water from Loveland Reservoir to Sweetwater Reservoir"; "Reduction
in available surface/subsurface water has potential to impact riparian habitat"; and "Reduction in
available surface/subsurface water has potential to impact coastal sage scrub and upland
resources. "
The mitigation measures proposed, "implementation of a groundwater mitigation and monitoring
· plan," are not considered adequate. The JDCGP considers the significant impacts NOT to be
mitigable. Again, the project was approved on condition that there be NO USE OF
GROUNDWATER.
This project was originally approved, under the name of Lorna Del Sol, with the provision that
there would be no use of groundwater in the project. We were assured by the applicant that their
design of a "target golf course and the extensive use of zeroscape" in their landscaping plans
would successfully alleviate the need or desire to use groundwater then or in the future. It was
with these assurances for no use of groundwater, that the applicant was able to get approval.
Today, their 27-hole golf course has green fairways, and grass is used extensively for landscaping
· in their common areas. This is in direct conflict with their approved landscaping plans.
Comments !Tom our previous minutes on this subject are provided in ATTACHMENT A to this
letter and include:
mCPG MINUTES of 14 MAY 1996, Agenda Item 12. Steele Canyon Golf Club Water study
Discussion - Dan Kjonegaard reporting.
mCPG MINUTES of II JUNE 1996, Agenda Item 8. Steele Canyon Use of Groundwater
Discussion - Frank Hewitt reporting, including JDCPG Letter of 11 June 1996, Subj: Steele
Canyon Golf Course's Petition for Use of Ground Water; Recommendation for Denial.
mCPG MINUTES of 23 JULY 1996, Agenda Item 10. P85-101W, Steele Canyon Use of
Groundwater for Golf Course - Frank Hewitt reporting, including JDCPG Letter of24 July 1996,
Subj: P85-101W, Steele Canyon Use of Groundwater for Golf Course.
mCPG MINUTES of 27 AUGUST 1996, Agenda Item 6. SPA 96-007 & P85-101W - Janet
Mulder reporting, including mCPG Letter of 28 August 1996, Subj: SPA 96-007W & P85-
10 I W, Groundwater Irrigation Revision for the Steele Canyon Golf and Country Club.
Today, just like they did before, the applicant says that they are asking for "limited use of
groundwater", and that a monitoring process could be put in place to ensure compliance. The
121-11 000100
JDCPG questions the ability of a monitoring process to be effective. Enforcement is dí11ïcult at
best, dependent often upon complaints by còmmunity members to alert the county of a problem.
Essentially, the applicant will draw down groundwater levels, deplete our scarce groundwater
resources, and then have community members complain about their non-producing wells.
The heavy use of our precious and finite groundwater resources does aflèct people within the
jurisdiction of our planning group who are dependent upon ground water. We need to seriously
look at a prioritization of the use of groundwater to determine whether better use is for those
dependent upon it or for a recreational use such as watering the golf course and the additional
proposed use by the homeowners association.
Our planning group remains concerned about the cumulative impacts to groundwater availability.
Also we question the value of conditioning a project only to have the developer return to have
conditions removed soley for their economic advantage. Allowing the applicant the availability of
essentially "free" water will not cause water conservation, but will have the opposite affect.
We urge you to support our consistent position - NO USE OF GROUNDWATER by new
golf courses. Accordingly, we strongly recommend continuing the denial of groundwater
use by Steele Canyon Golf Club and the Steele Canyon Estates Homeowners Association,
an original condition that allowed the golf course to be built. .
Sincerely,
·_-'G0V
' ~'
\::::;7,-"
Dan Neirinckx
Chairman
cc: Steele Canyon Golf Club, LLC
Steele Canyon Estates Homeowners Association
Valle de Oro Planning Group
Sweetwater Authority
Otay Water District
3 OOOlí\l
11-12
__ _._.___,.,__~.._"___m'__
...' nrrlirnlrrl In ('OI>1I>1""il~ SeMi"r
2554 SWEETWATER SPRINGS BOULEVARD, SPRING VAllEY. CALIFORNIA 91918·2096
TELEPHONE 670·2222. AREA COOl: 619
July 19, 2004 W.O. 8494
County of San Diego
Department of Planning and Land Use
5201 Ruffin Road, Suite "B"
San Diego, California 92123
Attention: Bill Stocks, Project Manager, MS 0650
SUBJECT: Steele Canyon, Specific Plan Amendment SPA 96-007
Dear Mr. Stocks:
Otay Water District (OWD) is in agreement with the County Planning Commission decision of
June 25, 2004, to deny the use of groundwater by Steele Canyon Associates (SeA). OWD
thanks you for forwarding a copy of the Specific Plan Amendment proposed by SCA showing
the revisions made to the previous draft, and for the opportunity to review the same and
provide you with our comments or concerns.
On July 7,2004, the Otay Water District Board of Directors authorized the General Manager
to send a letter to the County of San Diego validating the position taken by a previous Board
opposing the use of groundwater.
Please note that OWD reviewed and considered a similar proposal from SCA in 1996. Then,
as now"SCA proposed to amend the existing Major Use Permit P85-1 01 to allow it to use
ground water, at its discretion, to irrigate the Steele Canyon Golf Club golf course (Golf
Course). In the current version of the proposed Specific Plan Amendment, the Steele
Canyon Estates Homeowner's Association would also be allowed to use groundwater to
irrigate its common grounds. As you may know, at the time the Golf Course was constructed,
OWD installed a water system intended to provide the Golf Course with. sufficient water to
meet its needs. Therefore, in 1996, after considering the proposed amendment, the Board of
Directors of OWD opposed it. Their specific concerns were set forth in a letter dated August
21, 1996 and addressed to Mr. Curt Gonzales at the Department of Planning and Land Use
with the County of San Diego. I am enclosing a copy of that letter for your reference. Please
note that the concerns expressed by the Board in 1996 remain valid for OWD to this day.
As a final comment. OWD would urge and require that, if the proposed use of groundwater is
approved, sufficient safeguards be established to prevent backflow contamination of OWD's
water system.
Please do not hesitate to contact me at (619) 670-2210, should you need further information.
~'
U' "L
~.. ,
-
Mark Watton,
Interim General Manager
Enclosure OOOO~J2
cc: Manny Magaña 11-13
Rod Posada .. ^"H_~""_"_""""___~__'" .-- .
'_111"'0'1--
SAN DIEGO COUNTY PLANNING COMMISSION
Regular MeetIng - June 21, 2004
DPLU Hearing Room, 9:00 a.m.
he meeting convened at 9:00 a.m. and adjourned at 4;09 p.m.
tOll CAll
Commlsslcnr Pl'8Hnt Beck, Brooks, Day, Edwards, Kreitzer ;
Commlsslone,. Abient MlUer, Woods ,
!
A~IsO" Pl'8Hnt Taylor (County Counsel) i
!
8f.J'f ~f1ÞM11t Hulse, StockII, Bunnemeyer, Murphy, ¡
Sibbet, layboume, RoWan, Stevenson. i
Wunderly, KJycz, Blackson, Spar, ¡
Melby, Esperance (Owenl, Recording !
,
,
Secretary) ,
!
I. Dl,.ctor's ReDOrt: i
Q,tvld HyIM: !
,
,
¡
On ,June 23, 2004, the Board of Supervlaora approved the Greenhills ,
i
Ranch SpeciIic Plan and allO heard an appeal of the two cell sita. in the I
,
Valle de 01'0 Coinmunity and directed the applicant ID prepare an EIR. I
I
There was also a recommendation from the Board of Supervisors at the
June 23, 2004 hearing ID consider the role of PERB, and whether It Ihould
be disestablIshed and their responsibilities moved to the Planning
Commission. Staff will prepare a recommendation for the Planning
Commission to consider in the near future.
QþlIJ SwItzer:
An updata of the Board of Supervisors hearing on June 18,2004 wal
presented ID the Planning Commission.
.---- -- ..- -- - . .-.
11-14
- ...-._..._.._'."-.-.---'---~--'---
--..-..--- .-..-.-- ----- --J --- ..
Page 3
4. =~ ~~n~:~o::r~:.=o7~-=":.Ö:- ~A ".001:.
· JamullDulzul'l Plan A.....·
The project proposes to amend the Steele Canyon/loma Del Sol Specific
Plan and to modify the Major Use Permit fer the Steele Canyon Golf
Course to allow the use of Ilroundwaterfor Irrigation purpoaea. The
proposal would allow in18nnlttent groundwater extraction to supply aD or
portions of the water needed to irrigate the golf course and the common
landacaped areas within the residential portion of the development
Groundwater Is proposed to be drawn from 8 wells and would be used to
Irrigate 150 acres of golf course and 12 acres of common landscaped
· areas, which includes roadside landacap ng, four pocket parks and a
dubhouse area. This Specific Plan Is located northerly of Jamul Drive
between Cotton Springs lane and Fowler Canyon Road and lion the
boundary between the Valle de Oro and JamullDulzura Planning Areas.
Staff P~,*Usm; Stocks
ProDOnents: 14; OoDOn.m.: 1
Both the Planning Groups and the surrounding property owners testified
that to allow Steele Canyon a modification to the major use pennlt for the
golf course to allow the use of groundwater for irrigation could create
problems for homeowners who are dependent upon their wells for water.
Dlacu"'2!!:
Commlaaioner Brooks has concems reg,arding,. the monitoring that the
applicant Is proposing, and whether or not It would be enforceable by
DPlU. Mr. Wunderly replied that the County would have requlrementa
that are outlined in the Groundwater Monitoring Management Plan.
Information on groundwater level. Is collected, under the oversight of a
Certified Hydrologist, and submitteclto the Department once a year. If at
any time of the year limits specified In the GMMP are exceeded, the
applicant Is required to notify the County within 5 days and they will then
have to submit reports monthly.
Commissioner Beck expressed concerns that the County is experiencing
the worst drought In 500 years. AvaHable fresh water to serve the public
and not private enterprise Is a big issue. He understand. why the
consultanta for the appllcanta are proposing this project and why they are
making an argument that It Is the right thing to do, but does not
- "->-
11-15
·
"-,~.""~'""'" "un.. AU, 6VV'"
Page 4
understand why County sta1f thinks this is good public policy within a basin
that provides drinking water. Property owners, who have lived In this area
for many years, have concerns that their wells may dry up. The original
agreements for this property were based on the fact that no drilling would
be done and they would not use groundwater
ComrnisslQner Edwards said In 1987 this project was conditiQned upon the
use of no drilling and no groundwater. If the project is going private In
2005 it appears to him that this may be an attempt to shift public water
resources ID a privalll enlllrprlse. He does not believe this Is the time or
place to be using water in the manner In which it Is being proposed and
would not support staffs recommendation.
Action: Kreitzer - Beck
Recommend that the Board of Supervisors deny SPA 96-007 and pe5-
101V'1 because the project was conditioned in 1987 upon the UH of no
drilling and no groundwater and now the applicant is trying to reverse that
decision. The U.S. Fish and \/VUd\ife Service has submitted a letter
expressing concems or what would happen to the riparian areas
downstream. The Iou of a few feet of water can have a significant effect
on many plants, which in tum alfecta the wftdlife. The Sweetwater
Authority also submitted letters, although they are dated back In time,
stating that the proposed groundwater extraction win create adverse
impaçts on both the quality and quantity of groundwater In the Sweetwater
System. San Diego County is presently experiencing the worst drought In
500 years.
Ayes: 5 - Beck, Brooks, Day, Edwards, Kreitzer
Noes: o - None
Abstain: o - None
Absent 2 - MOler \Noods
11-16
- _..,.~._-~---_.,. -,-----
¡'age lull
_______0_____
From: liz marallo [marallo@cox.net]
Sent: Tuesday, June 08. 2004 8:34 PM
To: Stocks, William
Subject: Opposed to SPA 96-007. P85-101W2
Dear Mr. Slocks,
The purpose of this email is to provide written confirmation or our telephone conversation regarding opposition to
projecVcase numbers:
SPA 96-007, PB5-101W2, Appticant:Steele Canyon Golf, LLC.
We believe the impact on our existing well and those of our neighbors in the surrounding community would be
significant if the applicant is granted approval. After years of drought conditions, an approval of such an
application would be devastating to our neighborhood.
Years ago, when the Steele Canyon Golf Club was being developed, we recall promises made to the
homeowners by the developer that wells would nol be drilled. The golf club is a business and as such has the
means through sales of it's private memberships costing thousands of dollars, public greens fees and monthly
home owner association fees to pay the Otay Water District for water, reclaimed or otherwise. Homeowners in the
area with wells will not have the benefit of recouping expenses as a result of the necessity to potentially drill
deeper wells, additional repairs of pump equipment from excessive use to maintain waler levels, increased
electricity cosls to draw sufficient water supply. and at wars I a dry well in order to subsidize the corporate
existence and profits of Steele Canyon Golf Club.
We are opposed Lo the approval of this project.
Respectfully.
Liz and Don Marallo
3120 Indian Mills Lane
Jamul. CA 91935
phone: 619-442-5815
OOOO~7
11-17
¡;11 nnnnd
...,--....-. _._~---
r--1
STEEllE
ANY@)N
October 16, 2004
I would like to introduce myself as the new Director of Membership at Steele Canyon
Golf Club. 1 am vel)' excited about the opportunities and challenges that lie ahead and
feel fortunate to be a member of the management team here at the Club.
As you visit Steele Canyon over the next few weeks, I invite you to stop into my office to
introduce yourself. This is also an excellent time to ensure that we have the correct
contact information for you and your family, as well as an updated photo, on file.
I will be working diligently over the next few months to develop and implement
programs designed to directly increase the membership base of Steele Canyon. I am
confident that our membership can grow steadily as we move towards full privatization of
Steele Canyon. In the interim, I welcome any feedback.that you may have about
Membership and the Club in general. I feel that this information will be invaluable in
helping me to attract and retain new members. I encourage you to contact me either by
phone, email or in person to share your thoughts and opinions.
I look forward to meeting evel)'one individually, and working together in the future.
B t regards,
~Y\1(~
Melissa Brown
Director of Membership
619·441·5016
mbrown@steelecanyon.com
3199 Stonef¡eld Drive
ramul, California 91935- 1527
Phone, 619/441-6900
Fax, 619/441·6909
www.steelc:canyon.com 11-18
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This Loma del Sol Water Agreement (Agreement)' is made as
of November 15 , 1989, bet.ween otay Water Dis't..r~ctt a ' "
municipal ~ater district formed u~Qer.tbe Muni~ipal Wate~ Act-
. .
of 1911 (District) ana' $tee1e Ca~on Development' Incorporated.
a California corporatio~ (Developer), who agree as follows:
1.
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Facts.
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" This Agreement' i~ made in cont:emplation' of the follOWing
facts and circumstances:
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Developer owns approxi1Dately 493 acres' 'in the
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unincocporated ,area of
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San Diego County,
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partiC:l.1lar~y described -in Sx~ibit A (~eve;lope;r:.'~ Property).
Developer has obtained ~pprovals incl;lJding Specific ~lan a5-~S,.
from' the County of San Diego for Developer's Property.
Approved uses fot Developer's Property include a '27-hol.e golf
course, clUbhouse c:nid 'maintenance faci11ty (Golf ~roj ect) , a
, , .
376-unit resort botel 'and conference center (Resort Project),
and
145
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proj ec:t) ,
(all .'berein
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collectively referred to' as tbe nprojec~sR) ~ - TPe'l.oc.a.tion of
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the Projects, is reflected'on Exhibit B attached her~to.
b. Oistri..ct is responsible foe providing water
. .
'~Clrvice to the area with1n its' district boundaries, inclucUng
the area ~nown as tpe Nortb Di~tr~ct. D~veloper'~ property is
w~thin the North Dist~ict.
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d. peve1oper's need for Water for the Colf Pr~Jec~
'shall be 108 equivalent dweflinq units (E.D. D.s) in Improvement
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i. ~o 6-inch meters for golf 100 E~D. U.s
course irrigation
ii. one Z-incb meter for irrigation 8 E.D.U.s
a'. . Diatl'ict and Developer acknowledge and agree'
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2. Paymen~s to District b~rDevelopef.
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b. ~he total fees pUI'~uant :to this Agreement shali
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a'ccordingly I;le' $297,000 wnich Developer shall pay to Dist.rict
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on or before December 31, 1989. . If' for any reason ~fuc:h fees
are not paid on or before December '31, 1~B9,. t.hen the fees
shall be paid at the rates in effect on tbe date of payment as
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set forth in the District Code of Ordinances.
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Except for- the payment gf fees pursuant tg
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. .. ",
. ,
payabl'e, to District, Distr'ict hereby acknowledges' tha~ entq
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into this Agreement satisfies 'all current requirements for the
payment:. of any impact fees, charges, dedications.. reservations
O~ any other' form of requirements against the Golf. Pr~j'ect
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reI a:ting to tbe provision or 'f~ndin9 for the Supply of water. .
3.
Alternative Water Supply.
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. capable of sustaining' 'golf courseJrL~ation 'witbout' tbe u~e of
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water from District for ~p ,-to,' four ~) consecu,tiV'e .',summer
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JllQoth&._pu" HYf!ar '(1.. e. July 'th'rough- 'OCeOb~.IJ ..: Developer bas
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satisfied such ~equirement by agreeing to provide apprQx~mately
35 ~illion gallons of lak~ storage ana by preparing th~ nLoma
del Sol' Permanent Water PI an" dated October 19~9 f a copy of
whic:::h has been del i~ered to ilnd rev iewed by Distriet, and by
entering in~,~ this Agreement t9 implement the recommendations
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coni:.ained in t.hat:. Study.,
Nov-16-D4 11 :57am From-COX CASTLE & NICHOLSON LLP
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r-18Z P,005/014 F-041
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Aaaiti~nally, Developer has obtained a groUnDwater report
preparea by Geocon pursuant to wbich'~he Developer prcpose~ tD
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use up to 316 acre feet of groundwater per ,year. Developer bas
filed such report with County of San Diego hyar~logis.t .John,
pet'erson. District acknowledges and agr~es. that use of such
gI"oundwater is subj ect to the Developer 1 s obtainin9 'required
governmental approvals. Developer agrees to dil igently "Pursue,
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obta.ining suc::h required governmental apprOVals.. Devaloper I s
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inability to obtain such requlred governmental. apprav.als shall
hot be deemed to be a Q~~ault by Developer of' its obligations
under this Agreement and sh~ll have no effect upon this
Agreement including without limitation Oistrigt's co~itment to
provide water service to Developer as provided herein.
Should OeV'eloper not be" 'in' a. p~si tion to util ize
groundwater' for golf course irrig_tion,' Develope~ acknOwledges
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that the approximate 35 million gallons,' of on-site lake.'
storage, a.s set forth in t.he above-referenced, Lama eel Sol
Permanent Water P1.an, S'hall be' sufficient. to m'ai-ntain a~equate .
golf course i.rri~ation SUbject to Lorna del Sol's drougpt
contingency planning, and Developer understands it may be
necessary to operate "the golf. course within ~uch c.onstraints
,during times when 'District w~ter may be unavail'able for' as
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. much as four (4)'. consecut.ive .months.
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Vnaer the arougbt
contingency planQing, Developer,would reduce irrigation to the
appropriate priority upon interruption of water service as set
out in ~he Plan and ma:i,nt:.ain the irrigation necessary to
withstand a full four (4) consecutive ~on~hs of interruption.
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4.. Reclaimed Water..
District has requested fhat Developer make every.
effort to utilize reclaimed water for golf course irrigation.
Accordingly, Developer bas submitted to D4.st.rict a reque:iit. for
use of reclaimed water, dated July 19, 1989. . It is understood
that appropriate governmental approvals must be obtained in
order: for reclaimed water t'o be made ava.ilable to Pevelapet:
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however.. Develope" has agreec to plan ana con~truct 1tlj golf.
cou~se irrigation system to accept reclaimed water ~hen ahd if
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it is made available iIi the future. Inability to receive
appropriate goverI11llental approval$ shall not be deemed to be a
aefault by neve~oper of its obligations ~der the Agreement and
shall have no effect upon' this Agreement including,. without
limitation, District.' s commitment' to provide water serv ice to
Developer as provided herein.
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s. . Water Service for Golf Proiec~~
a. 'District acknowledges ,and agrees that
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notw ithstanding anything to the .contrary contained in that
certain Apl"il ~9, 1989,' Otay Water District Report on
Allocation of Water Bequests based on Water Availability, as
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amended or included in any. other report or ,system of allocation
adopted by District CWater Allocation PlanJ, District shall
supply to Developer' (prav ided that such water is avail able ftom
. the San Diego County Water Authority or other SOUrces): two 6q
permanent. irrigation meters, and one 2." permanent meter for
Nov-16-04 11:57am From-COX CASTLE & NICHOLSON LLP
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water service to the Golf. .project..
District' sball provide
these ',permanent ~eters.. upon receipt of' wr~tt.en request by
Developer at any tim@ after October 1, 1989. Th~ Distric~ will
not b~ requi red to prov ide an addi tional one 1. meter f or the
clubhouse and tbe maintenance building . except' upon normal
processing through the Water Allocation Plan.
Al though
Develo~e.r is not required to pay fees for this 1" meter under
this Agreement, the total fees when such meter. is allocated
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shall be those then in effect acco!:ding to District I s Code ,of
Ordinances..
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6. Interruptibilitv of Water to Golf Course.
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a. Developer ana District acknowledge ana agree
that in t.he event of a ',aeclared li~ter shortage, District. c,an at
'any time aeactivate DeVelope~' s t:wo, 68 and one 2" irrigation
.meters for the Golf froject for such period of t~me ana on ~uc~
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conditions as the District; in its sole discretion, sba11~deem
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necessary. . Developer agrees to .bold District, its cUrecto.ts,
',officel:s and employees harmless for' any aamage or loss which
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Devel Opel shall suffer or .incur .as a resul t 'Of the District' $
allowable interruption of service .'to ,~l'1e Golf Project as
prov iaea above..
b. District shall not. interrupt or liIPit water
service to tbe Golf Project, unless such interruption ,or
limitation applies to o~her simUar golf course 'or landscape
irrigat.ion' customers with similar agreements within the. Otay
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Water Dis~.rict.
Nov-1S-04 II :57am From-COX CASTLE & NICHOLSON LLP
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r-182 P,QQ8/014 F-041
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7. Water Serv ice t.o the Resort Pro; ec~ and Resident,ial Pro; ect.
a. So long as Developer' is not in c1efaul t under
this Agreementt District shall prov i&:ie water service to -the
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. Resort Project and the Residential Projec:c in accordance'liith
the allocation procedures of the District Wat'er Al.locatian
Program and water av~ilabil itl' from the COlJn~y Wat.er Authority
or otber sources.
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: b_ Upon entering into this Agt:eement, District.,
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shall ,select a consultant to 'prepare a 'sub ~rea master plan
(QSAMpn) of facilities to provide service. to Developer's
Property. The SAMP shall analyze the cost of. and the required
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fac11ities needed for water service ~~ the ~roject~ and to the
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existing and future customers within t:.he North District .(based
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Upon currently approv.ed community ana general' plans~. Il'he SAMP
The SAMP snall assume that terminal water st:orage 'faciiities to .'
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shall analyze t?e ter~,inal water. sto~age neecs' of, the Proj ect...
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the Proj ects . shall b~ satisf 1ed by Developer' s' payment of the'
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then applicable terminal storage fees ~or EOOs ~equired by' the
i'roj ec:ts., The' SAMP shall also -prav ide for the allocation of
,c~st to D~velopers for the Projects and the EOOs'used ~.others
who are benefitting from the public facilities needed as
oescribed in- the SAMP.
The SMP. shall also rev iew and
. recommeno' t.be appJ::opriate setting of the improvement district
boundaries for DeveloPer's Property taking into account. the
various p.ressu~e z.ones of' Developer's property and the 'proposed
legal loti' to be created pu~suant to approved. or
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pending
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T-182 P.009/014 F-041
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,tentative maps.
upon Developer.s and Distr.ict's review ana
District's approval of the ,SAME', Developer' shall make
appropriate arrangements, to pay Distr;i.ct its poz:-tion of the
cost of the facilities as ptovided in'such SAMli' ilnd a portion
of the cost of preparing the SAMP~ 'The. portion of the SAMP
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preparation cost shall be based, Upon t.he rat;o by whicb the
portion of the cost of the facilities borne by. Peveloper bears
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to the total cost of such n~~ded facilitie~., Opon execution pf
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this Agreement, Developer shall deposit with District $10,000
towards the cost of the ~reparation of the SAKP. 'Developer and
District a.nticipate that public . financing, for, example
improvement district. financing, m~ be Dsed to pay for all or a
portion of the costs of the facilities ,identifi~Q in the SAMP,
ana, if appropriate, to reimburse Developer for costs advaDced.
6,.
District acknowleages and agrees that Developer
may, from time to time, process amen~e:nts to :i.t~ Golf Project"
which amendments may inclur:3e the, addition OJ: deletion', ,of
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property... District..shall provide service to such Golf Project'.
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as amended, so long' as such ~endments w~l no't bave the effect
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of increasing. the aggregate EDDs Developer ne~as for its Golf
Project. .', . . ". ." I"'" .",.'
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District shall, - upon request by Developer,
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pro'! ide a .statement that permanent water ser:v ice will be
available for the Resort Project and the Residential Project in
the form of an navailabil ityn or nwill serv'e" letter, which
may be made sUbject.to any conditions or l~mitation that'would
Nov-16-04 II :57am From-COX CASTLE & NICHOLSON LLP
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tben be' applicable Districtwide."
District may charge its
applicable fee for recovery of proCessing costs for each "such
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approval, authorization, or. assurance statement furnished ~y
District at the'request of a Developer~ in aceordanee with Otay
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Water Di5t~ict Code of Ordinances. BDWev~rt no permanent meter
shall be connected for the Resort: Proj ec~ or the I{eSidential
Project. Until District is reasonably sati~fi~d that Developer"
will participate in its share of the cost of the required
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facilities described in the ~AMP_
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B.
Provision of water Service Assurances.
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If Developer bas complied with its obligations under this
Agr~ement, District' from tim~'t~'time shall, u~n request fram
Deve..ioper," prey iae 'appropriate appr,ovals, . autboriz atipl1s, and
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aSSurances 'pertaining to proviai~9 water '~ervice to the
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Projects as may b~ necessary to p~ocess and ob~ain a~ permit,
approval, . tentative or final 'subdivision,' or parcel map,
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.response to an env ironmental ." impact repo'ct,' " Or other:."
governmental ,authorization necessary
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or
desi rabl e for'
: de.Velopme~t of, the proj ects. . -Witbout 1 hnit.ing', t;lH~ gene'ral ity ,
of the 'foregoing, District .shall, upon' re.que,st by Developer.
previde a s1:atement that (al, provisiops and conditions
contained in the Wa"ter Commitment have' been satisfied, (b)
. necessary arrangements have been 'made by Developer with
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District 1:0 provide on-site water storage, al~ernat:ive water
supplies, and the major facilities to assure water ,availability
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to the Golf proj eat, (el . all conditions relating to water
serv ice to the Golf pr OJ ect containea tn County of San Di~90
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Ma~o.t" Use perm;t PBS-1Ol 'have been assuted to District's
sat.isfaction anolor ,Cd) pe~anent water service will be
available for the Golf Project in the f'orm. of an "availilbi~ity"
br IIW ill serve- letter.
District and Developer agree that
rega.cQless of any commitment or, service avaUabil ity letter
provided by District, Developer
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shall only regeive water
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service in accorgance with the" allocation prgcedures of t.be
District Water AllQCatiC?~ Program ana water availability from
tbe County Water - Authori-t:y or other SOUrces.
District may.
charge its app~icable fee for recovery of p~oces5ing costs fer
eacb such apptaval, authorization; or assurance statement
furnished by District at the request , of Developer,. in
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accgrdance with Otay Wate~ District Code of Otdinances~
9. ~emporarv Meters.
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If De~eloper is ready to commence grading or construction
at any pbase of the Golf Project, before it is possible to
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ob~ain installation' of permanent water meters,',District agrees
to prov ide temp,orary water - ,meters 'to Dev~oper as, needed to
allow commencement of grading and construction ana continuance
of sueh grading and construction activitie~.
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Nov-16-04 11 :57am From-COX CASTLE & NICHOLSON LLP
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lOa Miscellaneous.
a. If any legal action is commenced to enforce or
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interpret a~ provision of this A~reement. the prevailing party
or parties shall be entiUed to recover from the other party
reasonable attorneys' fees and costs incurred in connection
with such legal action_
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b. Any notice to be given hereunder in connection
with matters arising par~~ant to this A9re~@nt sball be deemed
de~ ivered ,upon either personal service or two business days
after deposit in the United States mail, registered or
certified, return receipt requested, postage fully prepaid,
addl"essed to .the aadressee at tbe address set forth below or
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such other address as may. be designated in writing by the
subj eet party from time to time by no1:ice given in accQrdance
with the foregoing:
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"l'o District;
OTAY WATER DIS~ICT
105.95 Jamacha Boulevard
Spring Valley, Caiifo:nia 92078
Attn: General Manager
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1'0 Developer:
STEELE CANYON DEVELOfMf.rNT, INC"
P.o.. Sox 446
.National City, california 92050
Attn: -A. B. Beaucbamp
and to:
WILLIAM ~" SCHWARTZ., Ill.
Worley, Schwartz, Garfield ~ Rice
401 nan Street; Sui~e ~lSO
San Diego, california 92101
Nov-16-04 11:58am From-COX CASTLE & NICHOLSON LLP
+949-476-0256
T-182 P.013/014 F-041
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c. Any.attached exhibits to which reference'~s made
herein are hereby incorporated by this reference.
a. When the context so regui res and when used ill
thJ.s. Agreement, tile singular. sh'all. be . de~JneQ to' inclu~e the'
plural and tbe pl ural shall be deemed to in~lude the' singular.
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e. This Agreement is the entire agreement between
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the part.ies hereto with respect to the SUbj ect mat:ter hereof
and
supersedes
all prior
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representations,
warranties.
agreements, and promises with .J:espect. to' the sUbject mat~er
her eaf.
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f.. The parties heret:o shall sign or cause -to be
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signed such further oocuments and ~hall perfor~ or cause to be
performed such !urther. actG nece~sary ~to consummate the
transactions contemplated bereunaer.
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9.
~his Agreement may be'm~dif~ed or rescind~donly
~y a, wri.ting signed by all parties ,to this Agreement..
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. hoO All parties . bave agr eed to the use. of the
particul ar language of t~e prQv isions' of this Ag'reementr and
any question of Cloubtful interpcetat.i'on shall not .b~ resolved
by any rule of. int:eL'p~eta.tion provicUng. for i~t~rp~~tat~on
against. the party who causes the uncertainty to .exist. Qf the
dr o1!:lft:sman.
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i. The captions used in tbis Agreement are 'fer the
C'Onvenience of. tbe parties only and shall not be used . in the
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interpretation of this Agreement.
j. This Agreement may be. exe~u'ter.i ,in one or mOJ:e
counterparts, all of which together shall - constitute one
otiginal document.
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k. No employer/employee, jOint venture, partnez:ship,
or agency r~ation5hip is intended ot crea~ed bY tbis Agreement.
~EELE CANYON DEVELOPMENT, INC.:
STEELE CANYON DEVELOPMENT, INC~
a Califo~nia Corporation
OTAY:
~TAY W~T~B DIS~ICT,
a Municipal Water District
By; ~g&--~L~;7-'-:;
''1'itl e: @~M...-/
BY;.~~~ -.~
. C/
, 'T i tl e: GENERAL MANAGSR
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