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HomeMy WebLinkAboutAgenda Packet 2005/06/14 , CITY COUNCIL AGENDA , June: 14,2005 Budget Workshop 4:00 p.m. Regular M~eting 6:00 p.m. Council Chambers I Public Setvices Building 276 Fourth Avenue, Chula Vista i ! I ~.~f? : ~ ~~~~' en]y OF CHUIA VISfA City Council Patty Davis John McCann Jerry R. Rindone Steve Castaneda Stephen C. Padilla, Mayor €ity Manager David D. Rowlands, Jr. City Attorney Ann Moore City Clerk Susan Bigelow i i I ****1****** The City Council meets regularly oh the first calendar Tuesday at 4:00 p.m. and on the second, third and foprth 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 availabl~ on the City'.s website at: www.ch~lavistaca.gov ; ****!*****~ i i AGENDA I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according to Brown Act requirements. Dated .h1101 05 Signed~~ /:.fUuJ:r.y June 14,2005 CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE . BUDGET WORKSHOP DIVERSE CULTURAL, OPPORTUNITIES RECREATIONAL AND EDUCATIONAL A. Opening of New Parks and Recreation Centers B. Universally Accessible Playground Equipment C. Mobile Recreation Programs and Satellite Classes D. Healtby Lifestyle Initiative E. Construction of New Rancho Del Rey Library F. Enhanced Library Book Budget G. Enhancements to Parks Reservation System H. Opening of Nature Center Discovery Center FISCAL STABILITY AND COST-EFFECTIVE GOVERNMENT A. Internal Service Funds B. Fund Development and Grants Program C. Community Choice Aggregation D. Supervisory Control and Data Acquisition System E. Agenda Process Automation F. Online Job Applications and Benefit Enrollment G. Success of Safety and Disability Management Programs Page 1 - Council Agenda June 14,2005 6:00 P.M. SPECIAL ORDERS OF THE DAY OATHS OF OFFICE . Felicia Starr, Member ofthe Board of Ethics . Tracey Abston, Member ofthe Child Care Commission CONSENT CALENDAR (Items I through 13) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember. a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. WRITTEN COMMUNICATIONS Letter of resignation trom Cynthia Drake, member ofthe Design Review Committee. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 2. APPROVAL OF MINUTES of May 23, 2005 and May 24, 2005 Staffrecommendation: Council approve the minutes. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE MUNICIPAL CODE RELATING TO THE REVIEW AND ADJUSTMENT OF PUBLIC FACILITIES DEVELOPMENT IMPACT FEES TO PAY FOR THE CONSTRUCTION OF PUBLIC FACILITIES AND EQUIPMENT PURCHASES AND UPGRADES (SECOND READING) Adoption of the ordinance establishes an annual adjustment of the public facilities development impact fees based on recognized cost/price indexes. This ordinance was introduced on June 7, 2005. (General Services Director) Staffrecommendation: Council adopt the ordinance. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA . VISTA APPROVING A MAINTENANCE AGREEMENT BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC, BELLA LAGO, LLC AND THE CITY FOR THE BASIN MAINTENANCE, GRADING MITIGATION, EROSION, SEDIMENTATION, AND NPDES COMPLIANCE WITH THE BELLA LAGO PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 2 - Council Agenda June 14,2005 On April 8, 2003 by Resolution No. 2003-143, tbe City approved Tentative Map 00-03 for Bella Lago. Tbe Tentative Map conditions require that prior to issuance of the first grading permit, developer shall enter into an agreement to provide for the construction, maintenance and siltation removal of proposed drainage improvements and water quality treatment facilities for the project. The Developer is also required to enter into an agreement to ensure compliance with the NPDES requirements of tbe Regional Water Quality Control Board. (City Engineer) Staff recommendation: Council adopt tbe resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE PILOT SMART GROWTH INCENTIVE PROGRAM THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FEDERAL SURFACE TRANSPORTATION FUNDS FOR THE H STREET TRANSIT CORRIDOR PROJECT; CERTIFYING THE COMMITMENT OF MATCHING LOCAL FUNDS; AND STATING THE ASSURANCE OF THE CITY OF CHULA VISTA TO COMPLETE THE PROJECT Adoption of the resolution approves the filing of an application for grant funding to tbe Pilot Smart Growth Incentive Program through SANDAG to help fund a transit project that will enhance the Westside transit corridor along H Street between 1-5 and I-80S. The project will include an array of smart growtb amenities. (City Engineer) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE SAFE ROUTES TO SCHOOL PROGRAM FOR FUNDS TO IMPROVE PEDESTRIAN FACILITIES AT HARBORS IDE ELEMENTARY SCHOOL; AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS The pedestrian facilities serving Harborside Elementary School students are in need of significant improvements. To improve tbe school route along Naples Street and Colorado Avenue, an array of traffic and pedestrian facilities is recommended. The City proposes to apply for federal grant funding ITom the Safe Routes to School Program to help fund tbe project. (City Engineer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE PILOT SMART GROWTH INCENTIVE PROGRAM THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FEDERAL SURFACE TRANSPORTATION FUNDS FOR THE PALOMAR GA TEW A Y COMMUNITY TRANSIT AREA PROJECT; CERTIFYING THE COMMITMENT OF MATCHING LOCAL FUNDS; AND STATING THE ASSURANCE OF THE CITY OF CHULA VISTA TO COMPLETE THE PROJECT Page 3 - Council Agenda June 14, 2005 The City had been working with developers and the Metropolitan Transit Development Board (MTDB) to create the Palomar Gateway Community Transit Area Project - a smart growth community that is walkable, mixed use, and transit supportive. The project will include an array of smart growth amenities featuring an enhanced transit station at its core, and planned residential and commercial land uses that reflect smart growth design principles contained in SANDAG's Regional Comprehensive Plan. The City proposes to apply for grant funding to the Pilot Smart Growth Incentive Program to help fund the project. (City Engineer, Director of Planning and Building) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH T.C. CONSTRUCTION COMPANY, INe. TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) OF $1,047,961 FOR THE DESIGN AND CONSTRUCTION OF POGGI CANYON TRUNK SEWER / UPGRADE OF REACH 205 (CIP SW226) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The City Council previously approved CIP project No. SW226, and on November 16, 2004 approved a Design Build Agreement with T.C. Construction Company, Inc. for this project. The Design Build Agreement contained a not to exceed price of $1,250,000 with the GMP to be set upon receipt of 90% construction drawings. The proj ect is nearing the end of the design phase and ready to start the construction phase this month. (Director of General Services) Staffrecommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 1 AND CHANGE ORDER NO. 2 FOR VETERANS PARK, AND AUTHORIZING THE TRANSFER OF $11,984 FROM EXISTING CAPITAL IMPROVEMENT PROJECT (PR265 - FF&E RECREATIONAL FACILITIES) TO THE EXISTING VETERANS PARK CAPITAL IMPROVEMENT PROJECT (PR-238) FOR CHANGE ORDER NO.2, APPROVING THE SECOND AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH DOUGLAS E. BARNHART, INC. TO INCORPORATE SAID CHANGE ORDERS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT (4/5THS VOTE REQUIRED) On May 27, 2003, Council approved a Design Build Agreement with Douglas E. Barnhart, Inc. for the provisions and services necessary to design and construct Veterans Park. On July 20, 2004 Council approved the First Amendment to the Design Build Agreement with Douglas E. Barnhart, Inc. establishing the GMP at $8,126,180. Change Orders No. I and 2 provide for additional services requested by the City to install sports lighting at the Veterans Park soccer field, and for coordination and furnishing of indoor sports equipment, which will require adjusting the GMP to incorporate said change orders pursuant to Section 14 of the Original Agreement. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda June 14,2005 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING VARIOUS LANDSCAPE MAINTENANCE CONTRACTS TOTALING $1,385,580.29 FOR OPEN SPACE DISTRICTS 2, 3, 4, 5, 6, 7,8,9,10,15,17,18,20,23,24,26,31; COMMUNITY FACILITY DISTRICTS 97-1 STA B, 97-1 AM (OTAY RANCH), 97-1 AB (OTAY RANCH), 98-1 AND 98-3 (TCR), 98-3 (SUNBOW II), COMMUNITY FACILITY DISTRICT 99-2 (OTAY RANCH), TELEGRAPH CANYON ROAD PHASE 2 AND PHASE 3, AND MEDIANS AND PARKWAYS, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE (5) ADDITIONAL (1) YEAR OPTION PERIODS Bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to term and expire on June 30, 2005. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE BID AND A WARDING VARIOUS LANDSCAPE MAINTENENACE CONTRACTS TOTALING $18,652.27 FOR OPEN SPACE DISTRICT 1, AND $87,832.08 FOR EASTLAKE LANDSCAPE MAINTENANCE DISTRICT ZONES A, B, AND D, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE (5) ADDITIONAL ONE (1) YEAR OPTION PERIODS Bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to term and expire on June 30, 2005. (Director of Public Works Operations) Staffrecommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE BID AND AWARDING A LANDSCAPE MAINTENANCE CONTRACT IN THE AMOUNT OF $48,149.33 FOR OPEN SPACE DISTRICT 11, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE (5) ADDITIONAL ONE (1) YEAR OPTION PERIODS Bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to term and expire on June 30, 2005. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 5 - Council Agenda June 14,2005 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE BID AND AWARDING A LANDSCAPE MAINTENENACE CONTRACT IN THE AMOUNT OF $116,550.96 FOR OPEN SPACE DISTRICT 14, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENT FOR FNE (5) ADDITIONAL ONE (1) YEAR OPTION PERIODS Bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to term and expire on June 30, 2005. (Director of Public Works Operations) 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. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS 15. MAYOR'S REPORTS 16. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 17. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo · Employee organizations: Police Officers Association, Chula Vista Employees Association, International Association of Fire Fighters, Western Council of Engineers Page 6 - Council Agenda June 14, 2005 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Citv ofChula Vista vs. Evanston [Case No. GIC8l8513] B. Lang VS. American Red Cross [Case No. 03CV0871] 19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . One case ADJOURNMENT to the Regular Meeting of June 21, 2005, at 6:00 p.m. in the Council Chambers. Page 7 - Council Agenda June 14,2005 ,/ Cynthia R. Drake Drake Consulting. 11121 Saunders Ct. San Diego, Ca. 92131 Phone (619) 427-8733 FAX (619) 427-2738 Email olscindy@sbcglobal.net June 4, 2005 City of Chula Vista Mayor Padilla and City Council 276 4th Ave. Chula Vista, Ca. 91910 Dear Mayor Padilla and City Council Members, I hereby fonnally submit my letter of resignation as a member of the Design Review Committee. It has been both an honor and pleasure to serve on the committee for the past two years. I have recently sold my house, and have purchased property in North Carolina, thereby tenninating my residence in Chula Vista. I wish to convey my gratitude for allowing me the opportunity to serve on this committee. My thanks also go to Mr. John Schmitz and his dedicated staff in their work with the committee and developers to achieve perfection in all projects put forth for approval. Chula Vista has become one of San Diego County's most dynamic communities, due in large part to strategic and thoughtful planning. I enjoyed being a part of this process, and wish you and your council members continued success in developing a beautiful city and it's environs. Sincerely, Cynthia R. Drake CC: City Clerk, City of Chula Vista John Schmitz, Planning Department City ofChula Vista " 0("") 6i =1:::¡ -<-< :u nO "- T' rõ1 §ê m,Ç') 0 :::O:x: I T ~c: 0\ v>r < oJ> õ1<.- ~ m 11-'; CJ 0 _<.n 0-1 N rr'J::o.' I MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL MEETING JOINTLY WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT May 23,2005 5:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista, meeting jointly with the Sweetwater Union High School District, was called to order at 5:30 p.m. in the Sweetwater Union High School District Board Room, 1130 Fifth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Davis, McCann, Rindone and Mayor Padilla Sweetwater Union Cartmill, Mercado, Quiñones, Ricasa, High School District Sandoval Board Members: ABSENT: Councilmembers: None Board Members:None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, Assistant Director of Community Development Smith, and Redevelopment Projects Manager Crockett 1. ITEMS FOR DISCUSSION A. High School 14 / Middle School 12 B. District office/ Corporate Yard C. Update on the City redevelopment on the west side. Discussion ensued between the Council and Board members. No fonnal action was taken on this item. ORAL COMMUNICATIONS Patricia Aguilar and Nick Aguilar spoke regarding the school/City land swap. ADJOURNMENT At 6:40 p.m., Mayor Padilla adjourned the meeting to a Regular Meeting of the City Council on May 24, 2005, at 6:00 p.m. in the Council Chambers. ~L.tJ~~ Susan Bigelow, MMC, City Clerk 211-/ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 24, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 1 0 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Davis, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · ACKNOWLEDGEMENT BY DANIEL BEINTEMA, NATURE CENTER DIRECTOR, OF DUKE ENERGY FOUNDATION FOR A GIFT OF $50,000 FOR THE NATURE CENTER'S NEW GREEN SEA TURTLE EXHIBIT Nature Center Director Beintema introduced David Barnhardt of Duke Energy, who presented a $50,000 donation to the Nature Center for its new Green Sea Turtle exhibit. CONSENT CALENDAR (Items I through 7) Councilmember McCann stated that he would abstain ftom voting on Items 6A, B, and C due to the fact that he owns property located within 500 feet of the proj ect. 1. APPROVAL OF MINUTES of May 10 and May 17, 2005. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2005-162, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 PUBLIC FACILITIES DEVELOPMENT IMPACT FUND BY $98,802 AND AWARDING A CONTRACT TO EMERGENCY SERVICES CONSULTING, INC. TO CONDUCT A FIRE FACILITY, EQUIPMENT, AND DEPLOYMENT MASTER PLAN STUDY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT Page 1 - Council Minutes 2-6- / May 24, 2005 CONSENT CALENDAR (Continued) On September 7, 2004, the Council authorized the Fire Department to release a request for proposal (RFP) to conduct a fire facility, equipment, and deployment master plan study. A fonnal RFP was released on January 12, 2005. The Purchasing Agent received a total of five proposals on February II, 2005. The Fire Department is recommending award of the contract to Emergency Services Consulting, Inc., in the amount of $98,802, with an option to buy Deccan Software for an additional $25,600 at the completion of the project. (Fire Chief) Staffrecommendation: Council adopt the resolution. 3. RESOLUTION NO. 2005-163, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RETURN OF PREVIOUSLY APPROPRIATED BIKE FACILITIES (TDA) FUNDS AND APPROPRIATING EQUIVALENT TRANSPORTATION SALES TAX (TRANSNET) FUNDS TO CAPITAL IMPROVEMENT PROJECT STL298 The Council appropriated bike facility (TDA) funds for capital improvement project STL298, Bay Boulevard Bike Path ftom E to F Street. In place of a TDA grant, SANDAG assigned the City Transportation Sales Tax (TransNet) bicycle funds for this project. Adoption of the resolution modifies the project budget to reflect the appropriate funding source. (City Engineer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2005-164, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH VILLAGE I, NEIGHBORHOOD R-21; AND APPROVING THE ASSOCIATED SUBDNISION AGREEMENT FOR CHULA VISTA TRACT NO. 96-04, OTAY RANCH VILLAGE 1, NEIGHBORHOOD R-2l On February I, 2005, the Council approved a tentative subdivision map for Otay Ranch Village I, Neighborhood R-21, a condominium conversion of 168 multi-family units. Approval of the final map and its associated subdivision agreement will allow the [mal map to record, the applicant to file a condominium map, and the individual units within the project to be sold. (City Engineer) Staff recommendation: Council adopt the resolution. 5 A. RESOLUTION NO. 2005-165, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 05-02, OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENT FOR STREET PURPOSES, THE FIFTEEN-FOOT WIDE SEWER EASEMENT, AND THE SIDEWALK AND PUBLIC ACCESS EASEMENT GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 2 - Council Minutes 2 I;', 1'-'\ " ' i I':..": (.r May 24, 2005 CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2005-166, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2004-418, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On December 14, 2004, the Council approved a tentative subdivision map for 86.9 acres of the Otay Ranch Freeway Commercial Sectional Planning Area Plan, Chula Vista Tract 05-02. Adoption of the resolutions approves the final "B" map within the Freeway Commercial Sectional Planning Area and the "B" map supplemental subdivision improvement agreement for the tentative map. (City Engineer) Staff recommendation: Council adopt the resolutions. 6 A. RESOLUTION NO. 2005-167, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING SOUTHERLY PROJECT LIMITS ON THE 1- 80S/ORANGE A VENUE INTERCHANGE IMPROVEMENTS (STM-328), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT B. RESOLUTION NO. 2005-168, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND TO CAPITAL IMPROVEMENT PROJECT STM-35I FOR A CONSTRUCTION CHANGE ORDER RELATED TO IMPROVEMENTS AT 1- 805/MAIN STREET/AUTO PARK DRIVE INTERCHANGE C. RESOLUTION NO. 2005-169, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A BID FOR A CONSTRUCTION CHANGE ORDER FOR THE I-80S/ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE PROJECT FOR ADDITIONAL WORK AT THE SOUTHERLY LIMITS OF THE PROJECT IN THE CITY OF CHULA VISTA (PROJECT STM-358), CALTRANS CONTRACT NO. 11-156584 TO YEAGER-SKANSKA, INC., IN THE AMOUNT OF $1,664,116.89 D. RESOLUTION NO. 2005-170, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE PROJECT BUDGET OF CAPITAL IMPROVEMENT PROJECT STM-328 TO REFLECT APPROVED FUNDING SOURCES AND TRANSFERRING FUNDS THEREFOR On April 27, 2004, the Council awarded a contract to Yeager-Skanska Inc. for work related to the East Orange Avenue/Olympic Parkway interchange at I-80S. CalTrans and the City would like to construct certain improvements at the southerly portion of the project in order to improve traffic operations at the I-805/Main Street/Auto Park Drive interchange. CalTrans is recommending that the cooperative agreement be amended to include the revised area of work. The contractor, Yeager-Skanska Inc., has submitted a construction change order bid in order to revise the southbound and northbound on-ramps at I-805/Main Street/Auto Park Drive. (City Engineer) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes .2 13-:3 May 24, 2005 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2005-171, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING THE HOUSE AT 3487 MAIN STREET AS A HISTORIC STRUCTURE AND PLACING 3487 MAIN STREET, THE LORENZO ANDERSON HOUSE, AS HISTORIC SITE NO. 68 ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) The Anderson family has requested that their house at 3487 Main Street, known as the Lorenzo Anderson House, be considered for inclusion on the Chula Vista List of Historic Sites. The Resource Conservation Commission considered the designation of the house at its April 18, 2005 meeting and recommends that the house be placed on the list. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Items 6A, B, and C, which carried 4-0-1, with Councilmember McCann abstaining due to his ownership of property located within 500 feet of the project. ORAL COMMUNICATIONS Aileen Price, a homeowner in the Holiday Gardens condominiums, expressed concerns about losing her home due to a proposed zone change. Community Development Director Madigan responded that the Holiday Garden properties, while currently zoned commercial, are outside the redevelopment area and would not be subject to eminent domain for redevelopment purposes. PUBLIC HEARING 8. CONSIDERATION OF AN EXTENSION TO ORDINANCE 3001-A, AN URGENCY INTERIM ZONING ORDINANCE PROHIBITING THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES, FOR AN ADDITIONAL PERIOD OF TEN MONTHS AND FIFTEEN DAYS On April 26, 2005, the Council adopted an ordinance that prohibited the pennitting or approval of any new or expanded fee-based check cashing and deferred deposit uses for 45 days and directed staff to thoroughly study the issue and bring new regulations to the Council for consideration. In order for staff to perfonn the necessary tasks, additional time is needed beyond the 45 days allowed in Ordinance 3001-A. (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. Page 4 - Council Minutes '1.L/. i_I ,.,4.. /'..-/ / May 24, 2005 PUBLIC HEARING (Continued) Mayor Padilla opened the public hearing. Assistant Director of Planning Lytle gave a brief report regarding the request for the urgency ordinance extension. Deputy Mayor Davis suggested reviewing any impacts the Patriot Act rules might have on identification requirements for people utilizing check-cashing institutions. She also pointed out that some local financial institutions offer ftee checking to persons who have social security checks automatically deposited. Patricia Aguilar, representing Crossroads II, supported the proposed resolution and urgency ordinance. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Castaneda offered Resolution No. 2005-172 and Urgency Ordinance No. 300l-B, headings read, texts waived: RESOLUTION NO. 2005-172, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AND ISSUING A WRITTEN REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITION THAT LED TO THE ADOPTION OF URGENCY ORDINANCE 3001-A, WHICH TEMPORARILY PROHIBITED THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES URGENCY ORDINANCE NO. 3001-B, URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING FOR TEN MONTHS AND FIFTEEN DAYS URGENCY INTERIM ORDINANCE 3001-A, PROHIBITING THE PERMITTING QR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES The motion carried 5-0. ACTION ITEMS 9. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL YEAR 2005 FIRE DEPARTMENT BUDGET The Fire Department is requesting an appropriation ftom the available balance of the general fund to meet unanticipated personnel and services and supplies expenditures in fiscal year 2005. (Fire Chief) Page 5 - Council Minutes 26 ' 6- May 24, 2005 ACTION ITEMS (Continued) ACTION: Deputy Mayor Davis offered Resolution No. 2005-173, heading read, text waived: RESOLUTION NO. 2005-173, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 FIRE DEPARTMENT BUDGET AND APPROPRIATING $726,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND The motion carried 5-0. 10. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL YEAR 2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET The Police Department personnel services budget is projected to be over by approximately $787,677 at the end of Fiscal Year 2005. The department is requesting additional appropriations ftom the available balance of the general fund, as well as appropriations ftom the budgets for supplies and services and other expenses to cover the personnel services budget. Police Chief Emerson presented the Fiscal Year 2005 Police Department budget request. Councilmember Castaneda expressed concern regarding the delay in anticipated revenues for jail booking fees. He suggested looking at options for j ail bookings and transport of prisoners and stated his preference that the County of San Diego handle them so the City could focus on officers on the streets. Councilmember McCann suggested that the Police Department seek opportunities for lateral hiring of police officers ftom outside agencies and urged staff to work towards securing the booking fee contract with the County of San Diego. ACTION: Mayor Padilla offered Resolution No. 2005-174, heading read, text waived. RESOLUTION NO. 2005-174, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET; APPROPRIATING $482,677 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND; APPROPRIATING $200,000 BASED UPON UNANTICIPATED ASSET SEIZURE REVENUES; TRANSFERRING $30,000 FROM SUPPLIES AND SERVICES, AND $75,000 FROM OTHER EXPENSES TO PERSONNEL SERVICES The motion carried 5-0. Page 6 - Council Minutes Z¿r f/; May 24, 2005 OTHER BUSINESS 11. CITY MANAGER'S REPORTS City Manager Rowlands announced a joint City Council!Planning Commission/Growth Management Oversight Commission workshop on June 23, 2005, at 4:00 p.m., at the John Lippitt Public Works Center. 12. MAYOR'S REPORTS There were none. 13. COUNCIL COMMENTS Councilmember McCann stated that he recently attended a very successful EastLake Cycle event that lead into the Music in the Park event. He recognized Natasha Martinez, one of the organizers, who was present in the audience. The events raised over $60,000 for local schools. CLOSED SESSION Closed Session was cancelled and the following items were not discussed: 14. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 · Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo · Employee organizations: Police Officers Association, Chula Vista Employees Association, International Association of Fire Fighters, Western Council of Engineers 15. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGA nON PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One case ADJOURNMENT At 10: II p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on June 2, 2005 at 4:00 p.m., in the Council Chambers, and thence to the Regular Meeting on June 7, 2005 at 4:00 p.m. a0Ú~~ Lori Anne Peoples, CMC Senior Deputy City Clerk Page 7 - Council Minutes z8¿7 May 24, 2005 DRAFT ORDINANCE NO. _,,~o~ ORDINANCE OF THE CITY COUNCIL ~ CITY OF CHULA VISTA AMENDING 3.50 OF THE IVIUNICIP AL CODE REL THE REVIEW AND ADJUSTMENT OF R ACILITIES DEVELOPMENT IMP ACT FEES TO P Y FOR PUBLIC FACILITIES AND EQUIPMENT PURCHASES AND UPGRADES WHEREAS, in 2002, the City Council adopted Ordinance No. 2887, pertaining to the periodic review and amendment of the Public Facilities Development Impact Fee (PFDIF); and WHEREAS, the PFDIF fee must be adjusted regularly in order to maintain fee alignment with the most current building facilities constmction costs for labor and materials and typical price increases for equipment purchases and upgrades; and WHEREAS, the arulUal average changes in labor and materials costs as computed by the Engineering News Record (ENR) Construction Cost Index, (Los Angeles Index) reflect industry standards and are appropriate for the calculation of the annual PFDIF adjustment with respect to those components that are utilized for the constmction of public facilities; and WHEREAS, the annual average changes typical consumer prices as computed by the U.S Department of Labor, Bureau of Labor Statistics (San Diego Metropolitan Statistical Area) i--:£lcct typical price increases for consumer goods and are appropriate for the calculatiail of tb: annual PFDIF adjustment with respect to those components that are utilized for the purchase of new or upgraded equipment and those components for which no additional building construction is contemplated at this time; and WHEREAS, adjustments to the PFDIF based upon changes in labor and material costs and changes to the consumer price index will ensure that fees paid by new development for public facilities are based upon the estimated reasonable costs of the facilities required to serve such development; and WHEREAS, providing for an automatic annual adjustment in Municipal Code Section 3.50.090 "Establishment of Fee" will ensure that the PFDIF adjustment occurs annually; NOW, THEREFORE, the City Council of the City of Chula Vista does hereby. ordain as follows: SECTION I: That Section 3.50.090 of the Municipal Code be amended to read as follows: "3.50.090 Amount of fee A. The fee shall be the amounts set forth in subsections (B) and (C) of this section. The fee shall be adjusted, starting on October I, 2005, and on each October 1st thcreaftcr, based on the following two indexes; . 3-1 DRAFT For the Civic Center Expansion, Libraries, Fire Suppression and Major Recreation Facilities, the Engineering New Record, Building Construction Cost Index for the Los Angeles area. For the Police, Corporation Yard, Geographic Info=ation Systems, Computer Systems, Telecommunications Systems, Records Management and Administration components the V.S Department of Labor, Bureau of Labor Statistics (San Diego Metropolitan Statistical Area). Adjustments of the fee based upon annual changes to these two indexes shall be automatic and shall not require further action by the City Council. The PFDIF may also be reviewed and amended by the City Council as necessary based on changes in the type, size, location or cost of the facilities to be financed by the tee; changes in land use designation in the city's general plan; and upon other sound engineering, financing and planning info=ation. Adjustments to the fee resulting from these discretionary reviews may be made by resolution amending this section. B. The fee shall have portions which are, according to the engineer report, allocated to a specific facility ("fee components"), which correspond to the costs of the various facilities, plus the administration cost for the fee, which is a percentage of the fee components' cost. C. The fee shall be the following, depending on the land use: Land Use Fee Residential- Single-family dwellings Residential- Multi-family dwellings Commercial/Office Industrial Special Land Use Olympic Training Center Public Purpose Nonprofit community purpose facility Special purpose proj ect $6,465/DU $5,202/DU $22,744/acre $4,181/acre $22,744/ acre $4,1 811acre Exempt Exempt $ll,372/acre (Ord. 2887 § 1,2002) SECTION II: This ordinance shall take effect and be in full force sixty (60) days after its second reading and adoption. Presented by Approved as to fo= by Jack Griffin Director of General Services l~ f/nJi, 3-2 COUNCIL AGENDA STATEMENT Item 1 Meeting Date 6/14/2005 ITEM TITLE: Resolution Approving a maintenance agreement between K. Hovnanian at Bella Lago, LLC, Bella Lago, LLC, and the City for the Basin Maintenance, Grading Mitigation, Erosion, Sedimentation, and NPDES Compliance with the Bella Lago Project and authorizing the Mayor to execute said agreement. SUBMITTED BY: City Engineer ~ REVIEWED BY: City Manager P On April 8, 2003 by Resolution No. 2003-143, the City approved Tentative Map No. 00-03 for Bella Lago (see Attachment I). The Tentative Map conditions require that prior to issuance of the first grading permit, developer shall enter into an agreement to provide for the construction, maintenance and siltation removal of proposed drainage improvements and water quality treatment facilities for the project (see Attachment 2). The Developer is also required to enter into an agreement to ensure compliance with the National Pollutant Discharge Elimination System (NPDES) requirements of the Regional Water Quality Control Board. (4/5ths Vote: Yes_Noll) BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council adopt the resolution. DISCUSSION: Bella Lago is a l40unit subdivision at the easterly edge of the City, north of Proctor Valley Road (see Attachment I). The Tentative Map conditioned the streets and drainage system to be private, however, the developer has requested that the streets be public in a substantial conformance finding. To that end the developer has modified streets cross-sections to comply with the City's public street standards. The drainage system does not comply with public standards due to access issues and therefore will be privately maintained. This agreement provides for the perpetual maintenance of the drainage system by first the developer and then by the Home Owner's Association (HOA) after the developer no longer owns the land. The Agreement guarantees maintenance of all private drainage facilities and detention basins within the project through a $75,000 maintenance bond and a $25,000 cash security. Both securities are required for the construction period. Once the proj ect is built out the City can release the developer's maintenance bond however the cash security will secure the long-tenn performance ofthe HOA in perpetuity. Should the City expend the cash security due to Developer's default of its performance obligations, the Developer has agreed to redeposit the equivalent amount. The Agreement also contains provisions governing the transfer of the Developer's maintenance obligations, insurance requirements, and indemnity provisions to a Transferee (the HOA). The Agreement provides for the developer to be released from all maintenance responsibilities of this Agreement once the assignment of the agreement to the HOA occurs. 4-1 Page 2, Item Meeting Date 6/14/2005 y Currently, K. Hovnanian is processing grading plans for Bella Lago. Issuance of the grading permit is anticipated shortly after approval of said grading plans, posting of grading bonds, and Council approval of the subject Bella Lago Maintenance, Grading Mitigation, Erosion, Sedimentation, and NPDES Compliance Agreement ("Proposed Agreement"). Staff recommends approval of the Agreement to guarantee the maintenance of the aforementioned Private drainage improvements and grading. The City Attorney has reviewed and approved the proposed Agreement as to form. FISCAL IMP ACT: None to the City. The Developer is paying for the cost of City staff involved in processing the agreement. The Fiscal Impact analysis for the project has been revised to reflect that changes as proposed by the Developer. There is no negative long-tenn impact since the developer and the HOA are obligated to maintain the drainage system per this agreement under consideration tonight. Attachment 1 Attachment 2 Location Plat Detention Basins and Storm Filter Boxes locations 0600-80-BE002G J:\Engineer\AGENDA\CAS2005\6-14·05\A113 for 8ena Lago maintenance agreement v2.doc 4-2 ATTACHMENT 1 LOCATION PLAT FOR BELLA LAGO h~----:-'" W____ -'-----l i i I -" .---,; '--í---+-- -¡ r--~~~~~\,::,:,_: I 'Or- ¡ ,I, I '~'"'''U''''''' -.----1---- . ~I~ I I, I L I 11~ i [I, OTAY R.'NCH ðF .r - -- -- -----1 ~J~ ~=~.=:-~ I: -=~i-- 11=-.---1-- r-- i j I . I J G~LF i ! ~=r COURSE I ' I-I-- I I I I_L ----T-- -.Ii"'-I]lil _1- ,,,¡~"J":~,,- L _LJ PROJECT _:_ _-!.___J J'~~I~~~\ LOCATION -L j . .."·R ROLLING HILLS ,~ I r I, ~ '\~'1'¡( RANCH 1_ - \ ~JJ -- -- ----- (~'\\*~i~ìþ.i¿1f'ri;-\\\ _.~ I! ~J\&"Æ!~~~.I\ '-.,:",,:~?.\>¡. _ _. _ ¡ I i \\'s':!~"o .... ~_ -JJ i ~ ' .... ',_ ... ':"""'''"'''~'.¡,., ~/1 ! \~ . ,,'tJ "",,,",,,,' i ~\ .-.-.- ._~_. ---' ~-"':-.7 U;~~R ..__.J--- \\,'~~ """'¡ R~SERVO\R 'I \\ -;;.. '--.... 4-3 ATTACHMENT J. WATER QUALITY BASIN LOCATIONS BELLA LAGO CHULA VISTA TRACT 03-Q3 BELLA LA GO WA rt:F? QUALITY SASiN LOCA nONS ~ 56 NO SCALE ÞbA¥~" ,. GROUP ~. '.. PLANN1NG . F.N'GL'lfEERING . SURVEYING 85~ Mrc Drin . S!llll 305 . SlIn !J ~¥o. CA U2H!3 11!:1!1!006-M35. r.\X a~a/5( 5-~ 4-22-05 4-4 STORM DRAIN FIL TER LOCA TlONS for: BELLA LAGO CITYOFCHULA VISTA TRACT NO. 03-03 -----l ROLLING HILLS RANCH ~., 5ß...", ) ì/.-- " L -.- " ................/.::..., -- 6'; ........."'/ . ; ':' GROUP ~::'~~~~~r~ ~._-'" -.,.'Ioo-_m...._ M·!:-)'w )\/!~,:.r:! ,._~ ,,' ¡ ( / , / ROLLING / / HILLS ! /t RANCH (' /.__ ! I IS , I ) /- --- 'I , f¡--~. I ¡-', / ~. 1 ...... PRJVA rE OPEN SPACE LOT 14¡---- ,-'-- --___ :I .---. ----------1 9 17 8 7 1:2 z 8 :'J " u I/) "" X; CJ'fIJ/aL/E»H!!IIT/SlH'1i.:te:R-t.CC.c~ DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MAINTENANCE AGREEMENT BETWEEN K. HOVNANIAN AT BELLA LAGO, BELLA LAGO, LLC AND THE CITY OF CHULA VISTA FOR THE BASIN MAINTENANCE, GRADING MITIGATION, EROSION, SEDIMENTATION, AND NPDES COMPLIANCE WITH THE BELLA LAGO PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, on April 8, 2003, the City Council approved the Tentative Map for Chula Vista Tract No. 00-0.3 for Bella Lago; and WHEREAS, condition 35 of the approved Tentative Map for Bella Lago requires that prior to issuance of the first grading permit, developer shall enter into an agreement to provide for the construction, maintenance and siltation removal of proposed drainage improvements and water quality treatment facilities for the proj ect. Developer is also required to enter into an agreement to ensure compliance with the new NPDES permit recently adopted by the Regional Water Quality Control Board; and WHEREAS, the Basin Maintenance, Grading Mitigation, Erosion, Sedimentation, and NPDES Compliance Agreement between the City, K. Hovnanian at Bella Lago, LLC, Bella Lago, LLC encumbers the entire Bella Lago Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Basin Maintenance, Grading Mitigation, Erosion, Sedimentation, and NPDES Compliance Agreement (Bella Lago Grading) between the City of Chula Vista and K. Hovnanian at Bella Lago, and LLC, Bella Lago, LLC, 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. Presented by Approved as to fonn by 'j Sohaib Al-Agha City Engineer oore Jty Attorney J :\Engineer\AGENDA \Resos\Reso for Bella Lago Maint. Agreement.doc 4-6 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 2vJr/2 / / Ann Moore C/ City Attorney Dated: 6/'0/00 Maintenance Agreement between K. Hovnanian At Bella Lago, Bella Lago, LLC and the City of Chula Vista For the Basin Maintenance, Grading Mitigation, Erosion, Sedimentation, and NPDES Compliance with the Bella Lago Project . 4-7 Executed in triplicate DRAFT File No.: ðt ()016 Bond No.: 72BSBDJ7223 Prenllum: $750.00 I IMPROVEMENT MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That K. Hovnanian at Bella La o!;o, LLC we , a corporation of Ca1i£ornia , as Principal, and Hartford Fire Insurance Company of Connecticut , a corporation incorporated under the laws of the State of Connecticut and duly authorized under the State of California to act as Surety, are held and firmly bound unto the City of Chula Vista in the sum of Seventy Five Thousand and no/lOO ($75,000.00) ,lawful money of the United States of America, for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, fIrmly by these presents. The condition of the foregoing obligation is such that whereas the above-bound Principal has agreed to provide improvement maintenance for the property known as Bella La 0 Basin Mainte in accordance with A . ¡ ,. " and Development Pernùt''), and' requir y said C' of Chula Vista, to give a bond to guarantee the performance and the completion of said improvement maintenance; NOW, THEREFORE, if the said Principal shall well and truly perform all work specifIed in said agreement, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect. In addition, this bond shall be conditioned on the Surety's full compliance with all terms and conditions of the required Land Development Pennit, including that provision specifying a time limit; and further conditioned upon full compliance with the ordinances and standards of the City of Chula Vista including, but not linùted to, Chapter 15.04 and Chapter 18.36 of the Chula Vista Municipal Code. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, and including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety does hereby consent to any and all alterations, modifIcations and revisions to the agreement secured by this bond, including, but not limited to, any extension of time for performance which may be agreed upon by and between the City of Chula Vista and the Principal arid waives any notice of such alterations, modifIcations and revisions. 4-8 DRAFT SIGNED AND SEALED AT May , 20 05 . Irvine. CA this 24th day of lof2 K. Hovnanian at Bella Lago. Name ofP . cipal ~ ------ JAMES H . VICE PRESICENT K. ~.COMPANlES OF C~IFORN"'" INC. By 72BSBDJ7223 BondIPolicy No. By AUlI"IUI'tl.tt:Q ;1Wf:N I Hartford Fire Insurance Compan Name of Surety Company .-.. By Victoria M Campbell. Attorney-in act One Pointe Drive. Suite 32 Address of Surety Company Brea. CA 92821 City State ZIP Code 20f2 J :\EngineerILANDDEV\Forms-OfficiallBondslBond Maintenance.doc CALlFORNJA ALL-PURPOSE ACKNOWLEDGMENT DRAFT State of California County of Orange On MAY 2 4 ZOOS before me, Melissa A. Covarrubias. Notary Public Nam~ and Title of Officer (e.g., ~ Jane Doe, Notary Public") personally appeared Victoria M. Campbell Names) of Signer(s) ~ personally known to me - 0 R -: 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s} on the instrument the person(s), or the entity Llpon behalf of which the person(s) acted, executed the instrument. MELISSA A. COVARRUBIAS @ commission # 1562658 ¡¡ ~ _. Notary public . Coilfomla ~ 2 '. Olange County 1 i ~ _ _ ~:""2"'...~~a:22~2~ WITNESS my hand and official seal. ~~ Signature of Notary Public OPTIONAL Though the information below is not required by taw, 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 Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer o Title(s}: o Partner - 0 Limited 0 General ~ Attorney-In-Fact o Trustee o Guardian or Conservator o Other: Top 01 thumb here o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer Is Representing: Signer Is Representing: 80-11339/97 4-10 HAP,ïFORD FIP,E INSURANCE COMPANY - KM~ ,II ""0.' """ p""",. TO"., ·H>?TÒQP.a P1P.E INSllP.'.NC:¡ ca.<PAÞIY. 'C"'"-o"'oo 0"'1 o-O_oi",o '"",0" ,~, 1.;.., 01..,51.;" 01 Cooo..:cuc "'d '''';og iu :;:rindpallJiiic in tr'le C¡¡'y ot Harr=i;:¡r~. C::Iunty of :"¡.¡,¡\'Q.rtI. Sìal.e: a1 C:nn~~ daes her=.Cy mall..e. Q(U1:ib.1~ ;¡¡,d. ¡,ppcint H:3r¡.'ord, Ccnnecticut POWER OF All OF.tIEY DRAFT Thoma¡ C. McCa.II. V¡C'ori~ M. C~mp6.1I. j~ltilt~ Mo"roe of Ne"'por' Be~cA. CA '" IN, ,od I.wiuj >.""m"II'Ho":,o:. ~i" ru. p",." ,od ."<nori'l '" .."" oJ ";d A,,"m..~,:-;o":,c!. io ,,'"' "0"'" OP.cito, if mo" "''''' 00' i, named "0"'. '" "go. =<0 ana aan""',ag, 0o, ana 'u .""d, ooa '"'O'''''''og, aod ,,~'" ',n'n';' O,,"< OI,"CI io 11"" '"""" """'I en "'ri.U 0/ ,~, Como,", 'n '''' ,,,",,",,,, 0/ g"_"""~ng "" 'dd"l ,~ p:noo, nola,og olac,,-, 01 p,"ic." 0"'''' IN,,- 9'-'."ol'~ng "" ,'rio""ane: oJ <:on'''''"'" 0"'" "''''' io,c"o,," ,olic.s: 9'-'''.,''..'og ". "rlo"'''o,," 01 ''''"",oca ",,,,,,'''' '.,'" ="1 ,ood, '" 'c"""'" 'y "a<o, .od _iCp"'Ii... 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The Fr~.sid~c af arly Vic:::~ Fr~dent af A.s.::ist;;¡m \Iic..-.Q~!!nl, acting "",itn any Seçelal"'l at AssisCl.t1C Secnt:a.r'l sl"':all ha\ ~ !Jaw~r and. a,l.ItI'tcrit'f tc. ~n and !!.%1!-=.1~ and act4c:M (,,-'e Si!a.l Q( the Campan,! tQ aand..: and \.U'Ide.rtõ.ki.ng.:.. r~nqní:::3.n~~. c:n\r.lC"o: o.f indemniry and ather ....n.lings cal¡ga-torf. in ~!! î1.;¡b..ir~ tI'Iefe.::1f. ¡¡nd suet'l ins:.rumE:l'\~ sa sigrled and. ~eo.,¡t~. '",ith Qt withQl.lt the emman s.eai. shall be ~aIict and Oindinc; u\Jc:rI tha CQ/1"\p;¡¡ny. . SECiTON a. The p~!!5iden~ at any II1C.!;,-Pr:s¡denl"lJr an'! ,11.s.:.-istant \lic.a Fresident ilCling wlfh any Sec-!!~ry 'cr Äs.::i.stan! Sec-eb.ry. sh:a!l ha'l!: ¡Jc....er dl1d. ¡¡\.I!I'Icrily Ie a!Jpalnl fer J\Jrpasl:!:s cl1!Y of a.;'teo.r.tìng and att!!5cir!g Qenrj,s õl.fld IJ/'Idef'Ul\cing~ and _Hhe:< wriCflgs cbligacol"'f in t/"Ie n;:¡t\Jl~ U'ler:!.c{, on~ or mcr~ resider1~ Vi~ ':=r~d1!nt.s. ~!íident A$Sistan~ Secretaries.and AttQmeY1:"¡-n-Facr. .fld at a.ny ~me lc rl!me~e. any su.r:.n re.:¡ic1eflt \Ii~residetlt, ie'Sic1e:n~ A.s.si.st.arH Se~t.a.t'I, cr A.ttame'1'-4n-Fa.ct. afld reolc\o.e: (he: ¡;IC'....er atld ¡¡uct1or1l'l ghen tr:¡ him. . P.eso!-.ed.. !hat U'1e: si9natl.l~s 01 SI.Id'I affi~r: and (he. se:a{ ot &Ie CQm~;¡ny may be affi:&:ed tQ any such pQ''''~ of actcme'! or !c <In,! C!!rtifiale rl!ia~ng ti1/!n!!1.c by 146imile, . ooa '0' ,ucO ""~" 01 "'e"'··1 0' ",,,"fie'. o..riog 'c"', "",,'mil. ,,,,,a.,,... 0' la""im'. ,.., ,hoil o. ,..lid aoa omd"'g ,poo "'. Cem,aoy aoa '''y '"ch pow... '0"="" ,m; I2rtified 'oy i:a.c.simile siqnalur!:s and lòI~~11e saal st1all be ',;¡¡id òrld cindinq u~cn ~e Company ìn 1he lulu~ w;~ ~SI:U!d:.tc any bend or undertaking ~a whu:t1 ìt ~ att:l.Ci1ed.. In Whn!::iJ: Who:r'!!of. HAATFQP,Q FtRE INSUP.ANCE CQMP,>;NY ha.s ca.u.sed. these presenl::¡ tQ be signed.b.y its A.s.:s;i.s::a.nt Vie-"-?residerlt and i~ C::II-¡¡ora(e ~ea.I \¡;¡-be here',C affi.:ce:d.. duly attested ~y its Auist:l.nl SeCõ~h\ry, ll'1is To.\.lh da.y at May. 1SSS. . f~O 0\. (ì..-L 3~LY HARTFORQ FIRE INSUR.Af1CE COMPANY Paul A- SergenhaHz, Assistant Seaetuy /ø¡- STATE OF CONNECTICUT} SS. COUNTf OF HARTFOR.D Rebert L Post, .a..s:,Si.stant \Ii~ Pr~~ident Hartford an "'i. I 'In d.y 01 "'.,. A.a. 1'99, ..Ioc. m, p.~..o"ny.·om' P.o."" '- po... Ia·",. '0"...,0. w"" '.;ng.y m. duly ~om. did d.pon .od '"'( "a' n. =ides in (h. CO""I 0/ Ha"'''d. 51>" 01 CoJMO<ric..C ...., ,. i, "'. '~I"ao' V;",..:,.,,",o, 01 HARrëGP.a FIR~ INSUP_'NC~ CaMPANY. ... ""po,,''''' O.,,,"C,,¡ io .od ~,¡"" '''''''''¡ ", """~ instrumenr; th.t he knew.t U'le :¡æaj af (/"Ie !aid C::ltporaliarr: th;:u the sæ31 affi;;.e:ct tc tt'I~ said in:stNment i..s S\.r,ch CCl'pcrale .to!al: "lh;;.( it 'Has S.::I aHÎJ:.ed by order eJ ~e aoard of a,,~.Ql'S 0 said ccrpc~ticn "fld ~;¡t hI:!! s¡gn~ hi.:r; rrame ~e:retQ lJy llIte: cutter. .p.J// ~ _-~ /, - ~./" W·,?t/~ . J~H.WQmi..i1c KQCU'/ E"ub!;c: M~ CQmmU...--ian Ë.I.¡Ji~ ll.llllil )0, !O~ CERTIFICATE I, U".e \J"d~n:'g"~. A.s:~i.s:l::1t11 Vie.:! Pr~ident af HART¡:::OFlQ ;::::IP.E INSUPANCS COMPAN'( a. COMecticut Cor¡:J~n.ãon 00 HER=S"f CE.RTIFY Ch;¡t Ù"\e lo~go¡ng and a«:ach~ RaWE" aF A ITaF\N'" "ma'o, in run 1o"" aM '" no, ,..~ ""0>." aoa ""'''''''0''.' "'.. Anid, IV, S,c"o,", I ~M a 01 <n" S'''-'~' el HARTFaRD FIR. IN.SUP,;,NCE Ca~JPANY, set larm in Ule Po....er of A~me:y. are aa"" in Ic.re;::. Signed. and. sealed at the Cib¡ of H.artfcrd., Q.ted !:he d:;ayaf MAY 2 4 2005 9·d~C 20 J. Oennis Lane, ~l.stant Vic:~ Pre.s.ident Farm S"":"QS4-Z Pnnt2d in U.SA 4-11 DRAFT x Insured's Name K. Hovnanian at Bella Lago, LLC. Insured's Mailing Address 2525 Campus Drive Irvine, CA 92612 Policy Number 72BSBDJ7223 IMPORTANT NOTICE TO OBLlGEES/POLlCYHOLDERS- TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions; limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutory-established deductible paid by suretiesJinsurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. I Terrorism premium: I $0 . Form 6-3333-0 Page 1 of 1 © 200J!.,41,,2 Hartford DRAFT Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 File No: BE-002G BELLA LAGO_BA~IN MAINTENANCE, GRADING MITIGATION, AND EROSION, SEDIMENTATION AND NPDES COMPLIANCE AGREEMENT (Conditions Nos. 26, 28, 31, 33, 35, 36, 37, 38, 39, 49, 51, 52 and 60 of Bella Lago CVT 03-03) This agreement ("Agreement") is entered into , 2005 and effective as of the date last executed by the parties, by and between the City of Chula Vista, a California Municipal Corporation ("city"), and K. Hovnanian at Bella Lago, LLC a California Limited Liability Company, and Bella Lago LLC, a California Limited Lìability Company, as owner with reference to the facts set forth below, which recitals constitute a part of the Agreement1: RECITALS A. Developer owns approximately 179.52 acres ("Project") of that certain real property, as more particularly described in Exhibit "A" (Property D~scriptjon) and as shown on Exhibit "A-l", commonly known as Bella Lago .Chula Vista Tract 03-03). B. On , the Chula Vista City Council, pursuant to Resolution No. and in accordance with the California Environmental Quality Act ("CEQA") (Pub. Resources Code Section 21000 et seq.),· certified the Subsequent Environmental Impact Report for Bella Lago ("FEIR"), made certain Findings of Fact, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations. C. On April 8, 2003, the City Council approved a Tract for Bella Lago by Resolution No 2003-143 Tentative Map" or "Tentative Map") . Tentative Map ("CVT 03 -03 D. Condition Number 26 of the CVT 03-03 Tentative Map, as more particularly set forth on Exhibit "C" states that the . 1 K. Hovnanian at Bella Lagor LLC and Bella Lago LLC, are collectively referred to herein as "Developer" P4-131 age DRAFT Developer shall create a funding mechanism acceptable to the City for the perpetual monitoring of down stream erosion and siltation which shall be performed on an annual basis and further to perform repairs as required by the City Engineer. E. Condition Number 28 of the CVT 03-03 Tentative Map, as more particularly set forth on Exhibit "Cn states that the Developer shall construct a protective fencing system around all proposed permanent detention basins, and the inlets and outlets of storm drain structures, as and when directed by the City Engineer. The final fencing design and types of construction materials shall be subject to approval of the City Engineer. F. Condition Number 31 of the CVT 03-03 Tentative Map, as· more particularly set forth on Exhibit "cn states that all subsurface detention shall be constructed of concrete pipe or as approved by the City Engineer. G. Condition Number 33 of the CVT 03-03 Tentative Map, as more particularly set forth on Exhibit "cn; states that prior" to issuance of a grading permit for any area of the Project (including off-site areas) draining toward the Uppër or Lower Otay Reservoirs, Developer shall accomplish the following: 1. Obtain the approval of the City of Chula Vista and all other applicable agencies for any proposed structural drainage runoff detention and/or diversion facilities within the Otay Lakes Watershed. 2. - Obtain the approval of the City of Chula Vista and all other applicable agencies of all- operational and maintenance agreements associated with any proposed structural drainage runoff detention and/or diversion facilities within the Otay Lakes Watershed. H. Condition number 35 of the CVT 03-03 Tentative Map,--as more particularly set forth in Exhibit" "Cn, states that prior to approval of the first Final Map for the. Proj ect or issuànc"e of the first grading permit for the construction of the proposed naturalized channel and/or detention basins, whichever occurs earlier, Developer shall accomplish the following: 1. Prepare a maintenance program of all the proposed drainage and water quality treatment facilities, including, but not limited to, naturalized channel, wetlands restoration areas, detention basins, and water quality treatment facilities. The maintenance program shall include, but not be limited to: a) a manual describing the operation and maintenance of the drainage and water quality treatment facilities; b) an estimate of the cost of such operation and maintenance activities; and c) a funding mechanism for financing the maintenance program. Said maintenance program shall be subject to approval by the City Engineer, Director of Planning and Building, and the Director 4-14 Page 2 DRAFT of Building and Park Construction. The Developer shall be responsible for obtaining the approval of the maintenance program from all applicable federal and state agencies. 2. Enter into an agreement with the City of Chula Vista and the applicable resource agencies wherein the Developer agrees to implement the maintenance program. 3. Enter into an agreement with the City of Chula Vista, wherein Developer agrees to the following: i. Provide for the maintenance of all proposed drainage and water quality treatment facilities, including, but not limited to, any naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities until the latter to occur of maintenance of such facilities is assumed by an open space district or Home· Owners Association (HOA). ii. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned maintenance obligations. I. Condition Number 36 of the CVT 03-03 Tentative Map, as more particularly set forth on Exhibit "C", states that Developer shall agree to the following: 1. Provide for the removal of siltation attributable to the Project for all proposed drainage and water quality treatment facilities, including, but not limited to naturalized drainage channels, wetlands restoration areas as allowed by the resource agencies, detention basins, water quality ·treatment facilities and any future facility constructed by the Project, 2. Provide for the removal of siltation for all proposed drainage and water quality treatment facilities, including, but not limited to nàturalized drainage channels, wetlands restoration areas as allowed by the resource agencies, detention basins, subsurface detention basins and water quality treatment facilities, attributable to the Project, for a minimum period of 5 years after maintenance of such facility is accepted by an Open Space District or HOA. 3. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned siltation removal obligations. pggE} 5:¡ DRAFT J. Condition Number 37 of the CVT 03-03 Tentative Map, as more particularly set forth on Exhibit "C", states that the Developer agrees to the following: 1. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board, including revision of plans as necessary. 2. Defend, indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. 3. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facili ties. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed duè to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. K. Condition Number 38 of the CVT 03-03 Tentative Map, as more particularly .se.t .fort:h.on Exhibit "C", states that the DevelopeL shall create an emergency overflow from lot 142 such that no emergency overflows are routed between residential lots or as otherwise approved by the City Engineer. L. Condition Number 39 of the CVT 03-03 Tentative Map, as more particularly set forth on Exhibit "CO, states that the Developer shall install a water quality pump and monitoring station, to be maintained and monitored by the HOA including an off-site force main, telemetry, and emergency power to divert and monitor the first flush in a manner acceptable to the City Engineer. M. Condition Number 49 of the CVT 03-03 Tentative Map, as more particularly set forth on Exhibit "C", states that the developer acknowledges that dry weather post-developed conditions shall be the same as pre-developed conditions. N. Condition Number 51 of the CVT 03-03 Tentative Map, as more particularly set forth on Exhibit "CO, states that the developer 4-16 Page ª DRAFT shall develop a monitoring plan thresholds for standards for maintenance and post construction water quality maintenance and acceptable to the City Engineer identifying all pollutants, the frequency of monitoring, record keeping, procedures and frequency of funding sources to implement the plan. O. Condition Number 52 of the CVT 03-03 Tentative Map, as more particularly set forth on Exhibit ~C", states that the developer shall design the sto= drains and other drainage facilities to include Best Management Practices (BMP's) to minimize non-point source pollution, satisfactory to the City Engineer and shall seek the concurrence of the City of San Diego Water Utilities Director. However, the City Engineer shall make the final decision regarding such design. 1. The Development 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 (NPDES), pe=it requirements for urban runoff and sto= water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General pe=it for Sto= Water Discharges Associated with Construction Activity and shall implement a Sto= Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both cons-truction and post construction pollt!tion prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. 2. The developer shall comply with all the provisions of the NPDES pe=it during and after all phases of the development process, including, but not' limited to, .mass grading, rough grading, construction . of . street - and .landscaping imp¡;overnents, _ and- construction. öf:...dwelling 1.mits. The Developer shall incorporàte.· in- the project design water quality and watershed protection principal and post construction Best Management Practices (EMP's) selected for the project, in 'compliance with the NPDES Permit, to the satisfaction of the City Engineer. 3. Prior to Final Map approval for the project, the Developer shall enter into an agreement with the City where Developer agrees not to protest the formation ofa facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election, The above noted agreement shall run if required p~g~ 75 DRAFT under applicable law with the entire lfu~d contained within the Project. 4. Prior to Final Map approval, building permits, or at such time as required by the City Engineer for the Project, the Developer shall submit and obtain approval from the City Engineer of a maintenance program for the proposed post- construction BMP's. The maintenance program shall include, but not be limited to: 1) a manual describing the maintenance activities of said facili ties, 2) an estimate of the cost of such maintenance schedule and activities, and 3) a funding mechanism for financing the maintenance program. In addition, the Developer shall enter into a Maintenance Agreement with the City to ensure the maintenance and operation of said facilities. 5. Prior to approval of any grading, construction, and building permits for the project, the Developer shall demonstrate to the satisfaci::îon of. tne City Engineer compliance with all of the applicable provisions of the Municipal Code, the City of Chula Vista Storm water Management Standards Requirement Manual (including the Regional Water Quality Control Board Municipal Permit 2001-01) and the City of Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP). The Developer shall incorporate into the project planning and design effective post construction BMP's and provide all necessary studies and reports demonstrating compliance with the applicable regulations and standards. BMP' s shall be identified and implemented that specifically prevent pollution of storm drain systems to the Maximum Extent Practicable (MEP) from certain project feature, land use, areas and activities. 6. The Developer shall incorporate in the project design water quality and watershed protection principàl and all post construccion Best- Managemel")t" "Practices (BMP' s) selected for" the Proj"ect, in- compliance with the NPDES Permit. . 7. Defend, indemnify, and hold harmless the City, it selected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer'S indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. 8. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES 4-18 Page 6 DRAFT facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to. the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. P. condition Number 60 of the CVT 03-03 Tentative Map, as more particularly set forth on Exhibit "C", states that the developer acknowledges that prior to approval of each grading plan, the Developer shall submit a detailed hydraulic study analyzing the erosion potential of the off-site canyons downstream of the Project. said study shall make recommendations satisfactory to the City Engineer to lower the velocities of the 5-, 10-, 25-, 50-, and 100 year flows such that the flow velocities will not permit excessive erosion to the canyon given the soil type and proposed recommendations. Q. The I¿eveloper has applied for and seeks approval of a Land Development Permit (Grading Permit) prior to the approval of-a final map and a Supplemental Subdivision Improvement Agreement for the Project. R. Developer has proposed on plans submitted to the City that certain permanent detention basins, slope protection and other erosion control measures, as shown on Chula Vista Drawing Number 04-055 ("Grading Plans") are adequate to meet the water quality, drainage and sedimentation control requirements of the Conditions for the grading Pzop?sed for the project on said Grading Plans. S. Developer has proposed the following reports wherein the Developer warrants that the proposed grading design for the project with implemented maintenance plans are adequate to meet the water quality, drainage and sedimentation control requirements of the Conditions for the project: 1. "Detention basins operation and maintenance program for VortFilter Systems for Bella Lago", prepared by Vortechnics dated .March-28, 2005, and Vortfilter Technical Design Manual, and 2. Water Quality Technical Report for Bella Lago prepared by Tory R Walker Engineering dated 6/16/04,and revised 2/3/05 and 3. Addendum to Water Quality Technical Report for Bella Lago prepared by Tory R Walker Engineering dated April/19/2005 and 4. "Geotechnical Investigation", prepared by Geocon Incorporated dated August 27, 2004, and 5; Hydrology Study for Bella Lago, prepared by Tory R Walker Engineering dated 5/28/04, and revised 1/10/05 and, 6. Hydrology Study for Bella Lago prepared by Tory R Walker Engineering dated 6/28/04 and revised 1/10/05, and 7. General Construction Activity, Storm Water Pollution Prevention Plan (SWPPP) for Bella : pa~ë 1 ~ DRAFT 8. Lago Prepared by May Group, Inc. and dated 5/25/04. A letter from City of San Diego Water Utility Director dated May 18, 2005. NOW THEREFORE BE IT RESOLVED that the Parties agree as follows: 1. Defined Terms 1.1 "Complete Construction" shall mean that all construction of the improvements have been complete as determined by the City Engineer. 1.2 "Interim Measures" shall mean any sedimentation control measures, erosion control measures, storm water runoff pollution control measures, which are not specifically shown in-place on the approved Grading Plans for the Project but which are required by the Project's conditions of Approval and Mitigation Measures, the storm water pollution prevention plan or determined by the City Engineer to be necessary, to protect downstream properties, adjacent areas and sensitive habitats until the Land Development is completed or Permanent Measures are installed. . 1.3 "Permanent Measures" shall mean any erosion, sedimentation or storm water pollution control measure that is determined by the City Engineer to be adequate to provide protection for at least one (1) year, with normal and roqtine maintenance, of downstream properties, including sensitive habitat and open space, from erosion, sedimentation or polluted runoff. Permanent Measures shall include: 1.3.1.1all water quality facilities as shown on the approved grading plans including the basins as shown on Exhibit "A-2" and adjacent water quality facilities 1.3.1.2 slope planting or hydroseeding as shown on the approved Slope Erosion Control Landscape and Irrigation Pla.ns approved by the City for the Proj ect. . 1.4 "Maintain" or "Maintenance" shall mean to furnish, or the furnishing of, services of said measures. 1.5 ~Land Development", ~Grade", "Grading"! "Rough Grading", "erosion", shall all have the same definitions as found for. these terms in the Chula Vista Grading Ordinance, chula Vista Municipal Code Chapter 15.04. 1.6 "Project" shall mean Bella Lago Tract 03-03 as depicted on Exhibits "A" and "A-l". 1. 7 "Drainage facilities" shall mean all detention basins, all storm filter boxes, all storm drain pipes and structures, and all media filters. 2. Construction. Developer agrees to construct private erosion control, detention basins with the Bella Lago, Chula Vista Tract No. 03-03 to control the quantity and quality of runoff from the : Project during and after the Land Development as shown on the pigJ Da DRAFT approved grading plans upon the request and at the direction of the City Engineer. Developer further agrees to complete construction of such basins no later than thirty (30) days after completion of rough grading for and portion of the Project area draining to the temporary or Post Construction. 3. Basin Operation and Maintenance 3.1 Durinq Construction. Developer shall operate and maintain all drainage facilities until such time as all of the land area that drains into each basin is developed, landscaped or otherwise permanently protected from erosion, as determined by the City Engineer. 3.2 Post Construction. The permanent detention basins within Bella Lago, more particularly described on Exhibit "B", shall be maintained by the Developer to the satisfaction of the City Engineer. 3.3 Basin Maintenance and Monitorinq. Maintenance of each During Construction and Post .Construction..shall include the removal of silt, pollutants, sediment and debris, the repair of embankments, outlet structures, velocity control devices, Water Quality improvements and any other work as directed by the City Engineer in order to assure the proper functioning of these facilities. The operation of during construction and Post Construction shall comply with all the provisions of the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements, incl~ding the requirements of the N.P.D.E.S. G~neral Permit for Storm Wa-ter Discharges Associated with Construction Activity. The Developer understands and agrees that Developer shall be solely responsible for the maintenance and operation of all storm drain facilities and appurtenances shown on the Grading Plans in perpetuity. Developer shall at a minimum comply with the maintenance and monitoring activities are outlined in the detention basin operation and maintenance plans listed in recital "K" above. Developer shall at all times provide all environmental permits necessary to maintain basins and provide an annual reportcofall monitoring and maintenance operations within 30 days of à request' of the City Engineer. 4. Interim Measures. The Developer understands and agrees that if, during the grading of the Project, and based solely on the determination of the City Engineer that a condition exists which threatens downstream properties, adjacent areas or sensitive habitats with erosive storm water velocities, contaminated runoff, excessive sedimentation or noise impacts, the City Engineer may order, in accordance with City Department of Public Works standard practices, that all grading operations immediately cease and desist or that certain Interim Measures as approved by the City Engineer be installed immediately. The Developer further understands and agrees that all grading operations may be halted until Developer installs the Interim Measures to the satisfaction of the City Engineer. pJg,J.1g DRAFT 5. Maintenance of Erosion, Sedimentation and Pollution Control Measures. The Developer agrees to maintain all temporary and permanent, erosion control, sedimentation control, storm water runoff pollution control measures, including those Interim Measures installed at the Direction of the City Engineer, during and after completion of Land Development, until released from the responsibility to maintain in accordance with Section 3.2 and 3.3 above. The developer agrees to conduct all Land Development in conformance with the (N.P.D.E.S) permit requirements, including the requirements of the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and to implement and maintain all Best Management Practices described in the Project's approved (SWPPP). Developer understands and agrees that Developer is responsible for obtaining all necessary permits, approvals and certifications, if any, from the applicable federal or state agencies, including but not limited to California Department of Fish and Game and/or the u.S. Army Corps of Engineers. The Developer further agrees to annually demonstrate to the satisfaction of the City Engineer compliance with all of the applicable provisions of the Municipal Code and the adopted City of Chula Vista's Storm Water Management Standards Requirements Manual, which includes the Local SUSMP. The Developer shall incorporate into the project planning and design effective post-construction (EMP's) and provide all necessary studies and reports demonstrating compliance with the applicable regulations and standards. BMP's shall be identified and implemented that specifically prevent pollution of storm drain systems to the Maximum Extent practicable (MEP) 6. Mitigation_Monitoring and Reporting Program measures (FSEIR 02-05), Deveioper hereby agrees to comply with all the MMR measures, including the following with reference to grading on the Property: ."" . Article I: Biological Resources Mitiqation Measure 4.2c: Prior to the issuance of the first grading permit, in accordance with the Tentative Map, the developer shall demonstrate to the satisfaction of the Environmental Review Coordinator that project lighting will be directed away from the preserve. Mitiqation Measure 4.2d: Prior to the issuance of the first grading permit, in accordance with the Tentative Map, the developer shall demonstrate to the satisfaction of the Environmental Review Coordinator that project runoff will be directed away from the preserve to the greatest extent possible. Mitiqation Measure 4.2e: Prior to the issuance of the first grading permit the developer shall demonstrate to the satisfaction of the Environmental Review Coordinator how the project will observe seasonal restrictions on grading (as required by the wildlife agencies) to avoid noise impacts to nesting birds, and the project shall incorporate noise reduction measures during project construction. . pa\--J ~o DRAFT Mitiqation Measure 4.2f: Prior to the issuance of the first grading permit the developer shall demonstrate to the satisfaction of the Environmental Review Coordinator how the project will direct human access away from the Otay tarplant and variegated dudleya locations. The project shall designate trails along the existing road. Other than the preserve managers, the project shall not allow any public/private access into the preserve areas from the Clarkson/Turner properties without the concurrence of the wildlife agencies. Prior to the issuance of the first Building Permit and the first Grading Permit, the developer shall demonstrate compliance with the City's Quino checkerspot butterfly habitat restoration efforts outlined in .3.2 of the City's draft MSCP Subarea Plan. Article I.Noise . _ Mitiqation Measure 4.4b: Prior to the approval of the first grading permit, the applicant shall submit a construction noise mitigation plan for the review and approval of the Environmental Review Coordinator, that incorporates seasonal avoidance, alternative equipment or temporary barriers on a habitat-specific basis to achieve a less than significant impact during the nesting/breeding season. i) Cultural Resources Mitiqation Measure 4.6a: A qualified archaeological monitor shall be on-site during initial grading in the mapped area of the two archeological structures that were recorded within the proposed development area. Section 1.02 Hydrology/Drainage/Water Quality Mitiqation"~easure 4.8a~Prior-to approval of Tentative Map, the developer· of Bella Lago shall demonstrate that first flush flows will be diverted to detention/infiltration basins and treated prior to their discharge to existing drainage courses in accordance with the Urban Runoff Management Plan. Mitiqation Measure 4.8b: Prior to issuance of each grading permit, a detailed drainage system design study shall be prepared in accordance with the city of Chula Vista's standards and shall be approved by the City Engineer. Mitiqation Measure 4.8c: Prior to issuance of each grading permit, the project proponent shall submit an Nor and obtain an NPDES Permit for Construction Activity from SWRCB. Adherence to all conditions of the General Permit for Construction Activity is required. : The permit requires development of a SWPPP and a pa!eZA DRAFT Monitoring plan for all phases of project construction. The SWPPP shall be incorporated into the grading and drainage design plans and shall provide for implementation of construction and post construction BMPs on-site to reduce the amount of pollutants and sediments in construction and post construction surface runoff before it is discharged into the natural drainages. The grading plans will note the condition requiring a SWPPP and Monitoring Program Plan. No grading will be performed during the rainy season (October 1 through April 30) without special erosion control measures approved by RWQCB. Mitiqation Measure 4.8d: Prior to construction, all parties involved shall meet to discuss the BMPs required by the erosion control plan and identified in the SWPPP prepared by the contractor pursuant to NPDES. The applicant shall be responsible for implementing, monitoring, and maintaining the requiredBMPs to ensure that the measures are working properly, until the construction area ,has ,.been permanently stabilized. Mitiqation Measure 4.8e: Prior to approval of the Tentative Map, the applicant shall demonstrate compliance with the City of Chula Vista Storm Water and Discharge Control Ordinance and the National Pollutant Discharge Elimination System (NPDES) Municipal Permit (including the Final Model SUSMP for the San Diego Region) ._ ,The applicant shall obtain the approval of the City Engineer of a report that includes the following elements: i. Description of project characteristics, site conditions, flow patterns, pollutants emanating from the project site, and conditions .of concern. ii. Description of site design and source control BMPs considered and to be implemented. iii. Description of applicable treatment control BMPs considered and to be implemented to J;'.:d.uceor.,treat the identified pollutants'.' -. - ,. iv. Justification for 'selection· of-the proposèd· treatment control BMP(s) including 1) targeted pollutants, justification, and alternative analysis, 2) design criteria'(including calculations), 3) pollutants removal information (other than vendors specifications), and 4) literature references. v. Site plan depicting locations of the proposed treatment control BMPs; and vi. Operation and maintenance plan for the proposed treatment control BMPs Mitiqation Measure 4.8f: Prior to issuance of each grading permit, a SWPPP shall be prepared to the satisfaction of the City Engineer to ensure implementation of the BMPs required by the .:rosion control plan. : Pa~ë212 DRAFT Mitiqation Measure 4.8q: Prior to the approval of the first final map, the applicant shall develop a funding mechanism to monitor downstream flows from the project and correct any erosion occurring down stream of the project to the satisfaction of the City Engineer. (a) Geology and Soils MitiGation Measures 4.9a: Prior to the issuance of each grading geotechnical investigation of the site shall be performed and appropriate mitigation measures to attenuate the adverse expansive soil characteristics identified. Mitigation measures may include the use of select grading to place the more highly expansive soils at greater depth within the fill; the use of post- tension slab foundation systems and elevated moisture conditioning of the subgrade; or a combination of the two measures. Mitiqation Measure 4.9b: The geotechnical investigation shall include specific setback values and other recommendations for appurtenant structures near slopes to attenuate for the adverse effects of slope creep or lateral fill extension that can occur with expansive soil fills and cuts. MitiGation Measure 4.9c: A rippability investigation utilizing geophysical methods shall be conducted as part of ~p~ comprehensive geotechnical investigation program. MitiGation Measure 4.9d: The engineering geologist shall inspect the slope excavations to ensure that bedding planes or weakened shear planes are not encountered. MitiqationMeasure 4.ge: Prior to the issuance of each grading permit, the applicant shall verify that: the applicable recommendations of the geotechnical- investigations prepared by Shepardson, dated October 1, 2001, and Irvine Consulting Group, dated July 26, 1991, for the Bella Lago property have been incorporated into the project design and construction documents to the satisfaction of the City Engineer of the City of Chula Vista. a) Paleontological Resources Mitiqation Measure 4.10a: Prior to issuance of any on- site (or off-site) grading permits, the applicant shall confirm to the City of Chula Vista that a qualified paleontologist has been retained to carry out the following mitigation program. The paleontologist shall attend pregrade meetings to consult with grading and excavation contractors. (A qualified paleontologist is defined as an individual with an MS or Ph.D. in . pa~e2þ:' DRAFT paleontology or geology who is familiar with paleontological procedures and techniques.) A paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of highly sensitive geological formations (Otay and Santiago Peak Volcanics) to inspect cuts for contained fossils. The paleontological monitor shall work under the direction of a qualified paleontologist. The monitor shall periodically (every several weeks) inspect original cuts in deposits with an unknown resources sensitivity. (A qualified paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) Section 1.03 utilities. And Public Services MitiGation Measure 4.lla-5: Prior to iss~ance of each Grading Permit, the developer of Bella Lago shall obtain City of San Diego Water Utility concurrence on all grading and improvement plans within the Otay Lake Drainage Basin, with the final decision at the discretion of the City of Chula Vista. ADDXTXONAL MXTXGATXON MONXTORXNG AND REPORTXNG PROGRAM FOR XMPACTS OCCURRXNG PRXOR TO ROLLXNG HXLLS RANCH SUBAREA XXX Article XX. Landform Alteration/Aesthetics MitiGation Measure 4.3.6a: The grading plan shall incorporatè landform grading sensitive to existing topography to the extent feasible and acceptable to the City Planning Department along major streets, such as those which would be required to serve Bella Lago. Techniques used to blend graded areas to natural landforms shall include slope rounding, obscuring slope drainage structures by massing plant materials, landform grading on large slope bands, and use of p1anting materials. to control erosion. Article XXX. Cultural Resources MitiGation Measure 4.6c: Prior to approval of first grading permit, the developer of Bella Lago shall review the locations of identified archaeological and historical sites within the Rolling Hills Ranch project boundary. If it is determined that an archaeological and/or historical site is within the area proposed for the roadways, then a qualified archaeological monitor shall be on-site during initial grading in the mapped area of the site(s) . Applicable Mitigation Measures (from ASMD's) l(e) (1) Monitoring of Grading: To protect biological resource areas not approved for development, for all areas adjacent to the Preserve Category A (i.e., along the eastern property boundary adjacent to the "inverted L" property), a qualifier biological monitor will be : pa~e2£4 DRAFT onsite during clearing, grubbing, and/or grading activities to ensure that the approved limits of disturbance are not exceeded and that dust control measures are being implemented. If high-visibility fencing is erected, the monitor will visit the site at least once per week during clearing, grubbing, and/or grading operations to ensure that the fencing is being maintained and remains in the appropriate location. If the limits of disturbance are simply flagged or staked, the monitor will check the site daily to ensure that the approved limits of disturbance are not exceeded. l(e) (2) Noise: To avoid indirect impacts associated with noise, if construction occurs during the breeding season, a pre-construction survey will be conducted to determine the presence/absence of nesting birds. If an occupied raptor. (from January 15 to July 15) pr gnatcatcher (from February 15 to August 15) nest is discovered during the pre-construction survey, noise reduction techniques shall be incorporated into the construction plans before construction proceeds. Outside of the bird- breeding season, no restrictions shall be placed on temporary construction noise. 1 (e) (5) Drainage: Project runoff (nuisance water and "first ~lush" from rainfall) will be directed away from the preserve to the maximum extent practicable. The developer will design and install natural detention basins, grass swales or mechanical trapping devises, where necessary, to prevent the release of toxins, chemicals, petroleum products, exotic plant materials, and other elements that might degrade or harm the natural environmental or ecosystem process with in the preserve and to maintain those devises as needed to ensure proper functioning.. Maintenance may. include·dredging out sediments, removing exo.tic plant· materials and adding chemical-neutralizing compounds (e.g. clay compounds) when necessary and appropriate. Developer further acknowledges and agrees that in the event that the City's Environmental Review Coordinator determines that the applicable Mitigation Monitoring and Reporting Program (N-4RP) measures are not being implemented at the appropriate times and locations within the Project area, a notice to cease and desist all Land Development work will bè issued in accordance with City Department of Public Works standard practices and shall remain in effect until such time as the Environmental Review Coordinator of the City of Chula Vista has determined that said applicable measures have been and will continue to be implemented per the requirements of the MMRP. pa~ë215 DRAFT 7. securities. Developer shall provide the City with maintenance securities, as set forth below, to guarantee Developer's Maintenance obligations hereunder. 7.1 Cash Deposit. Developer has provide the City with a cash deposit to guarantee Developer's Maintenance obligations and installation of Interim Measures in a timely manner under Sections 3, 4, and 5 of this Agreement in the sums set -forth in Exhibit" D" . City shall hold the Security Deposit for the duration of Developer's Maintenance obligations hereunder, and expend such deposit solely for purposes in the performance of such obligations including installation and/or maintenance of Interim Measures in accordance with Sections 3, 4 and 5. In the event of Developer's default in the performance of its Maintenance obligations or installation of Interim Measures, the Developer shall be given 24 hours notice to begin correction and shall diligently pursue completion of measures to correct the default or the City has the option in its discretion to perform the required Maintenance or installation of Interim Measures should Developer default under its obligations or fail to diligently pursue completion of measures, as determined by the City Engineer. Developer agrees to pay to the City any difference between the total costs incurred by the City to perform such Maintenance and installation work, and any proceeds from the Cash Deposit. Should the City expend the Cash Deposit due to Developer's default of its performance obligations, Developer agrees to redeposit the equivalent sum of money needed to equal the amount required by _ this Agreement, as set forth in Exhibit "D", within 30 days of the City's request for such deposit. The City shall retain all interest earnings on the Cash Deposit during this period. 7.2 Bonds. Prior to issuance of the first Grading Permit for the Project, Developer shall provide the City with bonds for a series of one year terms starting from the date of issuance of the grading permit in connection with Chula Vista Drawing No. 04055, in order to guarantee performance of its basin Maintenance obligations under Section 3 of this Agreement in the amounts more fully set forth in Exhibit "D". The Maintenance Bond(s) shall be in a form approved by the City Attorney. The City Engineer will review the security provided herein every year prior to expiration thereof. The City acknowledges that bonds are issued for a one year period, however, it shall be the responsibility of Developer to ensure that at all times while Developer has outstanding obligations under this Agreement, security as required herein will be valid and in full force and effect. Developer understands and agrees that the City shall not issue building permits for the Project if the bonds or Cash Deposit are determined by the City to be insufficient or said bonds have not been renewed. At the bond renewal time, the City Engineer may reduce the bond requirement by an incremental amount determined by the City Engineer to reflect a reduction in Developer's Maintenance obligations. The maintenance bond may also be released in the sole discretion of the City Engineer, provided all maintenance . pa1rë2fi 6 DRAFT obligations are fulfilled, including the satisfaction of all applicable grading mitigation requirements, and provided erosion sedimentation is in full compliance with NPDES and the water quality report referenced in this agreement. In addition, Developer may request that another form of equivalent security, such as a letter of credit or cash, acceptable to the City in its sole discretion, be substituted for the bonds described herein " Developer acknowledges and agrees that such reduction and substitution is in the sole discretion of the City. 8. Developer's Acknowledgment. With the execution of this Agreement the Developer acknowledges and agrees that all work performed by the Developer prior to approval of the applicable final map shall be at Developer's own risk and that subsequent submittals (i.e" final maps and improvement plans) may require extensive changes, at Developers cost, to work done under any permit issued prior to the approval of a final map, 9. Building Permits. Developer acknowledges and agrees that the 'performãnce of Developer's obligations hereunder is required for the health and safety of the residents of the City of Chula Vista. Therefore, the Developer agrees that the City shall hàve the absolute and unfettered right to withhold the issuance of any building permit for any residential units within the Project if the Developer is determined by the City not to be in compliance with the terms of this Agreement. Except for Sections 6 and 7.1, which have an optional 24-hour notice to begin correction period, if Developer is determined by the City not to be in compliance with any term of this Agreement, the City shall notify Developer of Developer's noncompliance and provide the Developer with 30 days to cure said noncompliance. 9. Successors - Release 9.1. AGreement BindinG Upon Successors. This Agreement shall be binding upon and J.nure to the benefit of the successors, assigns and interests of the parties as to any or - all of ..the' real property, described herein as the Project, until 'released by the mutual consent of the parties or as otherwise provided in the Agreement. 9.2 AGreement Runs with the Land. The burden of the covenants q:mtained in this Agreement ("Burden") is for the benefit of the Project 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 thêland 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 eq1.1ity or other proper proceedings to enforce the curing of such breach to which it paåe2f37 DRAFT or any other beneficiaries of this agreement and the covenants may be entitled. U. Release of Individual Lots. Each lot or parcel encumbered by this Agreement may, in the City Manager's (or Manager's designee) discretion, be released from the encumbrance hereof upon the issuance of a building permit in conformance with the Tentative Map and/or Final Map with respect to such lot or parcel or upon the conveyance of any such lot or parcel to a homeowner or homeowners association. The City Manager (or Manager's designee) shall not withhold consent to such release so long as the City Manager (or Manager's designee) in good faith finds that the Developer is in compliance with the terms of this Agreement and that such partial release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, or the conveyance of such lot or parcel to a homeowner's association, such lot or parcel shall be automatically released from the encumbrance hereof. In the event the City Manager (or Manager's designee) agrees to the Release, or escrow closes on any individual homeowner's lot or parcel or any homeowner's association lot or parcel, at the request of Developer or any successor in interest who owns any such lot or parcel, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Attorney which confirms the release o!.~uch lot or parcel from the encumbrance of this Agreement. 9.4 Transfer to Homeowners Association. Developer shall have the right to transfer the permanent obligations under this agreement to Bella Lago Master Association ("Master Association") by an instrument whereby the Master Association assumes such permanent obligations. "Permanent obligations" include those obligations set forth in Sections 3.2, 3.3 and 5 (other than Interim Measures) ana 1Q. -From and after the date the Master Ass'ocíàtion ass-llinès·sÚi::n. permanent obligations, Developer shall be released from the same provided that each of the following has been satisfied: (i) The Master Association Accepts Obligation. The Master Association has unconditionally accepted and assumed all of such permanent obligations in writing in a transfer document ("Transfer Document"), with the Transfer Document providing that the burden of such permanent obligations remain covenants running with the land. The form of the Transfer Document shall have been approved by the appropriate governing body of the Master Association by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such Transfer Document. (ii) Master Association's Master Declaration. The City Pa~ë328 DRAFT has reviewed and approved the Master Association's recorded Master Declaration to confirm that said document contains appropriate maintenance, indemnity and insurance provisions. The City hereby acknowledges that it has so approved the Master Declaration. This condition" (ii)" will apply to any further amendments which require City's consent pursuant to provisions of the Master Declaration or which would be contrary to the terms of this Agreement. (iii) Master Association Insurance. The Master Association procures (or has procured) and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all of Developer's bonds required by this Agreement, a policy of public liability insurance which at least meets the requirements of Section 5.1 (a) of the Master Declaration which reads as follows: (a) General Liability Insurance. The Master Association shall obtain. a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership or use of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The. insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; . . (ii) The policy shall not èontain a cróss~suit,- exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "'The coverage shall apply separately to each insured except with respect to the limits of liability'." The Master Association shall provide the City with a Certificate of Insurance upon acceptance of the Transfer Document. (b) Release. When all conditions precedent in Paragraph 9.4 are fulfilled, Developer shall be released from its permanent obligations under this Agreement, including its security and insurance requirements. Developer acknowledges , paåe319 DRAFT that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer of permanent obligations, Developer shall give a notice to the City of Developer's intent to transfer its permanent obligations herein and provide the City with the appropriate documents listed in Paragraph 9.4. 10. Miscellaneous Provisions. 10.1 Attorneys' Fees. In the event that either Party commences litigation for a specific performance or damages for breach of this Agreement, the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The prevailing party shall be deemed to be the party who is awarded. substantially the relief sought. .. 10.2 Indemnification. Developer further understands and agrees 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 Developer, its agents or employees, or indemnitee, related to the Developer's obligations described herein. Developer further agrees to defend, indemnify and hold the City, its officers and employees, harmle~s_ 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 Developer, its agents or employees, or indemnitee, related to the Developer's obligations described herein. The approved improvement securities referred to above shall not cover the provisions of this paragraph. Such indemni- fication and agreement to defend and hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a resul·t of Developer's maintenance activities as . provided herein. . It shall also extend to damages resulting .from-diversiori 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 Developer's obligations described herein. The approval of plans for the Developer's obligations described herein and any related improvements 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 Developer's obligations described herein and any related improvements. The provisions of this paragraph shall become effective upon the' execution of this Agreement and shall remain in full force and effect regardless of the City's acceptance of any improvements within Project as described herein. 10.3 Entire Aqreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the page3:to DRAFT parties relating to the subject matter hereof and any and all other prior or contemporaneous oral or written agreements are hereby superseded. This Agreement may be amended, but only pursuant to a written amendment properly authorized and executed by both parties hereto. 10.4 Compliance with Laws. In the performance of its obligations under this agreement Developer shall comply with any and all applicable federal, state and local laws, regulations, policies, permits and approvals. 10.5 Recitals and Exhibits. Recitals set forth above and all attached Exhibits referred to herein are hereby incorporated herein by this reference. 10.6 Term. This agreement shall remain in effect for so long as either party has executory obligations hereunder. 10.7 RecordinG.. The par.ties hereto shall cause this Agreement to be recorded in the Official Records of the County of San Diego. 10.8 Assiqnrnent. The obligations of the Developer under this Agreement shall not be assigned in whole or in part, without the express written consent of the City. 10.9 Authoritv of Siqnatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal_~uthority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable it to enter into this Agreement. 10.10 Termination. Upon the termination of this Agreement pursuant to applicable provisions hereof, at the request of Developer or any successor in interest who owns any portion of the project encumbered by this Agreement, the City . shall execute an ..instrument- .prepared by _ Developer and in a form acceptable to the City Attorney in recordable form which· evidences the termination-of· this Agreement and confirms the release of the Project from the encumbrance of this Agreement. 10.11 Force Maieure Except with respect to any obligation to pay money or post securities when due, no party hereto shall be liable for any delay or failure to perform this agreement caused by Force Majeure. As used herein, the term Force Majeure shall mean acts of God; strikes; walkouts; labor disputes or disturbances; war; blockage; insurrection; riot; earthquakes; typhoons; hurricanes,'floods; fires; explosions; or other similar circumstances beyond the reasonable control of such party. In the event of Force Majeure likely to cause any such delay or failure, the parties suffering such Force Majeure shall give notice to the other party hereto, stating the particulars of such Force Majeure and shall to the extent it is capable of doing so, remove such cause with all reasonable dispatch, except that, no party shall be required pa~e32\ DRAFT to settle any strike, walkout, labor dispute or disturbance by acceding to the demands of the opposing party when such course is deemed inadvisable by such party. 10.12 No Amendment to CVT 03-03: Developer acknowledges that all of the conditions of CVT 03-03 more particularly set forth in Exhibit "C" shall remain in full force and effect. Nothing in this Agreement shall be deemed to modify, waive or amend any of the conditions set forth in Exhibit "C". 10.13 Preparation of Aqreement: No Inference, assumption, or presumption shall be drawn from the fact that a party or its attorney has prepared or drafted this Agreement. It shall be conclusively presumed that both parties equally participated in the drafting and/or preparation of this Agreement. 10.14 Notices. Unless otherwise provided in this Agreement or by law, any-and all nO.tLces .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_çhange to the other party. CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn.: City Engineer K. Hovnanian at Bella Lago, LLC 380 Stevens Avenue, Suite 211 Solana Beach, CA 92075 Attn.: John Wurster, Community Manager ..... Bella Lago, LLC 5566 Valerio Trail San Diego, CA 92130 Attn.: Timothy Wilson, President 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. [NEXT PAGE IS SIGNATURE PAGE] pa1,-e312 DRAFT (Signature Page One of Two Pages) BELLA LAGO WATER QUALITY BASINS, DESILTATION AND NPDES COMPLIANCE AGREEMENT (Conditions 26, 28, 31, 33, 35, 36, 37, 38, 39, 49, 51, 52 and 60 of Bella Lago CVT 03-03) IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year first above written. CITY OF CHULA VISTA A Municipal Corporation Stephen C. Padilla Mayor of the City of Chula Vista Attest: Susan Bigelow City Clerk Approve as to Form Ann Moore City Attorney Dated: : p~s)3 DRAFT (Signature Page Two of Two Pages) BELLA LAGO WATER QUALITY BASINS, DESILTATION AND NPDES COMPLIANCE AGREEMENT (Conditions 26, 28, 31, 33, 35, 36, 37, 38, 39, 49, 51, 52 and 60 of Bella Lago CVT 03-03) K. HOVNANIAN AT BELLA LAGO, LLC BY ~ ?f}MW?C- N~ \ J(JJ.1A.1 {)){I~"~ TITLE t()M~/.h/11'I( IY/¡tJAlAGG7t... BY NAME: TITLE Applicant: Bella Lago, LLC By: Bellagio Capital, Inc. Its: Managing Mèmber BY ~~ -¡¡MtJ7#Ý )1//¿5cW' r-~ NAME: TITLE . P'4'1..'3 ¡,26 DRAFT LIST OF EXHIBITS Exhibit "A" Legal Description (Bella Lago) Exhibit "A-I" Location plat Exhibit "B" Water Quality Basin & Storm Filter Boxes Locations Exhibit "C" Conditions Nos. 26, 28, 31, 33, 35, 36, 37, 38, 39, 49, 51, 52 and 60 of Bella Lago CVT 03-03) List of Improvement Securities; purpose and amount Exhibit "D" P~125 DRAFT EXHIBIT UA" PROPERTY DESCRIPTION BELLA LAGO WATER QUALITY BASINS, DESILTATION AND NPDES COMPLIANCE AGREEMENT (Conditions Nos. 26, 28, 31, 33, 35, 36, 37, 38, 39, 49, 51, 52 and 60 of Bella Lago CVT 03-03) Being a subdivision of the Southeast Quarter of the Northeast Quarter, the West half of the Southeast Quarter and the Southeast Quarter of the Northwest Quarter of the Northwest Quarter, all in Section 24, in the City of Chula Vista and the Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 25, and the North Three and one-half acres of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of section 25, and the North Three Quarters of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 25, all in Township 17 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California. P~~6 DRAFT EXHIBIT "A-l" LOCATION PLAT FOR BELLA LAGO o ~ ~ H :5 Õ ç ~ z > , " 8 0 __¡- I -Cau~OF"'" '",00 11 t QTYö;OO~ : OTAY RANCH J ~I ---- -- pMª7 DRAFT EXHIBIT "B" WATER QUALITY BASIN LOCATIONS BELLA LAGO WATER QUALITY BASINS, DESILTATION AND NPDES COMPLIANCE AGREEMENT (Conditions Nos. 26, 28, 31, 33, 35, 36, 37, 38, 39, 49, 51, 52 and 60 of Bella Lago CVT 03-03) EXHIBIT 'B' CHULA VISTA mACT OJ-03 BELLA LA GO WA TER OUAUTY BASIN LOCA nONS - I I I I I I I I I I / /-'"1--.... _J I "'1-__- I I I -- ....9 / , , ......;;:-J 56 ) NO SCALE M~d''''-'"' ,~."-::<Ö x~;. .:r.'r",~ /.,~~?ß'_·' .?ï:':-, GROUP .':'-~ ." PlANNING' ENGINEERING· SURVEYING 855~A,",,,Dri"..Sulh 30:¡oS-.nDlIt&II, CA 111:123 868/~O~-043:i. FAX 8e.aj500_!1441 4-22-05 . P~(28 ~ I I!!~. ~ ~ ~ ¡; ~ ~ ~ ~ 00 ~ '" :iJ ~ \. íª ~ ~ ~ ,;. I~; ..11. ~ ~~ (!j (:;; ~t "~I " ~~ ¡¡¡ !!.~ . ~ ¡¡ I;, ." ~ ,¡jJ ~~ ~~ ;(~ ~ ~4 ~ :w ~,'i t~ il~ ~t ¡II. [ tj< '~ i;.J' tJij ~ ~. ;, ¡¡;, ~\~ ~i ~ #i: "' 1,'" STORM DRAIN F=/L TER LOCATIONS for: BELLA LAGO cm OF CHULA VISTA TRACT fIlO. OJ-03 Mðr¥w .)":~:":~ GROUI'_ _ ~~_fiŒL~-~ --;,:;"~ -----l RQLLING HILL:¡ RANCE '-" óð " ¡ ) l,_ /""'''':''._4_ '- -../' " I ., .... --' -- ...----c t" I ( ; I I ROLLING J / , HILLS ); RA~-CH ( /-_ / I II: 1/--_- /; , (I- __ _ ; - ;-....... f / ,..... (I ,--- ----- , ,--_. ---------1 ZZA 9 I 17 I 8 7 I" z IS ":J '" u '" XlCI'IW,I!Il¡'t:»tI!IT,I$O-f')LT!JII..u::c.1:II': DRAFT EXHIBIT "C" BELLA LAGO WATER QUALITY BASINS, DESILTATION AND NPDES COMPLIANCE AGREEMENT (Conditions Nos. 26, 28, 31, 33, 35, 36, 37, 38, 39, 49, 51, 52 and 60 of Bella Lago CVT 03-03) 26. Prior to the first Final Map for the Project, the Developer shall create or enter into an agreement to create a funding mechanism acceptable to the City for the perpetual monitoring of down stream erosion and siltation which shall be performed on an annual basis and further to perform repairs as required by the City Engineer. (Engineering) 28. The Developer shall construct a protective fencing system around all proposed permanent detention basins, and the inlets and outlets of storm drain structures, as and when directed by the City Engineer. The final fencing design and types of construction materials shall be subject to approval of the City Engineer. (Engineering) 31. All subsurface detention shall be constructed of concrete pipe or as approved by the City Engineer. (Engineering) 33. Prior to issuance of a grading permit for any area of the Project (including off-site areas) draining toward the Upper or Lower Otay Reservoirs, Developer shall accomplish the following: a. Obtain the approval of the City of Chula Vista and all other applicable agencies for any proposed structural drainage runoff detention and/or diversion facilities within the Otay Lakes Watershed. b. Obtain the approval of the City of Chula Vista and all other applicable agencies of all- operational and maintenance agreements associated with any proposed structural drainage runoff detention and/or diversion facilities within the Otay Lakes Watershed. (Engineering) 35. Prior to approval of the first Final Map for the Project or issuance of the first grading permit for the construction of the proposed naturalized channel and/or detention basins, whichever occurs earlier, Developer shall accomplish the following: a. Prepare a maintenance program of all the proposed drainage and water quality treatment facilities, including, but not limited to, naturalized channel, wetlands restoration areas, detention basins, and water quality treatment facilities. The maintenance program shall include, 4-42 Page 29 DRAFT but not be limited to: a) a manual describing the operation and maintenance of the drainage and water quality treatment facilities; b) an estimate of the cost of such operation and maintenance activities; and c) a funding mechanism for financing the maintenance program. said maintenance program shall be subject to approval by the City Engineer, Director of Planning and Building, and the Director of Building and Park Construction. The Developer shall be responsible for obtaining the approval of the maintenance program from all applicable federal and state agencies. b. Enter into an agreement with the City of Chula Vista and the applicable resource agencies wherein the Developer agrees to implement the maintenance program. c. Enter into an agreement with the City of Chula Vista, wherein Developer agrees to the following: i. Provide for the maintenance of all proposed drainage and water quality treatment facilities,including, but not limited to, any naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities until the latter to occur of maintenance of such facilities is assumed by an open space district or Home Owners Association (HOA). ii. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned maintenance obligations. (Engineering) 36. Prior to approval of the first Final Map for the Project or issuance of the first grading permit for the Project, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer agrees to the following: a. Provide for the removal of siltation attributable to the Project for all proposed drainage and water quality treatment facilities, including, but not limited to naturalized drainage channels, wetlands restoration areas as allowed by the resource agencies, detention basins, water quali ty treatment facilities and any future facility constructed by the Project, b. Provide for the removal of siltation for all proposed drainage and water quality treatment facilities, including, but not limited to naturalized drainage channels, wetlands restoration areas as allowed by the resource agencies, detention basins, subsurface detention basins and water quality treatment facilities, attributable to the Project, for a minimum period of 5 years after maintenance of such facility is accepted by an Open 4-43 Paqe 30 DRAFT Space District or HOA. c. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned siltation removal obligations. (Engineering) 37. Prior to the approval of the first Final Map for the Project, or issuance of the first grading permit for the Proj ect, whichever occurs earlier, enter into an agreement with the City of Chula Vista, wherein the Developer agrees to the following: a. Comply with the requirements Municipal Storm Water Permit (Order issued by the San Diego Regional Control Board, including revision necessary. of the new No. 2001-01) Water Quality of plans as b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facili ties. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. (Engineering) 38. The Developer shall create an emergency overflow from lot 142 such that no emergency overflows are routed between residential lots or as otherwise approved by the City Engineer. (Engineering) 39. The Developer shall install a water quality pump and monitoring station, to be maintained and monitored by the HOA including an off-site force main, telemetry, and emergency power to divert and monitor the first flush in a manner acceptable to the City Engineer. (Engineering) 4-44 Paqe 31 DRAFT 49. Dry weather post-developed conditions shall be the same as pre-developed conditions. (Engineering) 51. Prior to the recordation of the first Final Map for the Project, the Developer shall develop a post construction water quality maintenance and monitoring plan acceptable to the City Engineer identifying thresholds for all pollutants, the frequency of monitoring, standards for record keeping, procedures and frequency of maintenance and funding sources to implement the plan. (Engineering) 52. The developer shall design the storm drains and other drainage facilities to include Best Management Practices (BMP's) to minimize non-point source pollution, satisfactory to the City Engineer and shall seek the concurrence of the City of San Diego Water Utilities Director. However, the City Engineer shall make the final decision regarding such design. a. The Development 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 (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES 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. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. b. The developer shall comply with all the provisions of thé NPDES Permit during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall incorporate in the project design water quality and watershed protection principal and post construction Best Management Practices (BMP's) selected for the project, in compliance with the NPDES Permit, to the satisfaction of the City Engineer. c. Prior to Final Map approval for the project, the Developer shall enter into an agreement with the City where Developer agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and : 4-45 PaCIe 32 DRAFT monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. d. Prior to Final Map approval, building permits, or at such time as required by the City Engineer for the Project, the Developer shall submit and obtain approval from the City Engineer of a maintenance program for the proposed post- construction BMP's. The maintenance program shall include, but not be limited to: 1) a manual describing the maintenance activities of said facilities, 2) an estimate of the cost of such maintenance schedule and activities, and 3) a funding mechanism for financing the maintenance program. In addition, the Developer shall enter into a Maintenance Agreement with the City to ensure the maintenance and operation of said facilities. e. Prior to approval of any grading, construction, and building permits for the project, the Developer shall demonstrate to the satisfaction of the City Engineer compliance with all of the applicable provisions of the municipal code, the City of Chula Vista Storm water Management Standards Requirement Manual (including the Regional Water Quality Control Board Municipal Permit 2001-01) and the City of Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP). The Developer shall incorporate into the project planning and design effective post construction BMP's and provide all necessary studies and reports demonstrating compliance with the applicable regulations and standards. BMP' s shall be identified and implemented that specifically prevent pollution of storm drain systems to the Maximum Extent practicable (MEP) from certain proj ect feature, land use, areas and activities. f. The Developer shall incorporate in the project design water quality and watershed protection principal and all post construction Best Management Practices (BMP's) selected for the Project, in compliance with the NPDES Permit. g. Indemnify, and hold harmless the City, it selected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Proj ect, whether the non-compliance results from any action by the Developer, any agent or employee, 4-46 Paa", " DRAFT subcontractors, or others. The indemnification shall include any and expenses, attorney's fees and liability the City. Developer's all costs, incurred by h. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. 60. Prior to approval of each·grading plan, submit a detailed hydraulic study analyzing the erosion potential of the off- site canyons downstream of the Project. Said study shall make recommendations satisfactory to the City Engineer to lower the velocities of the 5-, 10-, 25-, 50-, and 100 year flows such that the flow velocities will not permit excessive erosion to the canyon given the soil type and proposed recommendations. (Engineering) : 4-47 PaCle 34 DRAFT EXHIBIT "D" SECURITY REQUIREMENTS BELLA LAGO WATER QUALITY BASINS, DESILTATION AND NPDES COMPLIANCE AGREEMENT (Conditions Nos. 26, 28, 31, 33, 35, 36, 37, 38, 39, 49, 51, 52 and 60 of Bella Lago CVT 03-03) a) Cash Security Developer has submitted a Cash security in the amount of $25.000(City Account No contemporaneous with this agreement. b) Maintenance Bond Developer has submitted a Bond (Bond Number ) in the amount of $75,000 contemporaneous with this agreement. 4-48 D::::If""f'C> ",t:; COUNCIL AGENDA STATEMENT Item Meeting Date 6/14/05 o ITEM TITLE: Resolution approving the filing of a grant application to the Pilot Smart Growth Incentive Program through the San Diego Association of Governments (SANDAG) for federal surface transportation funds for the H Street Transit Corridor Project; certifying the commitment of matching local funds; and stating the assurance of the City of Chula Vista to complete the proj ect. SUBMITTED BY: City Engineer £II>< J;A-- Director of Planning & Buildin~ City Manager P (4/Sths Vote: Yes_No.1U REVIEWED BY: BACKGROUND: SANDAG has launched a $17 million incentive program to promote smart growth development throughout the region. The competitive grant program is designed to help local agencies implement ready-to-go, transit-oriented smart growth projects. The H Street Transit Corridor Project will install an array of smart growth amenities and improve travel along this primary Westside transit corridor between Interstate 805 and Interstate 5. The City proposes to apply for grant funding to the Pilot Smart Growth Incentive Program to help fund the project. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS: N/A DISCUSSION: The H Street corridor connecting Interstate 805 and Interstate 5 has been identified by SANDAG as a primary transit route through the urban core of the City and has been targeted for transit improvements by the City. The improvements are aligned with SANDAG's Regional Comprehensive Plan (RCP) for the area, as well as the General Plan Update and Urban Core Plan. The City is proposing major land uses in the GPU and the Urban Core Plan using the principles of smart growth, including major residential and minor commercial development. Ultimately, the corridor will also include bus rapid transit (BR T) service from 1-5 into the Eastern territories. The current project may be viewed as an initial phase in attaining those goals and will demonstrate the City's commitment toward implementing the more comprehensive plan. Existing conditions along the corridor have created an automobile-oriented roadway- one that is less pedestrian- friendly than desirable under the principles of smart growth. The proposed H Street Transit Corridor Project will improve the characteristics of H Street to make it more pedestrian friendly by installing pedestrian countdown signals and audible pedestrian signals at all signalized 5-1 Page 2, Item Meeting Date S 6/14/05 intersections. The project will improve the streetscape by adding medians and landscaping along the corridor ftom Third Avenue to Broadway.. Environmental Compliance: The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Future projects undertaken with this grant will be subj ect to environmental review. Project Funding: The total estimated cost of the project is $2,300,000 of which staff recommends applying for a $2,000,000 Pilot Smart Growth Incentive Program grant through the San Diego Association of Governments (SANDAG). The grant program requires the commitment of a minimum 11.47% City match of total project costs, although a higher match will receive a higher score in the competitive grant process. Staffhas identified available matching funds totaling $300,000 (approximately 13% of the total project cost) in TransNet funds, with which to augment the grant application. FISCAL IMPACT: There is no impact to the General Fund. Ifthe resolution is approved, the City will apply for Pilot Smart Growth Incentive Program grant funding in the amount of$2,000,000 and commit a total match of$300,000 ftom available TransNet funds to meet the total estimated project cost of$2,300,000. Ifthe grant is awarded, staff will return to Council with a recommendation to accept the grant funds, add the new project to the FY2005/06 Capital Improvement Program, and appropriate the grant funds and the match. J:ICathyBIGRANTS (PROJECT SPECIPIC)ITRANSPORTA 1l0NIPILOT SMART GROWTH INCENTIVEIH Street Transit CorridorlAI I 3.DOC 06/08/2005 < 5-2 RESOLUTION NO. 2005- DRAFT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE PILOT SMART GROWTH INCENTIVE PROGRAM THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENT (SANDAG) FOR FEDERAL SURFACE TRANSPORTATION FUNDS FOR THE H STREET TRANSIT CORRIDOR PROJECT; CERTIFYING THE COMMITMENT OF MATCHING LOCAL FUNDS; AND STATING THE ASSURANCE OF THE CITY OF CHULA VISTA TO COMPLETE THE PROJECT. WHEREAS, $17 million of federal Transportation Enhancement (TE) program funds are available to local jurisdictions through the Pilot Smart Growth Inventive Program (SGIP) in Fiscal Years 2006-2009; and WHEREAS, the City of Chula Vista wishes to receive $2 million in SGIP funds for the Southwest Palomar Community Transit Area Project; and WHEREAS, federal funding requires the commitment of necessary local matching funds of at least 11.47%; and WHEREAS, the City understands that the federal funding through the SGIP program is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded through the SGIP program; and WHEREAS, the City understands that the funds must be obligated by June 30, 2009 for SGIP capital projects, or the project funding may be rescinded. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Authorize the filing of an application for local assistance funds through the San Diego Association of Govemments (SANDAG) and Caltrans for $2 million in Pilot Smart Growth Inventive Program funding for the H Street Transit Corridor Proj ect; and 2. Certify that the City has available, prior to commencement of any work on the projects, the required match (up to $300,000).. 3. Provide assurance of the CityofChula Vista to complete the project. 5-3 DRAFT BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to SANDAG. Presented by Jim Sandoval Director of Planning and Building Sohaib Al-Agha City Engineer attorney\reso\grants\Pilot Smart Growth - H Street Corridor. doc 5-4 Approved as to fonn by 1)0-. 1. 4c. Ann Moore City Attorney COUNCIL AGENDA STATEMENT Item Meeting Date o 6/14/05 ITEM TITLE: Resolution approving the filing of a grant application to the Safe Routes to School Program for funds to improve pedestrian facilities at Harborside Elementary School; and certifying the commitment of matching funds. SUBMITTED BY: City Engineer~ City Manager ~ (4/5ths Vote: Yes _No...x) REVIEWED BY: BACKGROUND: The pedestrian facilities serving Harborside Elementary School students are in need of significant improvements. To improve the school route along Naples Street and Colorado A venue, an array of traffic and pedestrian facilities are recommended. The City proposes to apply for federal grant funding from the Safe Routes to School Program to help fund the project. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS: N/A DISCUSSION: Harborside Elementary School is located at the intersection of Naples Street and Colorado Avenue (see attached diagram) - both streets are heavily used during the school year by students and parents as they walk to and from home or parked cars. Recent pedestrian counts show that over 400 pedestrians per hour use this school route during peak school hours. A bare dirt shoulder with no sidewalk on the west side of Colorado Avenue is used as a parents' drop-off zone. Due to the volumes of both pedestrians llild vehicles, and the limited pedestrian facilities along Colorado and at the intersection with Naples, many children cross the street mid-block - often between parked or stopped vehicles. A mid-block crosswalk is provided directly in front ofthe school on Naples, but is itself unprotected by traffic signals or caution lights. The school route along Naples Street also serves children and parents who cross the trolley line to reach a residential community across Industrial Boulevard. While appropriate warning signs exist for motorists at the trolley crossing, none exist for those crossing the tracks on foot. The same trolley crossing will serve. families ftom the proposed 400 residential units to be built just south of the school at Industrial and Palomar in FY2006. Finally, the newly built Costco Warehouse property and the future WalMart are immediately adjacent to the elementary school and the Costco loading dock exits directly onto Naples Street. Trucks and other vehicular traffic from the new commercial complex pass the school in order to take advantage ofthe shortest route to Interstate 5. 6-1 Page 2, Item Meeting Date 6/14/05 ~ Recommended improvements: The proposed project will improve the school route to Harborside Elementary by replacing the unprotected crosswalk on Naples Street directly in front of the school with bulb-outs and an illuminated crosswalk, enhanced signage, pavement legends, and flashing beacons. The west side of Colorado Avenue will receive 450 feet of new sidewalk, and pedestrian ramps at the intersection. This project will also install a radar feedback speed limit sign along Naples Street near the school to aid tmckers and other motorists in maintaining posted speeds. The pedestrian path at the trolley crossing will be upgraded with trolley warning signage and limit lines. All construction will comply with current Americans With Disabilities (ADA) design standards. The total estimated costs to achieve these improvements to the Harborside Elementary School route are $338,800 (see Attachment 2). Staff proposes applying for project funding from the Safe Routes to School Grant Program to help meet these expenses. The grant program requires the commitment of a minimum 10% City match of total project costs. Staff therefore recommends augmenting the grant with matching funds in the amount of $50,000. These funds were required of Costco as a condition of permit approval in order to mitigate anticipated traffic impacts near the school. FISCAL IMP ACT: There is no impact to the General Fund. Ifthe resolution is approved, the City will apply for Safe Routes to School funding in the amount of $288,800, and commit a $50,000 match from Costco funds to meet the total project cost of$338,800. If the grant is awarded, staff will return to COlillcil with a recommendation to accept the grant funds, add the new project to the FY200S/06 Capital Improvement Program, and appropriate the grant funds and the match. Attachments: 1. Diagram of Proposed Project Area 2. Cost Estimate - Harborside Elementary School Pedestrian Facilities H IENGINEERIAGENDAIAI 13 - Hazard Eliminalion Safely Grant Application.DOC 6-2 - 0 0 "' -= "' ~ - 0 rJl 0 0 .,.. -= ~ ~ ...... ~ ~ [I.) rJl ...... 0 0 = - u ...... ~ '" 8 .. [I.) ~ ~ ...... - = ~ 0 ~ ~ "Q ~ .- [I.) ~ ~ rJl 0 '" ~ '" ~ ~ == - 0 0 ~ -= "0 <.J .- rJJ '" ;;.., .. 0 .. .t:J. ~ .. ..... ~ = := Š ~ - ¡;.:¡ A'ITACHMENT \ Trolley Line. ~~ 6-3 PROJECT NAME COST ESTIMATE Improvements along Naples Street and Colorado Avenue, at Harborside Elementary School NO. ITEM - Sidewalk Construction Improvements - - -- - . .... -.- --- .-----.----- --_. 15Ft Monolithic CB. Gtr. & S/W '__'___', '.u.._. _.__ ~ ! 4 i 5 I 6 7 8 9 , , 10 6" P.C.C. D/W ----- - ~-_._-------_. Asphalt Concrete Pavement & Seal Coat (Max. 4" thick) -- -- .----...--...---- Crushed Aggregate Base ---- ------ Pedestrian Ramps - Private Improvement Relocation Costs . - - __on ________.,_________.._ Remova! and Disposa! of Existing Improvements __ __....... n ..___.._.._..___ Striping - miscellaneous ---------~.-~- Road Construction Signs __._'_.n _____.'__... Survey -.'-. ..---..--.--- .... Subtotal Sidewalk Construction, , --- - - ----- ---- Traffic Construction Improvements -. .....- I 11 Install Striping in Thermoplastic (Incl. Pavement Markers) I ...----.-- ~ 12 InstaJl "Keep Clearn Pavement Legends, Signage and Striping on Naples Street_at CoJ~~ado A venue 13 Furnish and Install Crosswalk Lighting System wi Flashing Beacons ---- -----_.-~-- 14 Furnish and Install Radar Feedback Speed Limit Signs .- - -_.~-- 15 Replace Existing Yellow School Zone Signs with Florescent Yellow Signage (Diam.ond Grade)______________ 16 Furnish and Install Trolley Warning Signs for pedestrian path. .. .........--...--...--.-- 17 Protect, Restore, Remove and Dispose of Existing Improvement --.. .--.--- - ---.-.-----.--. 18 Traffic Control I ... .... n_ _'n._._ .__.___. __n_____________ __ ______ _ Su~~~L!raffic Improvements Construction: TOTAL CONSTRUCTION ..--.--------- ---.-----..-.---- .- ------.-------.------... 20 121 I . Conti~~e.':'ci~ (IO~oL L QTY. ATTACHMENT 2. UNIT , 450 . Lineal Foot : $ , : 1300 i SF I $ I ' i : $ I $ i $ I $ I j $ , $ : $ 1 $ 250 Tons 450 , Tons 2 Each I Lump Sum 1 Lump Sum I Lump Sum 4 Each I Lump Sum I I I 400 ! ! 1 i I , I I 2 , i : I , I , I : I I - Preliminary En~ineerin¡;þ: D~s.ign _________ l Construction Engineering, Inspection f - m--------p;:-,;j~~t Subtotall -------.-- --- ------------_._------------~_-! I 0.1 --.---.-- I TOTAL PROJECT COSTI .J :\Engineer\ Tratfic\Cost Estimates\Harborsideelem.xls 6-4 i Lineal Foot I $ Lump Sum : $ I Lump Sum i $ Each j $ I Lump Sum ' $ I Lump Sum : $ Lump Sum I $ Lump Sum $ I - Project #: DATE: PREPARED BY: New May 24, 2005 Jeff Moneda Patrick Moneda ¡ENGINEER'S ESTIMATE I UNIT COST TOTAL ! , 70.00 : $ 31,500.00 10.00 ! $ 13,000.00 115.00 ! $ 28,750.00 50.00 $ 22,500.00 2,500.00 $ 5,000.00 10,000.00 $ 10,000.00 25,000.00 $ 25,000.00 5,000.00 I $ 5,000.00 750.00 $ 3,000.00 20,000.00 $ 20,000.00 $ 163,750.00 4.001 $ 1,600.00 , 1,300.00 I $ 1,300.00 , 40,000.00 $ 40,000.00 15,000.00 $ 30,000.00 I I I $ i $ , , 1,000.001 $ 1,000.00 1.:--- 400.00 I $ 400.00 1,000.00 $ 1,000.00 1,000.00: $ 1,000.00 $ 76,300.00 $ 240,050.00 I 36,600.00 ,$ 36,600.00 31,350.00 I $ 31,350.00 '$ 308,000.00 : $ 30,800.00 i $ 338,800.00 '. DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE SAFE ROUTES TO SCHOOL PROGRAM FOR FUNDS TO IMPROVE PEDESTRIAN FACILITIES AT HARBORSIDE ELEMENTARY SCHOOL; AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS. WHEREAS, the Safe Route to School (SR2S) Prograrn is a federal program that resulted ftom the passage and signing of Assembly Bill (AB)1475; and WHEREAS, the California Department of Transportation (CaITrans) establishes and administers the Program and has been directed to "use federal' transportation funds for construction of bicycle and pedestrian safety and traffic calming projects"; and WHEREAS, current regulations require that official applications be submitted in order for proj ects to be considered for funding; and WHEREAS, projects are chosen and then approved for funding after the applications have been evaluated and assigned a priority by CaITrans; and WHEREAS, there are high volumes of pedestrian students, parents, and vehicles during peak school hours on the streets serving Harborside Elementary School; and WHEREAS, trucks and other vehicular traffic ftom the adjacent Costco/WalMart commercial property and other businesses in the area routinely pass the school on Naples Street in order to access the shortest route to Interstate 5; and WHEREAS, available pedestrian facilities along Colorado Avenue and Naples Street are limited or non-existent, including an unprotected mid-block crosswalk, parent drop-off area, and trolley crossing; and WHEREAS, the proposed project will improve the school route to Harborside Elementary by adding or upgrading pedestrian facilities in the area as well as providing signage, warning lights, and vehicle speed feedback signs to alert motorists; and WHEREAS, City staff recommends applying for project funding ftom the Safe Routes to School Grant Program to help meet project expenses; and WHEREAS, the City has on hand $50,000 required of Costco as a condition of pennit approval to help mitigate anticipated traffic impacts near the school; and WHEREAS, grant requirements include Council certification that these funds are available to be used as a grant match and are committed for the project; " 6-5 DRAFT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby I. Approve the filing of an application for local assistance funds ftom the Safe Routes to School Program for the Harborside Elementary School Pedestrian Facilities Project; and 2. Certify that the City has available, prior to commencement of any work on the projects, the $50,000 match. Presented by Approved as to fo= by Sohaib Al-Agha City Engineer '1)0- ,. Ho Ann Moore City Attorney attorney\resolgrants\Safe Routes to School Program - Harborsjde Elem.doc . 6-6 COUNCIL AGENDA STATEMENT Item Meeting Date 7 6/14/05 ITEM TITLE: Resolution approving the filing of a grant application to the Pilot Smart Growth Incentive Program through the San Diego Association of Governments (SANDAG) for federal surface transportation funds for the Palomar Gateway Community Transit Area Project; certifying the commitment of matching local funds; and stating the assurance ofthe City of Chula Vista to complete the project. SUBMITTED BY: City Engineer 6f< ~ Director of Planning & Building" U City Manager R (4/5ths Vote: Yes _No.1L) REVIEWED BY: BACKGROUND: The City has been working with developers and the Metropolitan Transit Development Board (MTDB) to create the Palomar Gateway Community Transit Area Project - a smart growth community that is walkable, mixed use, and transit supportive. The project will include an array of smart growth amenities featuring an enhanced transit station at its core, and planned residential and commercial land uses that reflect smart growth design principles contained in SANDAG's Regional Comprehensive Plan. The City proposes to apply for grant funding to the Pilot Smart Growth Incentive Program to help fund the project. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS: N/A DISCUSSION: The Southwest Chula Vista planning area was originally developed as part of the County of San Diego and annexed by the City of Chula Vista in 1985. This area is also part of the Southwest Redevelopment Area. From the 1-5 corridor, City residents and visitors enter Chula Vista via the major arterial- Palomar Street - which extends to the eastern territories of the City. The Palomar Gateway District is located on the south and north sides of Palomar Street between 1-5 and Industrial Boulevard (see attaçhed diagram). The neighborhoods that are planned for improvement as part of the Palomar Gateway Community Transit Area Project presently consist of vacant land, single family homes, duplexes, mobile homes, and limited commercial. Palomar Gateway is served by a major regional transit station and several local suburban feeder lines. The Trolley station also serves as a transfer point to the Blue Line, San Diego's regional light rail transit system. In future, a Bus Rapid Transit (BRT) regional line will eventually connect the Palomar Gateway District with the Eastern'territories. 7-1 Page 2, Item 7 Meeting Date 6/14/05 Building on planned and existing development in these neighborhoods, the City proposes to create a smart growth community that is walkable, mixed use, and transit supportive. The proposed Palomar Gateway Community Transit Area Project can be viewed as the initial phase of a larger development strategy to guide the development ofthe neighborhoods identified in the General Plan Update as the Palomar Gateway District. This initial phase consists primarily of street improvements along Palomar Street and Industrial Boulevard, intended to frame the planned residential and commercial development. (In 2006,400 new multi-family units are proposed for development within the project area.) The project will not only promote development efficiency but will encourage use oflocal and regional transportation by enhancing pedestrian access to the existing transit station at Palomar Street and Industrial Boulevard. Specifically, improvements to the project area will include a new transit station plaza connected to the trolley station platform, limited commercial amenities to serve commuters, enhancements to the intersection at Palomar and Industrial, new or upgraded pedestrian and bicycle facilities, and beautification of the Palomar Gateway corridor between 1-5 and Industrial Boulevard. Landscaping is also planned for Industrial Boulevard. Environmental Compliance: The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Future projects undertaken with this grant will be subject to environmental review. Project Funding: The total estimated cost of the project is $2,375,000, of which staff recommends applying for a $2,000,000 Pilot Smart Growth Incentive Program grant through the San Diego Association of Governments (SANDAG). SANDAG has launched the $17 million incentive program to promote smart growth development throughout the region. The competitive grant program is designed to help local agencies implement ready-to-go, transit-oriented smart growth projects that benefit ftom public/private financial partnerships. The grant program requires the commitment of a minimum 11.47% City match oftotal project costs, although a higher match will receive a higher score in the competitive grant process. Staff has identified available matching funds totaling $375,000 (approximately 16% ofthe total project cost) with which to augment the grant application. The match would consist of $200,000 in available Redevelopment Agency funds ftom the Merged Redevelopment Project Area; $50,000 in Ullallocated Transportation Development Act (TDA) capital improvement funds; and $125,000 in unallocated State-Local Transportation Partnership (SLTPP) funds. FISCAL IMPACT: There is no impact to the General Fund. Ifthe resolution is approved, the City will apply for Pilot Smart Growth Incentive Program grant funding in the amount of$2,000,000, and commit a total match of$375,000. The match will consist of contributions ftom the Redevelopment Agency ($200,000), unallocated TDA capital improvement funds ($50,000), and unallocated SLTPP funds ($125,000), to meet the total estimated project cost of $2,375,000. Ifthe grant is awarded, 7-2 Page 3, Item 7 Meeting Date 6/14/05 staff will return to Council with a recommendation to accept the grant funds, add the new project to the FY200S/06 Capital Improvement Progrr..-n, and appropriate the grant funds and the match. Attachment: I. Diagram of Proposed Project Area 2. Redevelopment Agency Letter of Commitment of Matching Funds H:\ENGINEERIAGENDAIAI13 - Palomar Gateway.DOC 06/08/2005 7-3 ATTACHMENT i CITY OF CHULA VISTA PALOMAR GATEWAY DISTRICT SGIP PROJECT Ú;¡' Z/l)... S;.¡.¡o~ >11<'>\1". N +E S ~ ~ LU a:: u. I!J ..!. DA STRE!:r COMMERCIAL~ CENTER ~ SGIP PROJECT BOUNDARIES DOROTHY STREET RAILROAD TRACKS ANITA STREET INDUSTRIAL LAND USES CD - TRANSIT STATION PLAZA ® - NECK-DOWNS ® - PEDESTRIAN CROSSINGS 0- TRANSIT PATRON DROP-OFF AREA. ( IND) ® - BUS PULL-OUT (PALOMAR) ® - MIXED-USE PLAZA (RET / COM) (j) - GATEWAY STREET MEDIAN ~- CITY GATEWAY STATEMENT 9 - NEIGHBORHOOD ENTRY MONUMENTS 1 - LANDSCAPE SCREENING ALONG 1-5 . 7-4 ATIACHMENT 2. V ~\ /"" ;!i~ ,:~ , ~" .....,,-~~ ~>~'"-"""",-~ "'-~~"""",-""""", CIlY Of CHULA VISTA REDEVELOPMENT AGENCY June 7, 2005 Gary Gallegos, Executive Director San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 AITN: SMART GROWTH INCENTIVE PROGRAM ' SUBJECT: Chula Vista Redevelopment Agency Matching Funds for Pilot Smart Growth Incentive Program DearMr.~ The Redevelopment Agency of the City of Chula Vista is pleased to announce its interest, in conjunction with the City of Chula Vista, in participating in SANDAG's Pilot Smart Growth Incentive Program. The City is currently in the process of preparing an application for a $2,000,000 grant under the program, including the required commitment of matching funds from the applicant agency. The City will be committing approximately 16% of the total project cost, equaling $375,000 of matching funds. $200,000 of these matching funds will be committed from Redevelopment Agency funds from the City's MErged Redevelaprrænt Project Area. We are appreciative of your organization's role in proactively facilitating and promoting smart growth policies and programs in San Diego County, and we are excited about our upcoming opportunities to participate in smart growth projects and planning activities. If you have any questions, please contact Dana Smith, Assistant Director of Community Development, by phone at (619) 691-5120 or bye-mail atdsmith@ci.chula-vista.ca.us. Sincerely, ÆQpß David D. Rowlands, Jr. Executive Director 276 FOURTH AVENUE' CHULA VISTA ;;~t..9:10' (619) 691-5047' FAX (619) 476-5310 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE PILOT SMART GROWTH INCENTIVE PROGRAM THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENT (SANDAG) FOR FEDERAL SURFACE TRANSPORTATION FUNDS FOR THE PALOMAR GATEWAY COMMUNITY TRANSIT AREA PROJECT; CERTIFYING THE COMMITMENT OF MATCHING LOCAL FUNDS; AND STATING THE ASSURANCE OF THE CITY OF CHULA VISTA TO COMPLETE THE PROJECT. WHEREAS, $17 million of federal Transportation Enhancement (TE) program funds are available to local jurisdictions through the Pilot Smart Growth Inventive Program (SGIP) in Fiscal Years 2006-2009; and WHEREAS, the City of Chula Vista wishes to receive $2 million in SGIP funds for the Southwest Palomar Community Transit Area Project; and WHEREAS, federal funding requires the commitment of necessary local matching funds of at least 11.47%; and WHEREAS, the City understands that the federal funding through the SGIP program is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded through the SGIP program; and WHEREAS, the City understands that the funds must be obligated by June 30, 2009 for SGIP capital projects, or the project funding may be rescinded. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Authorize the filing of an application for local assistance funds through the San Diego Association of Governments (SANDAG) and Caltrans for $2 million in Pilot Smart Growth Inventive Program funding for the Palomar Gateway Community Transit Area Project; and 2. Certify that the City has available, prior to commencement of any work on the projects, the required match (up to $375,000). 3. Provide assurance of the City of Chula Vista to complete the project. . 7-6 DRAFT BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to SANDAG. Presented by Approved as to form by "Do-- ( . We· Jim Sandoval Director of Planning and Building Ann Moore City Attorney Sohaib Al-Agha City Engineer attorneylresolgrantslPilot Smart Growth· SW Palomar Comm Transit.doc 7-7 COUNCIL AGENDA STATEMENT Item: '6 Meeting Date: 06/14/05 ITEM TITLE: Resolution approving the first amendment to the Design Build agreement with T.C. Construction Company, Inc. to incorporate the Guaranteed Maximum Price (GMP) of $1,047,961.00 for the design and construction of Poggi Canyon Trunk Sewer / Upgrade of Reach 205 (CIP SW226) and authorizing the Mayor to execute said amendment. Director of General Services ð Yà- City Managerß (4/5ths Vote: Yes _ No..x:J SUBMITTED BY: REVIEWED BY: The City Council previously approved CIP project No. SW226 and on November 16, 2004 approved a Design Build Agreement with T.e. Construction Company, Inc. for this project (City Council Resolution 2004-361). The Design Build Agreement contained a not to exceed price of $1,250,000.00 with the GMP to be set upon receipt of90% construction drawings. The project is nearing the end of the design phase and ready to start the construction phase this month. Tonight's resolution will approve the first amendment that will set the Guaranteed Maximum Price (GMP) under the not to exceed amount at $1,047,961.00. RECOMMENDATION: That the City Council approve the first amendment of the Design Build Agreement incorporating the GMP at $1,047,961.00 for the services required to design and construct the Poggi Canyon Trunk Sewer / Upgrade of Reach 206 project (CIP SW226) and authorizing the Mayor to execute said amendment. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: On November 16, 2004, City Council approved an agreement with T.C. Construction Company, Inc. for the services required to 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 and provide wastewater service to the eastern territories of the City. As part of that agreement, a Guaranteed Maximum Price (GMP) is to be established at 90% construction documents, which would include, but not be limited to, the cost for all labor, equipment, and material to design and construct a fully functional trunk sewer line in accordance with all applicable codes and requirements. A not to exceed amount of $1,250,000.00 for the project was established, based upon schematic drawings, in the Design Build agreement. 8-1 Page 2, Item: Meeting Date: 8 06/14/05 PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS The Design-Build Agreement with T.C. Construction Company, Inc. provides the City with a fully functional trunk sewer line that will upgrade Reach 205 of the Poggi Canyon Trunk Sewer. The scope of work includes, but is not limited to, the following: Designing and constructing 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 IS-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 fteeway 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 Avenue with Talus Street and to the east by the intersection of Oleander Avenue with Tilia Court in the City of Chula Vista. The First Amendment (Exhibit A) to the Design Build Agreement between the City of Chula Vista and T.C. Construction Company, Inc. will include setting the GMP at $1,047,961.00 which includes the Design Fees and General Conditions costs consistent with the approved Design Build agreement, replacing the construction cost breakdown of the Design Build Fee Structure contained in the original agreement with a revised construction cost breakdown, and revising the statement for Substantial and Final Completion dates. The GMP includes all design and construction services to complete a fully functional tunneled / open-excavation trunk sewer line that will upgrade Reach 205 of the Poggi Canyon Trunk Sewer. The total cost of the project and the GMP do not surpass the not to exceed amount of $1,250,000.00 set forth in the original agreement. The Substantial and Final completion dates will be amended to include actual dates in lieu of number of calendar dates ftom the Notice to Proceed as in the Original Agreement. The revised Substantial Completion date is September 6, 2005 and the revised Final Completion date is September 23,2005. CHANGE ORDERS Under the design/build process, change orders are handled differently than under the design/bid/build process. Change orders are only returned for Council approval if they exceed the approved GMP, or are for additional work requested by City, which results in a significant change to the original scope. Otherwise, change orders are reviewed/approved by staff and the design builder. This practice is commonplace when using the design/build construction technique. 8-2 Page 3, Item: Meeting Date: B 06/14/05 FISCAL IMPACT: PROJECT COSTS GMP $1,047,961.00 City Staff Costs $102,039.00 City Contingency $100,000.00 TOTAL PROJECT COSTS $1,250,000.00 PROJECT FUNDS Available Proj ect Funds $1,316,845.00 (Upgrade - Reach 205 of Poggi Canyon) TOTAL PROJECT FUNDS $1,316,845.00 T.C. Construction Company, Inc. has requested the GMP be set at $1,047,961.00. The GMP includes, but is not limited to, design services, general conditions, insurance, bonds, construction management, the cost for all labor, equipment, and material to design and build a fully functional tunneled / open-excavation trunk sewer line that will upgrade Reach 205 of the Poggi Canyon Trunk Sewer in accordance with all applicable codes and requirements. Exhibit A - First Amendment to the Design Build Agreement J:\General Services\GS Administration\Council Agc:nda\SW226 Poggi Canyon\Sw226 Final COWlcil Docwnents\SW226-GMP Council Reportgetdoc , 8-3 RESOLUTION 2005- DRAFT RESOLUTION APPROVING THE FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH T.C. CONSTRUCTION COMPANY, INe. TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) OF $1,047,961.00 FOR THE DESIGN AND CONSTRUCTION OF POGGI CANYON TRUNK SEWER / UPGRADE OF REACH 205 (CIP SW226) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT. WHEREAS, On November 16, 2004, Council approved a Design Build Agreement with T.e. Construction Company, Inc. for the provisions and services necessary to design and construct a fully functional tunneled / open-excavation trunk sewer line that will upgrade Reach 205 of the Poggi Canyon Trunk Sewer and provide wastewater service to the eastern territories ofthe City; and WHEREAS, it should be noted that the Environmental Review Coordinator had previously reviewed the project for compliance with the California Environmental Quality Act (CEQA) and detennined that the project qualifies for a statutory exemption pursuant to Section 15282(1) of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary; and WHEREAS, the total cost of the project and the guaranteed maximum price (GMP) do not surpass the not to exceed amount of$I,250,000.00 set forth in the Original Agreement; and WHEREAS, the parties now desire to amend the Agreement to incorporate the guaranteed maximum price of $1,047,961.00 for a fully functional tunneled / open-excavation trunk sewer line that will upgrade Reach 205 of the Poggi Canyon Trunk Sewer. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the First Amendment to the Design Build Agreement with T.e. Construction Company, Inc. to incorporate the guaranteed maximum price (GMP) of $1,047,961.00 for the design and construction of Poggi Canyon Trunk Sewer / Upgrade of Reach 205 (CIP SW226) and authorizes the Mayor to execute said amendment. Presented by: Jack Griffin Director of General Services ~ C:\Documents and Settings\cherylp\Local Settings\Temporary Intemeg~40LK12\Sw226-GMP Reso.doc THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~µ~~ Ann Mo City Attorney Dated: 0 ( 7f f :,'-- First Amendment to the Agreement with T.C. Construction Company, Inc. to incorporate The GMP for the design and construction of Poggi Canyon Trunk/Sewer Upgrade of Reach 205 (CIP SW226) 8-5 DRAFT First Amendment To the Design Build Agreement between the City of Chula Vista and T.C. Construction Company, Inc. For Design and Construction of Poggi Canyon Trunk Sewer / Upgrade of Reach 205 (SW226) This First Amendment is made and entered into this 14th day of June, 2005 by and between the City of Chula Vista (herein "City"), a municipal corporation, and T.C. Construction Company, Inc. (herein "Design Builder or DIE"). City and Design Builder are sometimes hereinafter referred to as Parties ("Parties") RECITALS WHEREAS, the City and DIE entered into an agreement ("Original Agreement") dated November 16, 2004 and approved by City Council Resolution 2004-361, whereby DIE provides design and construction services to the City for the construction of a fully functional tunneled / open-excavation trunk sewer line that will upgrade Reach 205 of the Poggi Canyon Trunk Sewer and provide wastewater service to the eastern territories of the City; and WHEREAS, the Original Agreement contained a guaranteed maximum price (GMP) not to exceed amount of$I,250,000.00; and WHEREAS, the total cost of the project and the guaranteed maximum price do not surpass the not to exceed amount of $1,250,000.00 set forth in the Original Agreement; and WHEREAS the parties now desire to amend the Agreement to incorporate the guaranteed maximum price of $1,047,961.00 for a fully functional tunneled / open-excavation trunk sewer line that will upgrade Reach 205 of the Poggi Canyon Trunk Sewer. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set forth herein, the City and Design Builder agree as follows: 1. Section I of Original Agreement, entitled General Scope of Work to be Performed by DIE, is hereby amended as follows: 1.3.2 Substantial Completion: Achieve "Substantial Completion" (as defined in §16.1) no later than 2~0 ealeHdar days from issuance of Notiee to Proeeed September 6th, 2005. 1.3.3 Achieve "Final Completion" (as defined in §16.2) No later than m calendar days ftom iSGuanee of Notice to Proeeed September nrd, 2005. . 8-6 DRAFT 2. Section 13 of the Original Agreement, entitled D/B GMP for Services and Reimbursements, is hereby amended to read as follows: 13.2 Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all services and obligations under this Agreement, DIB shall be compensated ("DIB GMP") by a sum to be detalmÎfiad at 90~( eonstruction documents $1,047,961.00. 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: 3. Exhibit 2 (Design Build Fee Structure) of the Original Agreement shall have the construction cost breakdown replaced with the revised construction cost breakdown included herewith. 4. Except as expressly provided herein all other provisions of the Original Agreement shall remain in full force and affect. 8-7 DRAFT Signature Page to the First Amendment to the Design Build Agreement between the City of Chula Vista and T.C. Construction Company, Inc. For Design and Construction of Poggi Canyon Trunk Sewer / Upgrade of Reach 205 (SW226) City of Chula Vista T.C. Construction Company, Inc. by Stephen C. Padilla, Mayor by \I\Jø. Wift/ Wes Wise, Vice President of Business Development Date ATTEST: Susan Bigelow, City Clerk. Approved in fo= by: Ann Moore, City Attorney , . J:\Gencral Scrviccs\GS ~dmin.istration\Council Agcnda\SW226 Poggi Canyon\Sw226:Final Council Documcnts\GMP Amendment SW226.gctdm: .. 8-8 t=-1-V\\\Ò\1 2.. 5U,ff\e..M"'''''t Poggi Canyon Trunk Sewer T.C. Construction Company, Inc. 10540 Prospect Ave. Santee, CA 92071 (619) 448-4560 Fax (619) 448-3341 Contact: Wes Wise Position: Project Manager Ext: 121 Contact: COIDoanv: Address: Roberto Yano, P.E. 1800 Maxwell Road ChuJa Vista, Co. 91911 Plans Dated: Sheet: Final Design Plans Phone: Fax: 619-397-6217 619-397-6250 Atrcuoved: Addenda: Date: 5-19-05 Bid#: B3030D Final Price to Establish the GMP for Poggi Canyon ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT Install & Bacldill Jacking Pit (West Side) 1.00 EA 32,305.000 32,305.00 Install & BacldiJl Receiving Pit 1.00 EA 16,119.000 16,119.00 Bore & Jack 42" Casing wi 27" PVC SDR 35 430.00 LF 668.000 287,240.00 27" PVC SDR 35 Open Cut 252.00 LF 251.000 63,252.00 Install 8' Dio.Pre-Cast MH wi T-Lnck & Zebren 2.00 EA 16,293.000 32,586.00 Manhole S-2 wi T-Lock and Zebron Coating 4.00 EA 8,786.000 35,144.00 Sewer Transfer from 18" VCP to 27" PVC 1.00 LS 18,927.000 18,927.00 Sluny Fill Existing 18" VCP Sower Main 740.00 LF 11.500 8,510.00 Abandon Existing Manhole 3.00 EA 1,000.000 3,000.00 Replace Existing Paving 55.00 TON 121.000 6,655.00 Replace Existing Class Two Base 110.00 TON 32.000 3,520.00 Traffic Control 1.00 LS 4,193.000 4,193.00 Install 4" Conduit & Pull Boxes 1.00 LS 1,969.000 1,969.00 Hydroseeding and Landscaping 1.00 LS 4,593.000 4,593.00 Install & Maintain Erosion Contral 1.00 LS 2,494.000 2,494.00 R & R Fence on East & West Side 1.00 LS 2,850.000 2,850.00 Replace Brew Ditch & Grade Bio Swa¡e 1.00 LS 2,261.000 2,261.00 Replace Curb & Gutter 200.00 LF 34.000 6,800.00 Replace Sidewalk 1,090.00 SF 8.000 8,720.00 Resident Engineer 1.00 LS 25,000.000 25,000.00 Tunnel Inspection 1.00 LS 25,000.000 25,000.00 Survey Staking 1.00 LS 19,000.000 19,000.00 Settlement Monitoring Install & Surveying 1.00 LS 10,515.000 10,5]5.00 Payment & Performance Bond 1.00 LS 7,965.000 7,965.00 TOTAL COST OF CONSTRUCTION $628,618.00 Page 1 of2 8-9 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT General Conditions 5.00 MON 33,850.000 169,250.00 SUBTOTAL GENERAL CONDITIONS 5169,250.00 Management Fee: 15% ofPrelimanary Canst. Cost 1.00 LS 94,293.000 94,293.00 TOTAL 5892,161.00 Alternate 1: T=el Machine MoblDemob 1.00 EA 6,500.000 6,500.00 Alternate 2: Hand Mine Throngh Cemented 1.00 LF 1,400.000 1,400.00 F onnation GRAND TOTAL 5900,061.00 NOTES: 1. Caltrans requires monies to be paid for pernrits, bonds, surveying, ect.. These cost will be paid by the City of Chnla Vista. TCC agrees not to put any mark-up on these costs. 2. The bore andjack quotation is based on good boring conditions with a maximlJIn cobble size of25% oflbe casing diameter, cobble presence not to exceed 50% of the LF bored and 25% of the excavated volmne. 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 . V0<-6. W..<A--t., 'S . 'Z.O - ös- Page 2 of2 8-10 COUNCIL AGENDA STATEMENT Item: L Meeting Date: 06/14/05 ITEM TITLE: Resolution approving Change Order No. I and Change Order No.2 for Veterans Park and authorizing the transfer of $11,984 ftom existing Capital Improvement Project PR265 (FF&E - Recreation Facilities) to the existing Veterans Park Capital Improvement Project PR238 for Change Order No.2, approving the second amendment to the Design Build Agreement with Douglas E. Barnhart, Inc. to incorporate said change orders and authorizing the Mayor to execute said amendment. Director of General Services ~ City Manager P (4/5ths Vote: Yes..x.. No~ SUBMITTED BY: REVIEWED BY: On May 27, 2003, Council approved a Design Build Agreement with Douglas E. Barnhart, Inc. for the provisions and services necessary to design and construct Veterans Park. On July 20, 2004 Council approved the First Amendment to the Design Build Agreement with Douglas E. Barnhart, Inc. establishing the GMP at $8,126,180. Change Order No. I and Change Order No, 2 provide for additional services requested by the City to install sports lighting at Veterans Park soccer field and for coordination and furnishing of indoor sports equipment. These change orders result in the project cost exceeding the GMP and therefore require the processing of the second amendment to incorporate said change orders pursuant to Section 14 of the Original Agreement. RECOMMENDATION: That the City Council approve Change Order No. I and Change Order No.2 for Veterans Park, approve the second amendment to the Design Build Agreement with Douglas E. Barnhart, Inc. to incorporate said change orders and authorize the Mayor to execute said amendment. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: . On May 27, 2003, Council approved a Design Build Agreement with Douglas E. Barnhart, Inc. for the provisions and services necessary to design and construct Veterans Park. Pursuant to the Design Build Agreement, the City may direct the Design Builder (D/B) to perform additional services beyond those originally contemplated and negotiate an appropriate adjustment in GMP. As construction of the project progressed it was identified by staff that soccer field lighting initially omitted through the value engineering process and planned for installation at a later date 9-1 Page 2, Item: Meeting Date: î 06/14/05 should be installed at this time. It would be prudent for the City to move forward with Change Order No. I as this would potentially eliminate any additional start up fees if installed after completion of the project and can be coordinated within the already defined project schedule, thus no additional days for construction are incurred. The sports lighting at the soccer field will provide for increased visibility and extended utilization and/or programming ofthe field. With regard to the sports lighting it should be noted that the Environmental Review Coordinator had previously reviewed the project for compliance with the California Environmental Quality Act (CEQA) and detennined that the project was adequately covered in the adopted Sunbow General Development Plan Final Environmental Impact Report, EIR 88-01 and subsequent Addendum. Thus, no further environmental review or documentation is necessary. In addition, staff is requesting that the line item for indoor sports equipment budgeted under the Furniture, Fixture and Equipment (FF&E) CIP PR265 for Veterans Park Recreation Facility, transfer to D/B for coordination and installation. In an effort to get the "best" pricing for indoor sports equipment, D/B provided the City with a fair estimate (Attachment B) whereby D/B will be responsible for the coordination and furnishing of said equipment. Staff has reviewed the estimate and concurs with the price. Douglas E. Barnhart, Inc. has submitted an estimate for the additional services requested by the City as Change Order No. I in the amount of $90,616 (Attachment A) and Change Order No.2 (Attachment B) in the amount of $11,984.00. City staff concurs with the estimates provided and recommends that Council approve Change Order No. I and Change Order No.2. In addition, staff also recommends the approval of the Second Amendment (Attachment C) to the Design Build Agreement with Douglas E. Barnhart, Inc. to incorporate said change order, amending the GMP ftom $8,126,180 to $8,228,780 as necessary to complete the project. FISCAL IMPACT: There are no additional appropriations to the project as there are sufficient funds in the project contingency and existing FF&E CIP to fund the additional services to be provided by the Design Builder, however, tonight's resolution will authorize the transfer of $11,984 ftom existing Capital Improvement Project PR265 (FF&E - Recreation Facilities) to the existing Veterans Park Capital Improvement Project PR238 for Change Order No.2. Attachment A - Proposed Change Order No.1 Attachment B - Proposed Change Order No.2 Attachment C - Second Amendment to the Design Build Agreement M:\General Services\GS Administration\Council Agenda\Veterans Park\Veterans Park Rev Second Amendment GMP Al13.doc 9-2 Change Order No. 1 DOUGLAS E. BARNHART. INC. ESTIMATE FOR CHANGE ORDER ATTACHMENT A BARNHART LOG # 02 CONTRACT: CONTRACT TITLE: #3009 Veterans Park CHANGE DESCRIPTION: Provide sports lighting at soccer field (PCa 002) DATE: 12/17/2004 1. Labor 2. Material 3. Equipment 4. Other Items & Expenditures 5. Subtotal (lines 1 - 4) 6. Markup 7. Subtotal Qines 6+7) o o o o o o o 3.75% SUBCONTRACTOR'S WORK COMPANY REMARKS Gould Electric 85,790 o o o o o 8. Subcontractor's Work Total 9. Markup on Subcontractor's Work 10. Snbtotal Qines 8+9) 3.75% 85,790 3,217 89,007 CHANGE ORDER TOTALS 11. Prime Contractor & Subcontractor Costs (lines 7+ 1 0) 12. Bond Cost (0.8% ofline 11) 13. Subtotal (lines 11+12) 14. Insurance (1 % ofÌine 13) 15. Subtotal (lines 13+14) 16. Extended overhead for ( 0 ) days 17. Total Cost Qines 15+16) TIME EXTENSION AND JUSTIFICATION 89,007 712 89,719 897 90,616 o 90,6161 CALENDAR DAYS Cost Code NAME AND TITLE OF PREPARER Mike Easter, Project Manager 9-3 ~ . GOULD ELECTRIC, INC 12130 DearlJom Place Poway, CA 92064 Phone (858) 748-2474 Fa:( (858) 748-2431 fìt -- ..... --=- sw.~Líc. ¡;1~m036 FAX TRANSMITTAL FROM '1'.tüi DESK OF... Dave Wedeking Project Manager Fax ~ 513-7170 ¡ ;~""...., ~ ; {-~.,,:,..... ,\"_,J ¡ ,,'!J ß J''"1 0 Ed ;' ?<- U W ~;""C¿.. 0 DATE: 10/28/04 ATTENTION: MíkeEaster COMPANY: DEB REGARDING: Veterans Park ¡;-. 1:;""\': ¡. .--."--," '- ; q; 1 ¡ ~"" i ¡:: \' ~ 0r'T L 9 200,4 ,¡ :!í ,; ,','¡ I'"' '-'L...........~..__._.·__·_-'·_-' : , . , ' t..--...----------.--.-...... THIS FAX CONTAINS 3 PAGES INCLUDING THIS TRANSMITrAL PAGE. ************************************* MESSAGE: Mike, Find attached revised "pricing for the added Musco Ughts For the Soccer Field. :~=~:~øZfBY: 9-4 10/29/04 Þ1 Douglas E. Barnhart Attn: Mike Easter 10760 Th<Jmmint Read San Diego, Ca. 92127 Tel: 658-335-2335 Fax: 619-656-9260 GOULD ELECTRIC, INC. 12130 Dearborn Place Poway, CA 92064 Phone (858) 748-2474 Fax (858) 748-2431 Starr¡ ContracrDJ:V Lù:. C1 (). 373036 . ~~ CHANGE NOTICE CCN# CCN Date Rd#1 Ref#2 Job name: Job number: ContnJett: Page numÞer: 003 101.2812004 SocœrField Sports Lighls Veterans Park ISOS 3009 10f2 Work Oe$GriptÏOrl SCOPE OF WORK TO BE COMPLETED ON THIS CHANGE REQUEST: Cost to add socœr field sport lighting back inlo work scope. CLARIFICATIONS: · We ,"erve the right 10 CO/T8ç1 this quote for em;¡ts and omissions. · This quote covers direct costs only and we reserve the right 10 daim for impact and c:Qnsequential costs. · This price is good for ac:œptanœ within 15days fi"om the date of neceipt. · We reqU8!St a time extension of 00 days. · All exclusions in co.\lract and or bid proposal Jetter sijll apply unless $I8!ed in scope above. THE STATUS OF THIS CHANGE REQUEST IS : ADMINISTRATIVE NareS: xx Work 01'1 hold pending approvaJ of this change request Material Ovefi¡ead ~ Miscellanwus materials & cartage Work in progress per your WRITTEN instl\Jdioos. Labor OIIerhead ~ Small tools & cosumable goOOs Wort< c:ompleted on T & M basis. Labor Markup ~ Saftey SUppfies and OSHA Requirement>¡ XX Please foIWard your Subcontracl Modification fat this scope. Material Mariwp::' Wan-enty XX D<oiveted by FAX. Musco U9hting Qty Price U Hrs U U;d$ Tœ Hns Musco Ughting 1 57,600.00 E 56.00 E 57,600.00 56.00 Totals $57,600.00 56.00 Add$d Underground Wiring Qty Price U HIS U Mat $ Tot. HIS 1" PVC 1,500 95.89 C 4.00 C 1,4æ.35 60.00 1" PVC COUPLING 25 31_30 C 0.00 C 7.83 0.00 1" PVC 90 DEG ELBOW 8 104.00 C 50.00 C 6.32 4.00 r¡;10 THHN 7.500 150.94 M 5.34 M 1,132.05 40.05 aOA 3P BREAKER BOLT-ON 4 98.98 E 0.50 E 395.92 2..00 5--17 concrete boxes 4 25.00 E 0.00 E 100.00 0.00 Totals $3,082.47 106.05 Summary Total ($) : General Materials 60,662,47 Material Tax (@ 7.750 %) 4,702,89 ~ Total 9-5 65,385.36 ElECTRICIAN (162.05 Hr'$ @ $50.00) 6,102.50 ,..-..-...,----- CCN# Job name; Job number. Contr.ocfil: Page number: 003 Veterans Park 18013 3009 2of2 Summary (cont) FOREMAN , . PROJECT MANAGER Subtotal Overf1eaá Marlwp Subtotal Adjustment #2 Final Amount (12.00 Hrs @ $52.00) (3.00 Hrs @ $55.00) (@ 10.000 %) (@ 5.000 %) (@ 0.000 %) T ota! ($l 624.00 165.00 74,276.86 7,427.69 4,OB5.23 ðS.789.78 0.22 $86,790.00 CUENT ACCEPTANCE CCN#: 003 Final Price: $85790.00 Date: Signature: Change Order #: I here:by1CC8p11t1111 quo&afionMd ~ItK!=COnhdOt1DcctqpldcØ¡e.vc~work. 9-6 DOUGLAS E. BARNHART. INC. Change Order No. 2 ESTIMATE FOR CHANGE ORDER ATTACHMENT ..B BARNHART LOG # 23 CONTRACT: CONTRACT TTILE: #3009 Veterans Park CHANGE DESCRIPTION: Furnish lndoor Sports Equipment per First Service proposal dated 4/5/05 (pCO 37). DATE: 5/25/2005 1. Labor 2. Material 3. Equipment 4. Other Items & Expenditures 5. Subtotal (lines 1 - 4) 6. Marlrup 7. Subtotal (lines 6+7) 3.75% o o o o o o o SUBCONTRACTOR'S WORK COMPANY REMARKS Fir1!t Service 11 ,346 8. Subcontractor's Work Total 9. Marlrup on Subcontractor's Work 10. Subtotal (lines 8+9) 3.75% 11 ,346 425 11,771 CHANGE ORDER TOTALS 11. Prime Contractor & Subcontractor Costs (lines 7+10) 12. Bond Cost (0.8% of line 11) 13. Subtotal (lines 11+12) 14. Insurance (1 % ofline 13) 15. Subtotal (lines 13+ 14) 16. Extended overhead for ( 0 ) days 17. Total Cost (lines 15+16) TIME EX1ENSION AND mSTIFlCATION 11,771 94 11,866 119 11,984 o 11,984 I o CALENDARDA YS Cost Code NAME AND TITLE OF PREP ARER Mike Easter, Project Manager 9-7 APR-05-2005 07:52AM FROM-FIRST SERVICE f\\\S'\ SE:\\'Il\' E: Œ,ijiUI,-nl $:íAAIGHT' - lINECECtITERPHIS¡$.I~G QUOTA TION/SCOPE LETTER: 707-781-1970 T-520 P.002/00' F-2S1 SECT. 11490 -Indoor Gymnasium Equipment Date: Project: Bidding To: Sections Bid: April 5, 2005 Veterans Park - Chula Vista Douglas C. Barnhart, Inc. Section 11490 - Gymnasium Equipment. American Athletic, Inc.. who is listed as an approved manufacturer fur all items bid, manufactures all items included in our proposal. 11490 Gvmnasium Eauipment: $11,346 Furnished & InstalledwfTax Furnish and install four (4) end slide multi sport package posts with four (4) floor sleeves and plates; two (2) volleyball nets; tWo (2) sleeves and covers for multi sport package to be used as end posts on badminton courts; four (4) each of Badminton multi court posts with four (4) floor sleeves and covers; six (6) Badminton nets with extra cable to span the desired length between posts. See next page for detailed equipment listing. EXCLUSIONS: Please see notes for important information. Scope: NOTE: A detailed equipment listing is attached, and is considered an integral part of this proposal. We have reviewed the specific information concerning the construction of the floor. We will core the 4" slap and create a concrete substructure to hold the floor insert in place, General Contractor will provide layout off/oor sleeves, instafler is responsible for exact location of sleeves per planed layout provided. ADDENDA: LABOR: QUESTIONS: None (0) Noted. Non-prevailing wage rate labor. Our installers are non-union. Jameson Shiek or Dan Goldblatt @ (BOO) 227-1742. Prices quoted are based on furnishing the above-described eq uipment in accordance with the Manufacturer's published standard construction specifications (unless otherwise noted) and specifically exclude furnishing products by any other manufacturer or to any other specification. Prices quoted are valid for sixty (60) days after award of contract to General Contractor, and are based on delivery and installation of the equipment not later than June 20, 2004. Phone 707.781.1960· Toll Fre ¡ 800.227.1742· Fax 800.809.9172 737 Southpoint Boule~ñf? Suite 0, Petaluma, CA 94954 .. ._R.. _I..L...-....ZJ: __ _ .:_................. -#Qo")t3Q7Q: APR-05-2005 07:52AM FROM-FIRST SERVICE 707-781-1970 T-520 P.OOS/OOS F-281 Equipment Listin!:l: Section 11490 {Gvmnasium EQuipment} Vollevball 2 Pr 408-465 The slide Volleyball System (includes 4 posts, 2 volleyball nets wtth Antennae, and Tape) Brass PV Floor Plates and sleeves 4 Pr 408-420 Badminton 2 Ea 434-050 4 Ea 408-141 Official Badminton Net Badminton System Multi Court Package, Includes 4 posts, 4 floor sleeve and 4 nets Additional cabling for badminton nets to span length between posts. 6 Ea Misc. 4 Ea Misc. Up charge for Brass floor covers on Badminton System. Phone 707.781.1960. Toll F!?J)d300.227.1742· F=ax 800.809.9172 737 Southpoint Boulevard, 'Suite D, Petalurna, CA 94954 .--- - --- DRAFT RESOLUTION 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. I AND CHANGE ORDER NO.2 FOR VETERANS PARK AND AUTHORIZING THE TRANSFER OF $11,984 FROM EXISTING CAPITAL IMPROVEMENT PROJECT, PR265 (FF&E - RECREATION FACILITIES) TO THE EXISTING VETERANS PARK CAPITAL IMPROVEMENT PROJECT PR238 FOR CHANGE ORDER NO.2, APPROVING THE SECOND AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH DOUGLAS E. BARNHART, INC. TO INCORPORATE SAID CHANGE ORDERS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT. WHEREAS, On May 27, 2003, Council approved a Design Build Agreement with Douglas E. Barnhart, Inc. for the provisions and services necessary to design and construct Veterans Park; and WHEREAS, On July 20, 2004 Council approved the First Amendment to the Design Build Agreement with Douglas E. Barnhart, Inc. establishing the Gl'v1P at $8,126,180; and WHEREAS, Change Order No. I and Change Order No.2 are for additional services requested by City to install sports lighting at the Veterans Park soccer field and for coordination and furnishing of indoor sports equipment, which will require adjusting the GMP to incorporate said change orders as per Section 14 of the Original Agreement; and WHEREAS, as construction of the project progressed it was identified by staff that soccer field lighting initially omitted through the value engineering process and planned for installation at later date should be installed at this time; and WHEREAS, it should be noted that the Enviromnental Review Coordinator had previously reviewed the project for compliance with the California Enviromnental Quality Act (CEQA) and detennined that the project was adequately covered in the adopted Sunbow General Development Plan Final Enviromnental Impact Report, EIR 88-01 and subsequent Addendum. Thus, no further enviromnental review or documentation is necessary. WHEREAS, in addition, staff is requesting that the line item for indoor sports equipment budgeted under the Furniture, Fixture and Equipment (FF&E) CIP PR265 for Veterans Park Recreation Facility, transfer to D/B for coordination and installation; and WHEREAS, Douglas E. Barnhart, Inc. has submitted estimates for the additional services requested by the City as Change Order No. I in the amount of $90,617 and Change Order No.2 in the amount of$11,984.00; and WHEREAS, City staff concurs with the estimates provided and recommends that Council approve Change Order No. I and Change Order NO.2 for additional services; and WHEREAS, staff also recommends the approval of the Second Amendment (Attachment B) to the Design Build Agreement with Douglas E. Barnhart, Inc. to incorporate said change : C:\Documents and Settings\cherylp\Local Settings\Temporary Intem9.Eil1s~LK12\Vcterans Park Rev Second Amdmt Reso.doc DRAFT orders, amending the GMP ftom $8,126,180 to $8,228,780 as necessary to complete the project; and WHEREAS, there are no additional appropriations to the project as there are sufficient funds in the project contingency and existing FF&E CIP to fund the additional services to be provided by the Design Builder however, tonight's resolution will authorize the transfer of $11,984 ftom existing Capital Improvement Project PR265 (FF&E - Recreation Facilities) to the existing Veterans Park Capital Improvement Project PR238 for Change Order No.2. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve Change Order No. I and No.2 for Veterans Park authorizes the transfer of $11,984 ftom PR265 to PR238, approves the second amendment to the Design Build Agreement with Douglas E. Barnhart, Inc. to incorporate said change order and authorizes the Mayor to execute said amendment. Presented by Approved as to fonn by ¥~¡)d C" At~~:ey Jack Griffin Director of General Services C:\Documents and Settings\cherylp\Local Settings\Temporary lntemg.E.:ittsFLK12\Veterans Park Rev Second Amdmt ReSQ.doc DRAFT ATTACHMENT ê- Second Amendment To the Design Build Agreement between the City of Chula Vista and Douglas E. Barnhart Inc. For Design and Construction of Veterans Park This Second Amendment is made and entered into this 14th day of June, 2005 by and between the City of Chula Vista (herein "City"), a municipal corporation, and Douglas E. Barnhart, Inc. (herein "Design Builder or D/B"). City and pesign Builder are sometimes hereinafter referred to as Parties ("Parties") RECITALS WHEREAS, the City and D/B entered into an agreement ("Original Agreement") dated May 27, 2003 and approved by City Council Resolution 2003-227, whereby D/B provides design and construction services to the City for the construction of a fully functional park and recreation center including the facilities and site-work; and WHEREAS, the First Amendment to the Agreement contained a guaranteed maximum price not to exceed amount of$8,126,180; and WHEREAS, Change Order No.1 and Change Order No.2 are for additional services requested by City to install sports lighting at the Veterans Park soccer field and for coordination and furnishing of indoor sports equipment, which will require adjusting the GMP to incorporate said change orders pursuant to Section 14 of the Original Agreement; and WHEREAS, D/B submitted estimates for the additional services requested by the City as Change Order No. I in the amount of $90,617 and Change Order No.2 in the amount of $11,984; and WHEREAS, City staff concur with the estimates and is requesting Council approval for Change Order No. 1 and Change Order No. 2 for additional services; and WHEREAS the parties now desire to amend the Agreement to incorporate Change Order No. 1 and Change Order No.2 for additional services and amending the guaranteed maximum price ftom $8,126,180 to $8,228,780. NOW, THEREFORE, in consideration ofthe recitals and the mutual obligation of the Parties set forth herein, the City and Design Builder agree as follows: 1. Section 1 of Original Agreement, entitled General Scope of Work to be Perfonned by D/B, is hereby amended as follows: 1.3.1 Perform all services, work and obligations as described herein for the not to exceed amount of $8, 126, 180 $8,228,780 pursuant to Section 13 of this Agreement, which shall include Design Services and General Conditions 9-12 DRAFT necessary to provide a fully completed and functional Project. DIE shall perfo= all Design Services and General Conditions for the not to exceed amount of $1,141,005 as outlined in the Design Build Fee Structure (Exhibit 3 & 5). At 90% complete construction documents a GMP will be established pursuant to Section 13 of this agreement, which will include, but not limited to, the cost for all labor, equipment, and material to design and build a fully functional park and recreation center in accordance with all applicable rules, regulations, and laws. The DIE fee shall be 3.75% of hard construction costs and the bond cost shall be 0.80% of hard construction costs. Any costs incurred by DIE in excess of said GMP shall be the sole responsibility of the D/B, unless a change order is approved by the City pursuant to Sections 9 and 14 of this agreement. All funds remaining in the GMP at the completion of the project shall belong to the City. 2. Section 13 of the Original Agreement, entitled DIE GMP for Services and Reimbursements, is hereby amended to read as follows: 13.1.1 The GMP shall not exceed $g,12é,180 $8,228,780 and include within said GMP shall be no more than $1,141,005 for Design Services and General Conditions as previously identified in Section 1.3.1 of this agreement. 3. Exhibit 3 ofthe Original Agreement shall be supplemented with Change Order No. 01 and Change Order No. 2. 4. Except as expressly provided herein all other provisions of the Original Agreement shall remain in full force and affect. 9-13 DRAFT Signature Page to the Second Amendment to the Design Build Agreement between the City of Chula Vista and Douglas E. Barnhart, Inc. For Design and Construction of Veterans Park . City of Chula Vista Douglas E. Barnhart, Inc. by Stephen C. Padilla, Mayor Date ATTEST: Susan Bigelow, City Clerk Approved in form by: Ann Moore, City Attorney e and Title CE.o ~h~> M:\General Services\GS Administration\Council Agenda\Veterans Park\GMP Second Arnendment\Veterans Rev Second Amendment Signature Page.doc 9-14 COUNCIL AGENDA STATEMENT Item t ð Meeting Date 06/14/05 ITEM TITLE: Resolution Accepting bids and awarding various landscape maintenance contracts totaling $1,385,580.29 for Open Space Districts (OSD)2, 3,4, 5, 6, 7, 8, 9, 10, 15, 17, 18,20,23,24,26,31; Conununity Facility Districts (CFD) 97-1 STA B, 97-1 AM (OtayRanch), 97-1 AB (Otay Ranch), 98-1 & 98-3 (TCR), 98-3 (Sunbow II), CFD 99-2 (Otay Ranch), Telegraph Canyon Road (TCR) Phase 2 & Phase 3, and Medians and Parkways (M & P) and authorizing the Purchasing Agent to renew the agreements for five (5) additional, one (I) year option periods SUBMITTED BY: Director of Public Works Operations ~ City Managerp P (4/5ths Vote: Yes_NoÅ) REVIEWED BY: Bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to term and expire on June 30, 2005. BOARD/COMMISSION RECOMMENDATION: N/A RECOMMENDATION: That Council adopt a resolution to accept bids and award various landscape maintenance contracts totaling $1,385,580.29 to: Aztec Landscaping ($67,671.93); Blue Skies ($97,412.00); Brewer Lawn Maintenance ($18,380.10); New Way ($238,792.00); RC's Landscape ($166,488.60); Tru Green ($69,579.02); and Merchants Landscape ($727,256.64); and authorizing the Purchasing Agent to renew agreements for five (5) additional, one (I) year option periods. DISCUSSION: The Purchasing Agent requested bids for the provision of Landscape Maintenance of Open Space Districts. 119 Invitation to Bid letters were mailed out; twelve (12) were sent to local contractors. The bid was also advertised in the Chula Vista Star News, San Diego Union Tribune, and on the City's Website. Representatives ftom twenty-two (22) companies attended a mandatory pre-bid conference held on March 24th and bids were opened on April 14th Nine (9) contractors submitted bids. Three (3) of the respondents are ftom Chula Vista. A summary of the apparent low bidders! follows: I Includes tree trimming and applicable payment terms '. 10-1 Page 2, Item I 0 Meeting Date 06/14/05 Summary of Low Bidders Aztec Landscaping Merchants Landscape CFD 98-1 & 98-3 (TCR) - $7,898.04 CFD 98-3 Sunbow IT - $287,844.48 CFD 97-1 STA B - $125,132.76 CFD 97-1AB (OR) - $67,601.88 CFD 99-2 (OR) - $88,183.44 OSD 2 - $4,599.84 OSD 5 - $11,537.64 OSD 6 - $5,288.04 OSD 7 - $3,810.00 OSD 9 - $25,350.93 District 20, Zone 6 - $42,321.00 Total: $67,671.93 Blue Skies CFD 97-1 AM (OR) - $97,412.00 Brewer Lawn Maintenance OSD 3 - $18,380.10 Total: $18,380.10 OSD 15 - $3,737.52 OSD 17 - $1,087.92 OSD 18 - $37,207.92 District 20, Zone 4 - $28,141.56 OSD 24 - $5,995.68 OSD 26 - $2,220.00 OSD 31 - $28,024.80 TCRD, Phase 2 - $9,263.52 TCRD, Phase 3 - $9,681.60 Total: $727,256.64 New Way OSD 8 - $24,644.00 District 20, Zone 5 - $214,148.00 Total: $238,792.00 RC'S Landscape OSD 4 - $33,275.96 OSD 10 - $33,212.64 District 20, Zone 7 - $100,000 Total: $166,488.60 Tru Green M&P2 _ $41,929.57 District 20, Zone 2 - $17,819.49 OSD 23 - $9,829.96 Total: $69,579.02 Total (AU Districts): $1,385,580.29 Original bid submittals are available in the Purchasing Agent's office. The bid process yielded the following results: . The 30 contracts for these districts total: $1,385,580.20; · The current contracts for FY05 total: $1,823,630, and · Bids represent a savings of approximately $438,050 or 24% from the FY05 amount. 2 Does not include Tree Pricing 10-2 Page 3, Item ,0 Meeting Date 06/147õ5 For Council's information, the bid process yielded the following results for all districts (36 contracts): . The 36 contracts for all districts total: $1,656,764.93; · The current contracts for FY05 total: $2,122,813, and . Bids represent a savings of approximately $466,000 or 22% ftom the FY05 amount. The contract is for one year with five one-year options if work perfonnance is satisfactory. Additional extensions of one year shall be by mutual agreement of the Contractor and City. Prices shall be firm for the first contract year. For the option years, price increases are based on changes in the anoual San Diego Consumer Price Index, for an amount not to exceed 5%. The City reserves the right to accept option year price increases or terminate the contract without penalty. The City reserves the right to extend the unit pricing on districts that may have phases in development that will be turned over to the City for maintenance in the future. The contract period for the initial year starts on July I, 2005, through June 30, 2006. CONCLUSION: The bids represent an overall savings of approximately $438,050 or 24% ftom the FY05 amount. It is uncommon that maintenance prices in the "Green Industry" go down during periods of active economic growth and development, as most landscaping companies prefer to complete landscape installation as opposed to landscape maintenance. In light of these unanticipated savings, staff recommends the acceptance of these bids and the award of these contracts. FISCAL IMPACT: All landscape maintenance costs will be borne by the respective homeowners in each Open Space District or Community Facility District. Therefore, there is no impact to the General Fund. C:\Documents and Settlngs\robet1b\My Documents\Bob\A113 (all other) Landscape Maintenance Contracts FY06.doc 10-3 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING VARIOUS LANDSCAPE MAINTENANCE CONTRACTS TOTALING $1,385,580.29 FOR OPEN SPACE DISTRlClS (OSD) 2, 3, 4, 5, 6, 7, 8, 9, 10, 15, 17, 18, 20, 23, 24, 26, 31; COMMUNITY FACILITY DISTRICTS (CFD) 97-1 STA B, 97-1 AM (OTAY RANCH), 97-1 AB (OTAY RANCH), 98-1 & 98-3 (TCR), 98-3 (SUNBOW II), CFD 99-2 (OTAY RANCH), TELEGRAPH CANYON ROAD (TCR) PHASE 2 & PHASE 3, AND MEDIANS AND PARKWAYS (M & P) AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE (5) ADDITIONAL, ONE (I) YEAR OPTION PERIODS WHEREAS, bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to term and expire on June 30, 2005; and WHEREAS, the Purchasing Agent requested bids for the provision of landscape maintenance of Open Space Districts. One hundred nineteen (1190 invitation to bid letters were mailed out; twelve (12) were sent to local contractors. Representatives ftom twenty-two (22) comnanjes attended a mandatorv nre-bid conference held on March 24th and bids were onened on Apri<1 14th; and - < - WHEREAS, nine (9) contractors submitted bids. Three (3) of the respondents are ¡rom Chula Vista. A summary of the apparent low bidders follows: Summary of Low Bidders Aztec Landscaping Merchants Landscape CFD 98-1 & 98-3 (TCR) - $7,898.04 CFD 98-3 Sunbow II - $287,844.48 CFD 97-1 STA B - $125,132.76 CFD 97-IAB (OR) - $67,601.88 CFD 99-2 (OR) - $88,183.44 OSD 2 - $4,599.84 OSD 5 - $11,537.64 OSD 6 - $5,288.04 OSD 7 - $3,810.00 OSD 9 - $25,350.93 District 20, Zone 6 - $42,321.00 Total: $67,671.93 Blue Skies CFD 97-1 AM (OR) - $97,412.00 Brewer Lawn Maintenance OSD 3 - $18,380.10 Total: $18,380.10 OSD 15 - $3,737.52 OSD 17 - $1,087.92 OSD 18 - $37,207.92 District 20, Zone 4 - $28,141.56 New Way 10-4 DRAFT OSD 8 - $24,644.00 District 20, Zone 5 - $214,148.00 Total: $238,792.00 OSD 24 - $5,995.68 OSD 26 - $2,220.00 OSD 31 - $28,024.80 TCRD, Phase 2 - $9,263.52 TCRD, Phase 3 - $9,681.60 Total: $727,256.64 RC'S Landscape OSD 4 - $33,275.96 ûSD iO - $33,2i2.64 District 20, Zone 7 - $100,000 Total: $166,488.60 Tru Green ~.1&P -- $41,929.57 District 20, Zone 2 - $i 7,819.49 OSD 23 - $9,829.96 Total: $69,579.02 Total (All Districts): $1,385,580.29; and WHEREAS, original bid submittals are available m the Purchasing Agent's office. The bid process yielded the following results: · The 30 contracts for these districts total: $1,385,580.20; . The current contracts for FY05 total: $1,823,630.00, . Bids represent a savings of approximately $438,049.80 or 24% from the FY05 amount; and WHEREAS, the contracts are for one year with five one-year options to be ~;~~rcis:3d ÙJ. the sole discretion of the City if "vork perfonnance is s3.tisf~ctcry. Price:: sh2..11 be Drm for the first contract year. For the option years, price increases are based on changes in the annual San Diego Consumer Price Index, for an amount not to exceed 5%. The City reserves the right to accept option year price increases or terminate the contract without penalty; and WHEREAS, the City reserves the right to extend the unit pricing on districts that may have phases in development that will be turned over to the City for maintenance in the fÌ1ture. The contract period for the initial year starts on July 1, 2005, through June 30, 2006; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does accept bids and award various landscape maintenance contracts totaling $1,385,580.29 to: Aztec Landscaping ($67,671.93); Blue Skies ($97,412.00); Brewer Lawn Maintenance ($18,380.10); New Way ($238,792.00); RC's Landscape ($166,488.60); Tru Green ($69,579.02); and Merchants Landscape ($727,256.64). BE IT FURTHER RESOLVED, that the Purchasing Agent is hereby authorized, consistent with the terms of each contract, to renew the contracts for five (5) additional, one (I) year option periods, a copy of which is on file in the office of the City Clerk. 10-5 Presented by . -;)ave Byers Director of Public Works Operations J:\.attomey\Resos\bids\Open Space various Dist bid.doc DRAFT Approved as to form by :/7 hv?~ ~re Attorney 10-6 COUNCIL AGENDA STATEMENT Item /1 Meeting Date 06/14/05 ITEM TITLE: Resolution Accepting the bid and awarding various landscape maintenance contracts totaling $18,652.27 for Open Space District I and $87,832.08 for EastLake Landscape Maintenance District (ELMD) Zones A, B, & D, and authorizing the Purchasing Agent to renew the agreements for five (5) additional, one (1) year option periods. SUBMITTED BY: Director of Public Works operationp REVIEWED BY: City Manager Ç!;Þ (4/5ths Vote: Yes_No_XJ Bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to term and expire on June 30, 2005. BOARD/COMMISSION RECOMMENDATION: N/ A RECOMMENDATION: That Council adopt a resolution to accept bids and award various landscape maintenance contracts totaling $18,652.27 to Aztec Landscape and $87,832.08 to Merchants Landscape and authorizing the Purchasing Agent to renew agreements for five (5) additional, one (I) year option periods. DISCUSSION: The Purchasing Agent requested bids for the provision of Landscape Maintenance of Open Space Districts. 119 Invitation to Bid letters were mailed out; twelve (12) were sent to local contractors. The bid was also advertised in the Chula Vista Star News, San Diego Union Tribune, and on the City's Website. Representatives ftom twenty-two (22) companies attended a mandatory pre-bid conference held on March 24th and bids were opened on April 14th. . Seven (7) contractors submitted bids for Open Space District 1. Three ofthe respondents are from Chula Vista. The following are the bids submitted for Open Space District I: '. 11-1 Page 2, Item j L Meeting Date 06/14105 Table 1 Summary of OSD 1 Bids Contractor Bid Amount Aztec Landscape $18,652.27 Merchants $20,511.84 Brewer $21,005.85 RC's $21,564.00 Tru Green $24,1 02.08 Acacia $35,806.26 New Way $64,418.00 As indicated in Table I above, Aztec Landscape is the apparent low bidder! with the amount of $18,652.27. Original bid submittals are available in the Purchasing Agent's office. The bid process yielded the following results: . The current contract for FY05 is $18,050; and . The low bid represents an increase of approximately $603.00 or 3.3% more than the FY05 amount Six (6) contractors submitted bids for ELMD Zones A, B & D. Three of the respondents are ftom Chula Vista. The following are the bids submitted for EastLake Landscape Maintenance District (ELMD) by Zone: Table 2 Summary of ELMD Zone A bids Contractor Bid Amount Merchants Landscape $47,653.92 New Way $53,136.00 Aztec $64,813.95 Tru Green $67,379.63 Blue Skies $80,844.00 I Includes tree trimming and applicable payment terms '. 11-2 Page 3, Item \ Meeting Date 06il'fiõ5 Table 3 Summary ofELMD Zone B bids Contractor Bid Amount Merchants LandscaDe $14,105.28 Tru Green $19,733.36 Aztec $20,397.80 Blue Skies $22,924.00 New Way $24,668.00 Table 4 Summary ofELMD Zone D bids Contractor Bid Amount Merchants Landscape $26,072.88 Brewer $27,163.50 Aztec $28,003.65 Blue Skies $35,184.00 New Wav $36,276.00 Tru Green $44,287.34 As indicated in Tables 2--4 above, Merchants Landscape is the apparent low bidder2 with the following bids: Merchants Landscape ELMD, Zone A - $47,653.92 ELMD, Zone B - $14,105.28 ELMD, Zone D - $26,072.88 Total: $87,832.08 Original bid submittals are available in the Purchasing Agent's office. The bid process yielded the following results: · The 3 contracts for the 3 separate zones total: $87,832.08 · The current contracts for FY05 total: $104,690; and · Bids represent a savings of approximately $16,860 or 16% from the FY05 amount. The contracts are for one year with five one-year options if work performance is satisfactory. Additional extensions of one year shall be by mutual agreement of the Contractor and City. Prices 2 Includes tree trimming and applicable payment terms 11-3 Page 4, Item Jl. Meeting Date 06/ \4-105 shall be fi= for the first contract year. For the option years, price increases are based on changes in the annual San Diego Consumer Price Index, for an amount not to exceed 5%. The City reserves the right to accept option year price increases or te=inate the contract without penalty. The City reserves the right to extend the unit pricing on districts that may have phases in development that will be turned over to the City for maintenance in the future. The contract period for the initial year starts on July 1, 2005, through June 30, 2006. CONCLUSION: The bid for OSD 1 represents an overall increase of approximately $603 or 3.3% ftom the FY05 amounts. Landscape maintenance costs typically go up during periods of active economic growth and development. In light of this, staff recommends the acceptance ofthis bid and the award of this contract as the new contract only represents a 3.3% increase. The bids for ELMD Zones A, B & D represent an overall savings of approximately $16,860 or 16% ftom the FY05 amounts. It is uncommon that maintenance prices in the "Green Industry" go down during periods of active economic growth and development, as most landscaping companies prefer to complete landscape installation as opposed to landscape maintenance. In light of these unanticipated savings, staff recommends the acceptance of these bids and the award of these contracts. FISCAL IMPACT: All landscape maintenance costs will be borne by the respective homeowners in this landscape maintenance district. Therefore, there is no impact to the General Fund. C:\OQcuments and Settings\robettb\1\1y Documents\Bob\A113 OSD 1 & ELMD Landscape Maintenance Contracts FY06.doc 11-4 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS IN THE AMOUNT OF $18,652.27 FOR OPEN SPACE DISTRICT I AND $87,832.08 FOR EASTLAKE LANDSCAPE MAINTENANCE DISTRICT (ELMD) ZONES A, B, & D, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE (5) ADDITIONAL, ONE (1) YEAR OPTION PERIODS WHEREAS, bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to te= and expire on June 30, 2005; and WHEREAS, the Purchasing Agent requested bids for the provision of Landscape Maintenance of Open Space Districts. One hundred nineteen (119) invitation to bid letters were mailed out; twelve (12) were sent to local contractors. Representatives ftom twenty-two (22) companies attended a mandatory pre-bid conference held on March 24th and bids were opened on April 14th; and WHEREAS, seven (7) contractors submitted bids for Open Space District I. Three of the respondents are ftom Chula Vista. The following are the bids submitted for Open Space District I: and Table 1 Summary ofOSD 1 Bids Contractor Bid Amount Aztec $18,652.27 Landscape Merchants $20,511.84 Brewer $21,005.85 RC's $21,564.00 Tru Green $24,102.08 Acacia $35,806.26 New Way $64,418.00 WHEREAS, as indicated in Table I above, Aztec Landscape is the apparent low bidder with the amount of $18,652.27. Original bid submittals are available in the Purchasing Agent's office. The bid process yielded the following results: . The current contract for FY05 is $18,050; and . The low bid represents an increase of approximately $603.00 or 3.3% more than the FY05 amount; and . 11-5 DRAFT WHEREAS, six (6) contractors submitted bids for ELMD Zones A, B & D. Three of the respondents are from Chula Vista. The following are the bids submitted for EastLake Landscape Maintenance District (ELMD) by Zone; and Table 2 Summary ofELMD Zone A bids Contractor Bid Amount Merchants Landscape $47,653.92 New Wav $53,136.00 Aztec $64,813.95 Tru Green $67,379.63 Blue Skies $80,844.00 Table 3 Summary of ELMD Zone B bids Contractor Bid Amount Merchants Landscape $14,105.28 Tru Green $19,733.36 Aztec $20,397.80 Blue Skies $22,924.00 New Way . $24,668.00 Table 4 Summary of ELMD Zone D bids Contractor Bid Amount Merchants Landscape $26,072.88 Brewer $27,163.50 Aztec $28,003.65 Blue Skies $35,184.00 New Way $36,276.00 Tru Green $44,287.34 WHEREAS, as indicated in Tables 2-4 above, Merchants Landscape IS the apparent low bidder with the following bids: Merchants Landscape ELMD, Zone A - $47,653.92 ELMD, Zone B - $14,105.28 ELMD, Zone D - $26,072.88 Total: $87,832.08 11-6 DRAFT WHEREAS, original bid submittals are available In the Purchasing Agent's office. The bid process yielded the following results: . The 3 contracts for the 3 separate zones total: $87,832.08; . The current contracts for FY05 total: $104,690; · Bids represent a savings of approximately $16,857.92 or 16% from the FY05 amount; and WHEREAS, the contracts are for one year with five one-year options to be exercised in the sole discretion of the City if work perfo=ance is satisfactory. Additional extensions of one year shall be by mutual agreement of the Contractor and City. Prices shall be finn for the first contract year; and WHEREAS, the option years, price increases are based on changes in the annual San Diego Consumer Price Index, for an amount not to exceed 5%. The City reserves the right to accept option year price increases or tenninate the contract without penalty; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does accept bids and award landscape maintenance contracts totaling $18,652.27 to Aztec Landscape and $87,832.08 to Merchants Landscape, copies of which are on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized, consistent with the tenns of the contracts, to renew the contracts for five (5) additional, one (I) year option periods. Presented by Approved as to fo= by Dave Byers Director of Public Works Operations J:\attomey\Resos\bids\Open Space Dist 1 bid.doc /2hM ~~ ~ Moore Ity Attorney 11-7 COUNCIL AGENDA STATEMENT Item / µ Meeting Date 06/14/05 ITEM TITLE: Resolution Accepting the bid and awarding a landscape maintenance contract in the amount of $48,149.33 for Open Space District 11 and authorizing the Purchasing Agent to renew the agreements for five (5) additional, one (1) year option periods. SUBMITTED BY: Director of Public Works operationsp? REVIEWED BY: CityManage@ (4/5ths Vote: Yes_No..lL) Bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to term and expire on June 30, 2005. BOARD/COMMISSION RECOMMENDATION: N/A RECOMMENDATION: That Council adopt a resolution to accept bids and award a landscape maintenance contract in the amount of$48, 149.33 to Brewer Lawn Maintenance and authorizing the Purchasing Agent to renew agreements for five (5) additional, one (I) year option periods. DISCUSSION: The Purchasing Agent requested bids for the provision of Landscape Maintenance of Open Space Districts. 119 Invitation to Bid letters were mailed out; twelve (12) were sent to local contractors. The bid was also advertised in the Chula Vista Star News, San Diego Union Tribune, and on the City's Website. Representatives ftom twenty-two (22) companies attended a mandatory pre-bid conference held on March 24th and bids were opened on April 14th. Nine (9) contractors submitted bids. Three (3) of the respondents are ftom Chula Vista. The following are the bids submitted for Open Space District 11: Table 1 Summary of OSD 11 Bids Contractor Bid Amount Brewer Lawn Maintenance $48,149.33 Aztec $48,532.85 RC's $48,995.96 Merchants $54,195.84 Blue Skies $66,452.00 Tru Green $81,759.95 Acacia $93,371.99 NewWav $113,594.00 " 12-1 Page 2, Item \ ~ Meeting Date 06/14/05 As indicated in Table I above, Bewer Lawn Maintenance is the apparent low bidderl with the amount of $48, 149.33. Original bid submittals are available in the Purchasing Agent's office. The bid process yielded the following results: . The current contract for FY05 is $49,052; and . The Bid represents a savings of approximately $903 or 1.8% ftom the FY05 amount. The contract is for one year with five one-year options if work perfonnance is satisfactory. Additional extensions of one year shall be by mutual agreement of the Contractor and City. Prices shall be finn for the first contract year. For the option years, price increases are based on changes in the annual San Diego Consumer Price Index, for an amount not to exceed 5%. The City reserves the right to accept option year price increases or tenninate the contract without penalty. The City reserves the right to extend the unit pricing on districts that may have phases in development that will be turned over to the City for maintenance in the future. The contract period for the initial year starts on July I, 2005, through June 30, 2006. CONCLUSION: The bids represent an overall savings of approximately $903 or 1.8% ftom the FY05 amount. It is uncommon that maintenance prices in the "Green Industry" go down during periods of active economic growth and development, as most landscaping companies prefer to complete landscape installation as opposed to landscape maintenance. In light of these unanticipated savings, staff recommends the acceptance of these bids and the award of these contracts. FISCAL IMPACT: All landscape maintenance costs will be borne by the respective homeowners in each Open Space District or Community Facility District. Therefore, there is no impact to the General Fund. C:\Oocuments and Settings\.robet1b\1v1y Documents\Bob\A113 OSD 11 Landscape Maintenance Contracts FY06.doc 1 Includes tree trimming and applicable payment tenns 12-2 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A LANDSCAPE MAINTENANCE CONTRACT IN THE AMOUNT OF $48,149.33 FOR OPEN SPACE DISTRICT 11 AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENT FOR FIVE (5) ADDITIONAL, ONE (1) YEAR OPTION PERIODS WHEREAS, bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to tenn and expire on June 30, 2005; and WHEREAS, the Purchasing Agent requested bids for the provision of landscape maintenance of Open Space Districts. One hundred nineteen (119) invitation to bid letters were mailed out; twelve (12) were sent to local contractors. Representatives ftom twenty-two (22) companies attended a mandatory pre-bid conference held on March 24th and bids were opened on April 14 th; and WHEREAS, three (3) of the respondents are ftom Chula Vista. The following are the bids submitted for Open Space District II; and Table 1 Summary of OSD 11 Bids Contractor Bid Amount Brewer Lawn Maintenance $48,149.33 Aztec $48,532.85 RC's $48,995.96 Merchants $54,195.84 Blue Skies $66,452.00 Tru Green $81,759.95 Acacia $93,371.99 New Way $113,594.00 WHEREAS, in Table I above, Bewer Lawn Maintenance is the apparent low bidder with the amount of $48,149.33. Original bid submittals are available in the Purchasing Agent's office. Thè bid process yielded the following results: . The current contract for FY05 is $49,052.00; . The Bid represents a savings of approximately $902.67 or 1.8% ftom the FY05 amount; and WHEREAS, the contract is for one year with five one-year options to be exercised in the sole discretion of the City if work performance is satisfactory. Additional 12-3 DRAFT extensions of one year shall be by mutual agreement of the Contractor and City. Prices shall be firm for the first contract year. For the option years, price increases are based on changes in the annual San Diego Consumer Price Index, for an amount not to exceed 5%. The City reserves the right to accept option year price increases or terminate the cantract without penalty; and WHEREAS, the City reserves the right to extend the unit pricing on districts that may have phases in development that will be turned over to the City for maintenance in the future. The contract period for the initial year starts on July 1, 2005, through June 30, 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does accept bids and award a landscape maintenance contract in the amount of $48,149.33 for Open Space District II to Brewer Lawn Maintenance, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized, consistent with the terms of the contract, to renew the contract for five (5) additional, one (I) year option periods Dave Byers Director of Public Works Operations ]:\attomey\Resos\bids\Open Space Dist 11 bid.doc Appro~'d: ': fuìðlL- Presented by 12-4 COUNCIL AGENDA STATEMENT Item /3 Meeting Date 06/14/05 ITEM TITLE: Resolution Accepting the bid and awarding a landscape maintenance contract in the amount of $116,550.96 for Open Space District 14 and authorizing the Purchasing Agent to renew the agreement for five (5) additional one (I) year option periods SUBMITfED BY, """"" of Pobli, W 000; 0,="'# REVIEWED BY: CitYManag~ (4/5ths Vote: Yes_No---.2L) Bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to term and expire on June 30, 2005. BOARD/COMMISSION RECOMMENDATION: N/A RECOMMENDATION: That Council adopt a resolution to accept bids and award a landscape maintenance contract in the amount of $116,550.96 to Merchants Landscape and authorizing the Purchasing Agent to renew agreements for five (5) additional, one (I) year option periods. DISCUSSION: The Purchasing Agent requested bids for the provision of Landscape Maintenance of Open Space Districts. 119 Invitation to Bid letters were mailed out; twelve (12) were sent to local contractors. The bid was also advertised in the Chula Vista Star News, San Diego Union Tribune, and on the City's Website. Representatives from twenty-two (22) companies attended a mandatory pre-bid conference held on March 24th and bids were opened on April 14th. Nine (9) contractors submitted bids. Three (3) of the respondents are ftom Chula Vista. The following are the bids submitted for Open Space District 14: Table 1 Summary of OSD 14 bids Contractor Bid Amount Merchants Landscane $116,550.96 Aztec $118,921.26 Blue Skies $119,968.00 New Wav $119,984.00 Tru Green $164,029.15 Acacia $204,447.00 13-1 Page 2, Item ~::. Meeting Date 06/14/05 As indicated in Table I above, Merchants Landscape is the apparent low bidderl with the amount of $116,550.96. Original bid submittals are available in the Purchasing Agent's office. The bid process yielded the following results: · The current contract for FY05 is $127,391; and · The Bid represents a savings of approximately $10,840 or 8.5% ftom the FY05 amount. The contract is for one year with five one-year options if work perfonnance is satisfactory. Additional extensions of one year shall be by mutual agreement of the Contractor and City. Prices shall be firm for the first contract year. For the option years, price increases are based on changes in the annual San Diego Consumer Price Index, for an amount not to exceed 5%. The City reserves the right to accept option year price increases or terminate the contract without penalty. The City reserves the right to extend the unit pricing on districts that may have phases in development that will be turned over to the City for maintenance in the future. The contract period for the initial year starts on July 1,2005, through June 30, 2006. CONCLUSION: The bids represent an overall savings of approximately $1 0,840 or 8.5% ftom the FY05 amount. It is uncommon that maintenance prices in the "Green Industry" go down during periods of active economic growth and development, as most landscaping companies prefer to complete landscape installation as opposed to landscape maintenance. In light of these unanticipated savings, staff recommends the acceptance of these bids and the award of these contracts. FISCAL IMPACT: All landscape maintenance costs will be borne by the respective homeowners in each Open Space District. Therefore, there is no impact to the General Fund. C:\Documents and Settings\robertb\My Documents\Bob\Al13 OSD 14 Landscape MaÎntenance Contracts FY06.doc I Includes tree trimming and applicable payment tenns 13-2 ,~,.. 'T:\ ~: DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A LANDSCAPE MAINTENANCE CONTRACT IN THE AMOUNT OF $116,550.96 FOR OPEN SPACE DISTRICT 14 AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENT FOR FIVE (5) ADDITIONAL, ONE (I) YEAR OPTION PERIODS WHEREAS, bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to te= and expire on June 30, 2005; and WHEREAS, the Purchasing Agent requested bids for the provision of landscape maintenance of Open Space Districts. One hundred nineteen (119) invitation to bid letters were mailed out; twelve (12) were sent to local contractors. Representatives from twenty-two (22) companies attended a mandatory pre-bid conference held on March 24th and bids were opened on April 14th; and WHEREAS, nine (9) contractors submitted bids. Three (3) of the respondents are ftom Chula Vista. The following are the bids submitted for Open Space District 14; and Table 1 Summary of OSD 14 bids Contractor Bid Amount Merchants Landscape $116,550.96 Aztec $118,921.26 Blue Skies $119,968.00 New Way $119,984.00 Tru Green $164,029.15 Acacia $204,447.00 WHEREAS, in Table I above, Merchants Landscape is the apparent low bidder with the amount of$116,550.96. Original bid submittals are available in the Purchasing Agent's office. The bid process yielded the following results: . The current contract for FY05 is $127,391; and . The Bid represents a savings of approximately $10,840 or 8.5% ftom the FY05 amount. WHEREAS, the contract is for one year with five one-year options to be exercised in the sole discretion of the City if work perfo=ance is satisfactory. Additional extensions of one year shall be by mutual agreement of the Contractor and City. Prices shall be fi= for the first contract year. For the option years, price increases are based on changes in the . 13-3 DRAFT annual San Diego Consumer Price Index, for an amount not to exceed 5%. The City reserves the right to accept option year price increases or terminate the contract without penalty; and WHEREAS, the City reserves the right to extend the unit pricing on districts that may have phases in development that will be turned over to the City for maintenance in the future. The contract period for the initial year starts on July I, 2005, through June 30, 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does accept bids and award a landscape maintenance contract in the amount of $116,550.96 for Open Space District 14 to Merchants Landscape, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that the Purchasing Agent is hereby authorized, consistent with the terms of the contract, to renew the contract for five (5) additional, one (I) year option periods. Presented by Approved as to form by Dave Byers Director of Public Works Operations J:\attomey\Resos\bids\Open Space Dist 11 bid.doc Cit 13-4