HomeMy WebLinkAboutAgenda Packet 2005/12/20
UEiciare under penalty of perjury that I am
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John McCann, Councilmember
Jerry R. Rindone, Councilmember
Steve Castaneda, Councilmember
Stephen C. Padilla, Mayor
David D. Rowlands, Jr., City Manager
Ann Moore, City Attorney
Susan Bigelow, City Clerk
SPECIAL MEETING
Notice is hereby given that the Mayor of the City of Chula Vista has called and will
convene a Special Meeting of the City Council on Tuesday, cember 20, 2005 at 5:55 p.m.
in the Council Chambers, located in City Hall at 27 urth Avenue, C Vista,
California for the items on this agenda. ./' t:
~'StePhen C. Padilla, Mayor
December 20, 2005
5:55 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE FOR NEWLY APPOINTED COUNCILMEMBER PATRICIA E.
CHAVEZ
. COMMENTS BY COUNCILMEMBER CHAVEZ
PUBLIC COMMENTS
Persons speaking during Public Comments 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.
ADJOURNMENT to the Regular Meeting of December 20,2005 at 6:00 p.m. in the Council
Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf(TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 2 - Council Agenda
http://www .chulavistaca. gOY
December 20, 2005
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CllY OF
CHULA VISTA
Stephen C.
Padilla, Mayor
David D. Rowlands, Jr., City Manager
Ann Moore, City Attorney
Susan Bigelow, City Clerk
AJeI1
John McCann, Council member
Jerry R. Rindone, Councilmember
Steve Castaneda, Council member
December 20, 2005
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
CONSENT CALENDAR
(Items I through 8)
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 immediately following the Consent Calendar.
I. WRITTEN COMMUNICATION
Memorandum trom Councilmember Castaneda requesting an excused absence trom the
meeting of December 20,2005.
Staff recommendation: Council excuse the absence.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAPS OF CHULA VISTA TRACT NO. 05-09, OTAY
RANCH VILLAGE SEVEN, UNIT ONE AND UNIT TWO; ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON THE
MAPS WITHIN THE SUBDIVISIONS; AND APPROVING THE ASSOCIATED
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING
THE DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS
OF RESOLUTION 2004-332
Adoption of the resolution approves two final maps within Otay Ranch Village Seven
and supplemental subdivision improvement agreements for Otay Ranch Village Seven,
Units One and Two. (City Engineer)
Staffrecommendation: Council adopt the resolution.
3 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE RESUBDIVISION MAP OF CHULA VISTA TRACT NO. 01-09,
EASTLAKE III VISTAS PHASE 2, MAP NO. 14404
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REJECTING THE IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE
LOTS "CC" AND "Y" OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III
VISTAS PHASE 2, MAP NO. 14404
Adoption of the resolutions approves the resubdivision map of a portion of the final map
for Chula Vista Tract 01-09, Eastiake III Vistas Phase 2, and the rejection of the
Irrevocable Offer of Dedication for Open Space Lots "CC" and "Y", to reflect lot line
adjustments made within the property of Davidson Communities. (City Engineer)
Staff recommendation: Council adopt the resolutions.
4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH, SUB-
AREA III, NEIGHBORHOOD II FINAL MAP; ACCEPTING ON BEHALF OF THE
CITY THE VARIOUS PUBLIC EASEMENTS, ALL AS GRANTED ON THE FINAL
MAP WITHIN THE SUBDNISION; APPROVING THE SUBDNISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY THE SUBDNISION; APPROVING THE ASSOCIATED
SUPPLEMENTAL SUBDNISION IMPROVEMENT AGREEMENT; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT BETWEEN MCMILLIN ROLLING HILLS RANCH, LLC AND THE
CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY
WITHIN ROLLING HILLS RANCH SUB-AREA III, NEIGHBORHOOD II; AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
Adoption of the resolutions approves the Neighborhood II final map, its associated
subdivision and supplemental subdivision improvement agreements, and a grant of
easements, license and maintenance agreement for privately maintained public property.
(City Engineer)
Staff recommendation: Council adopt the resolutions.
Page 2 - Council Agenda
http://www.chulavistaca.gov
December 20. 2005
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDERS REQUESTED BY OTAY PROJECT, L.P.
ASSOCIATED WITH TRANSPORTATION DEVELOPMENT IMPACT FEE
ELIGIBLE FACILITIES CONSTRUCTED FOR THE TELEGRAPH CANYON ROAD
TRAFFIC ENHANCEMENT IMPROVEMENTS
Adoption of the resolution approves a variety of change orders related to Phases One and
Two for the Telegraph Canyon Road Traffic Enhancement Improvements. These change
orders will be paid directly from bond proceeds reserved within Community Facilities
Districts 06-1, 07-1, 08-1 and 2001-2. (City Engineer)
Staffrecommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENTS BETWEEN THE CITY AND: (A) NINYO & MOORE
GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS; (B)
MACTEC ENGINEERING AND CONSULTING, INC.; (C) SOUTHERN
CALIFORNIA SOIL & TESTING, INC.; AND (D) KLEINFELDER, INC. TO
PROVIDE ON CALL MATERIALS TESTING, GEOTECHNICAL AND BUILDING
SPECIAL INSPECTION CONSULTING SERVICES REQUIRED FOR VARIOUS
CAPITAL IMPROVEMENT PROJECTS OR OTHER CITY PROJECTS; AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS ON BEHALF OF
THE CITY
The construction of public works infrastructure improvements and buildings requires the
use of quality materials and construction methods to assure longevity and usefulness. To
ensure that the City continues to obtain quality improvements, materials testing,
geotechnical engineering, and special inspection services are needed for projects built
with both public and private funds. Staff has completed the Request for Proposal and
consultant selection processes for this service and has negotiated the proposed contracts.
Adoption of the resolution finalizes the process and authorizes the Mayor to execute the
agreements for the period of January 1, 2006 to December 31, 2008, with options to
extend the agreements for two additional years. (General Services Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND ATCrv ANCOM CORPORATION, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT
The current agreement between the City and ATCNancom, the City's public transit
provider, does not include an agreement extension clause. Adoption of the resolution
approves an amendment to the agreement to include an "option term(s)" clause, allowing
the City to negotiate costs and service improvements for continuance of the service
provided if so desired. (Public Works Operations Center Director)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda
http://www.chulavistaca.gov
December 20, 2005
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING RESOLUTION 2005-338 AUTHORIZING THE APPLICATION AND, IF
AWARDED, ACCEPTANCE OF A RECREATIONAL TRAILS PROGRAM GRANT
FROM THE STATE OF CALIFORNIA FOR THE REHABILITATION OF ROHR
PARK RECREATIONAL TRAIL; AND AUTHORIZING THE COMMITMENT OF
MATCHING FUNDS THEREFOR
On October 4, 2005, the Council adopted Resolution 2005-338, authorizing staff to apply
for grant funding for the rehabilitation of Rohr Park Trail under the Federal Highway
Administration's Recreational Trails Grant Program. Additional language elements now
required by the California Department of Parks and Recreation have been included in the
amended resolution. (Public Works Operations Center Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
9. CONSIDERATION OF ADOPTION OF A RESOLUTION SUPPORTING THE
JESSICA'S LA W INITIATIVE
The "Jessica's Law" initiative is a proposed statewide ballot initiative that strengthens the
laws governing the release of sex offenders. This initiative is named after a nine-year-old
Florida girl who was abducted and killed in March 2005. The initiative would require
electronic monitoring of sex offenders using GPS tracking, prohibit sex offenders trom
going near schools, designate sex offenders as "sexually violent" after one offense,
eliminate "good time" credits for reduced prison terms, and increase sentences and fines
for sexual offenses. Staff will provide a verbal report with analysis of the initiative for
Council consideration. (Intergovernmental Affairs Coordinator)
Staff recommendation: Council determine whether to adopt a resolution or refer the issue
to the legislative committee.
Page 4 - Council Agenda
http://www .chulavistaca.gov
December 20, 2005
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
II. MAYOR'S REPORTS
. Appointment to the Legislative Committee
· Appointment of an Alternate for San Diego Association of Governments
12. 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).
13. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
ADJOURNMENT to the Regular Meeting of January 10, 2006, at 6:00 p.m. in the Council
Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or
participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance
for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific
information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California
Relay Service is also available for the hearing impaired.
Page 5 - Council Agenda
http://www.chulavistaca.gov
December 20. 2005
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
(llY OF
CHUlA VISfA
Thursday, December 01, 2005
TO:
Mayor Padilla, Councilmember Davis, Councilmember
Rindone, Councilmember McCann
cc:
City Manager Rowlands, City Clerk Bigelow, City Attorney
Moore
RE:
Councilmember Steve Castaneda p
Absence from Office
FROM:
I will be out of town from December 17, 2005 through December 22, 2005. I request to
be excused from the City Council Meeting of December 20, 2005. Thank you
/
COUNCIL AGENDA STATEMENT
,j
Item ...-
Meeting Date: 12/20/05
ITEM TITLE:
Resolution Approving the Final "B" Maps of Chula Vista
Tract No. 05-09, Otay Ranch Village Seven Unit One and Unit Two.
Accepting on behalf of the City of Chula Vista, the easements granted
on said Maps within said Subdivisions, and approving the associated
Supplemental Subdivision Improvement Agreement, requiring developer
to comply with certain unfulfilled conditions of Resolution No. 2004-
332
SUBMITTED BY:
City Engineer ~
11 / 77~
City Manager if f'- 1
(4/5ths Vote: Yes_ No X )
REVIEWED BY:
On October 12, 2004, Council approved a Tentative Subdivision Map for Otay Ranch Village
Seven, Chula Vista Tract No. 05-09. Staff proposes that Council now consider approval of two
final maps within Otay Ranch Village Seven, and the Supplemental Subdivision Improvement
Agreement for Otay Ranch Village Seven Unit One, and Unit Two.
RECOMMENDATION: That Council adopt the Resolution.
BOARDS AND COMMISSIONS: N/A
DISCUSSION:
Otay Ranch Village Seven is a 108.3-acre project generally located south of Birch Road and
west of Magdalena Avenue in the northwestern portion of Otay Ranch Village 7, south of the
Otay Ranch Village Six project. The Final Map for Unit One consists of 181 numbered lots,
and 24 lettered lots with a total area of 24.905 acres (see Attachment I). The Final Map for
Unit Two consists of 180 numbered lots, and 25 lettered lots with a total area of 25.257 acres
(see Attachment 2). The Tentative Map was approved October 12, 2004 (Resolution No.
2004-332).
The Final Maps have been reviewed by the City Engineer and found to be in substantial
conformance with the approved Tentative Map. The developer, Otay Project, L.P., has paid all
applicable fees.
Council approval ofthe Final Map will constitute:
. Acceptance by the City of the two-foot wall easements;
. Acknowledgement of irrevocable offers of dedication of open space lots.
Supplemental Subdivision Improvement Agreement: In addition to the Final Map
approvals, staffrecommends that Council approve the Supplemental Subdivision Improvement
Agreement. The Supplemental Subdivision Improvement Agreement addresses several
unfulfilled conditions of the Tentative Map approved by Resolution No. 2004-332. These
conditions will remain in effect until completed by the developer and/or their successors(s) in
interest.
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Item~, Page 2
Meeting Date: 12120/05
.
The agreement has been reviewed by staff, and approved as to fo= by the City Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Maps and agreement.
Attachments:
Attachment 1: Plat of Otay Ranch Village 7 Unit One, Chula Vista Tract No. 05-09
Attachment 2: Plat ofOtay Ranch Village 7 Unit Two, Chula Vista Tract No. 05-09
Attachment 3: Developer's Disclosure Statement
Exhibit A: Supplemental Subdivision Improvement Agreement
CB File No. 0R977F 0R978F
J:lEngineerIAGENDAICAS2005112-20-0510tay Ranch V7 Final maps.doc
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ATTACHMENT ..L
CHULA VISTA TRACT NO.
OTAY RANCH
VILLAGE 7 UNIT NO.
05-09
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HUNSAKER
& ASSOCIATES
SAN DIECo. INe.
PlANNING 1D179 Huennekens Street
ENONEUING San Oie~ Ca 9ZiZ1
SURvruNG PH(8S8)558-4500. FX(658)S58.1414
CITY COUNCI XHIBfT.dw 1275 0ec-02-2005:08:42
2-3
ATTACHMENT 2-
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CHULA VISTA TRACT NO.
GrAY RANCH
VILLAGE 7 UNIT NO.
05-09
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HUNSAKER
& ASSOCIATES
SAN DIE CO.! N C.
PlANNING 10179 Huemekem Street
ENONEERJNG San Diego,. Ca 9Z121
SURVEYING PH(858)S5IH500. FX(IISS)558-1414
: 0629 rkMa Clrt COUNCIL 'HIBn:OWG 1275 Dec-02 2005,'08:38
2-4
DEC. 12005 3:41PM
NO.432
P. 2
City of Chula Vista Disclosure Statement
ATTACHMENT :3
Pursnantto C01JI1cU Policy 101-0 I, prior to any action upon matters that win ...quire discretiooary action by the
CounoiJ, Planning Commission and all other official bodies of the City, a statement of disclosure of ocrtaUI
ownership or financial interests, peJlttlcnts, or campaign contributions for a City oCChula Vista election must be
filed. The foUowiJ'g information must be disclosed:
L List the names of all persons having a financial interest in thc property that is the subj ect of the
application or the contract, e.g., owner, applicant, contractor, Qubcontractcr, material supplier.
Otay Project L.P.
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individusls with a $2000 investment in the business (corporation/partnership) mtity.
James P. Baldwin
Alfred E. Baldwin
3. If any person' identified pursnantto (1) shovc is a non-profit organization ot trust, list the namcs ofany
person serving as director of the non-profit organization or as txustee or bcneficiuy or truster of the trust.
4. Please identify every petS on, inoluding any agents, employees, consultants, or independent eontraetors
you have assigned to represent you before the City in this matter.
James P. Bald~in
Joseph Giedemen
Alfred E. Baldwin
Marc Lovato
Kim Kilkenny
5. H"s .nyperson' associated with this contract had any financial dealings with an official.' ofthe City of
Chula Vista as it telates to this contract within the past 12 months. Ycs_ No--.-.!-
2-5
DEC. 12005 341PM
NO. 432
P 3
City of Chula Vista Disclosure Statement
If Yes, briefly desc:rib. the nature of the financial interest the official" may have in this cont~act.
6. Have you made a contribution ormore than $250 within the past twelve (12) months to a CIIt~entlI1ember
ofth. Chula Vista City CoUIlell? No]l y.s _ If yes, which Council memb.r?
7.
Have you provided more than $340 (or an item of equivalent value) to an official. 0 of the City of Chula
Vista in the past twelve (12) month.? (This includes being a Soutce of income, money to retire a I.gal
debt, gift, loan, .tc.) Yos _ No...!..-
If Yes, which officia!" IUld what Was the nature o!item provided?
Date:
Kim Kilkenny, Executive Vice President
Print or type name of Contractor/Applicant
.
Person is d.fined as: anyindividtlal, firm, co-p~tn.tship,joint ve1tlure, association, social club, ftatamcl
organization, corporation, estate, trUst, receiver, sy!1dicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
...
Official inclu<!es, butls not limited to: Mayor, Council member, Planning Commissioner, Memb.r ofa
bo~<!, commission, or committee of the City, employee, or staff members.
J:,^~~mJ.S\W5fi:ICl5UI~ ,blc12\cct 3-6-.03
2-6
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAPS OF CHULA VISTA TRACT NO. 05-09, OTAY
RANCH VILLAGE SEVEN UNIT ONE AND UNIT TWO; ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA, THE EASEMENTS GRANTED ON
THE MAPS WITHIN THE SUBDIVISIONS, AND APPROVING THE ASSOCIATED
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2004-332
WHEREAS, the developer, the Otay Project, LP, has submitted two final maps for Otay
Ranch Village 7; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolution No. 2004-332; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that
the proposed project was adequately covered in previously adopted Otay Ranch Village Seven
SPA Plan Final EIR 04-06 and its addendum. Thus, no further environmental review or
documentation is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 05-09, Otay Ranch
Village Seven Unit One is made in the manner and form prescribed by law and conforms to the
surrounding surveys; and that said map and subdivision of land shown thereon is hereby
approved and accepted. The map is more particularly described as follows:
Being a subdivision of lots I, 2, 5, 8, 9 through 12, 17, 25 through 26, 28, 30, 32,
36 and 37 ofChula Vista Tract No. 05-09, Otay Ranch, Village 7 "A" Map No.1,
in the City of Chula Vista, County of San Diego, State of California, according to
map thereof No. 15134, filed in the Office of the County Recorder of San Diego
County, on September 27, 2005:
Area: 24.905 Acres
Numbered Lots: 181
No. of Lots: 205
Lettered Lots: 24
,BE IT FURTHER RESOLVED that the City Council hereby accepts on behalf of the
City of Chula Vista the two-foot wall easements all as shown on Otay Ranch Village 7 Unit One
map within the subdivision.
BE IT FURTHER RESOLVED that the City Council hereby acknowledges on behalf of
the City ofChula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A", "C", and
"U" for open space and other public purposes all as shown on Otay Ranch Village 7 Unit One
final map within the subdivision.
2-7
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon the map the action of the Council; that the City Council
has approved the subdivision map, and that the Irrevocable Offer of Dedication of the fee interest
of said lots be acknowledged, and that those certain easements as granted on Otay Ranch Village
7 Unit One map within the subdivision is accepted on behalf of the City of Chula Vista as
hereinabove stated.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby
fmds that that certain map survey entitled Chula Vista Tract No. 05-09, Otay Ranch Village
Seven Unit Two is made in the manner and form prescribed by law and conforms to the
surrounding surveys; and that said map and subdivision of land shown thereon is hereby
approved and accepted. The map is more particularly described as follows:
Being a subdivision of/ots 3, 4, 6, 7, 13, 14, 15, 16, 18, 19,20,21,22,23,27,29,
31, 34 and 35 of Chula Vista Tract No. 05-09, Otay Ranch, Village 7 "A" Map
No.1, in the City of Chula Vista, County of San Diego, State of California,
according to map thereof No. 15134, filed in the Office of the County Recorder of
San Diego County, on September 27,2005:
Area: 25.257 Acres
Numbered Lots: 180
No. of Lots: 205
Lettered Lots: 25
BE IT FURTHER RESOLVED that the City Council hereby accepts on behalf of the
City of Chula Vista the two-foot wall easements all as shown on Otay Ranch Village 7 Unit Two
map within the subdivision.
BE IT FURTHER RESOLVED that the City Council hereby acknowledges on behalf of
the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lot "I" for open
space and other public purposes as shown on Otay Ranch Village 7 Unit Two fmal map within
the subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon the map the action of the Council; that the City Council
has approved the subdivision map, and that the Irrevocable Offer of Dedication of the fee interest
of said lot be acknowledged, and that those certain easements as granted on Otay Ranch Village
7 Unit Two map within the subdivision is accepted on behalf of the City of Chula Vista as
hereinabove stated.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement which addresses on-going conditions of approval that will remain in effect and run
with the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula Vista.
2-8
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BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit the two
maps to the Clerk of the Board of Supervisors of the County of San Diego.
Presented by
Approved as to form by
Sohaib Al-Agha
City Engineer
~ (, P /LtL-
Moore
City Attorney
2-9
1
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
.lVt F ffiL
Ann Moore
City Attorney
Dated: 12/12/05
SSIA FOR THE OT A Y RANCH VILLAGE SEVEN
FINAL MAPS FOR UNITS ONE AND TWO
2-10
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fo~rth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION Il\1PROVEMENT AGREEMENT
FOR THE OT A Y RANCH VILLAGE SEVEN FINAL MAPS FOR UNITS ONE AND TWO
(Conditions: 1,2,3,4,5,7,8,9, 10, 11, 12, 16, 18,20,21,22,28,29,
30,31,37,40,43,44,48,50,51,57,59,67,80, 84,88, 89,91,92,
93,96,98,99,102,103,104,110,114,115,116,117,120,137,138,
139,141,142,144,147,148,149,150,151,152,156,157, 158, 159,
161, 163, 164, 165, and 167 (Resolution No. 2004-332)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day
of ,2005, by and between THE CITY OF CHULA VISTA, CaliforniaC'City" or "Grantee" for
recording purposes only) and the signators of this Agreement, Otay Project, LP, a California Limited
Liability Company, (referred to as "Developer"), with reference to the facts set forth below, which
recitals constitute- a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part ofOtay Ranch Village 7, a master planned development. For purposes of this
Agreement the term "proj ect" shall also mean "Property". Developer has applied for two [mal maps
for the Property, more specifically known as Otay Ranch Village 7 Unit One and Otay Ranch Village
7 Unit Two.
B. Developer and/or Developer's predecessor in interest has applied for and the City has
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approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 05-09 ("Tentative
Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2004-332 ("Resolution") on October 12, 2004, pursuant
to which it has approved a Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to approve
thefmal maps for the property known as Otay Ranch Village Seven Unit One and Otay Ranch
Village Seven Unit Two ("Final Maps") as being in substantial conformance with the Tentative
Subdivision Map described in this Agreement. Developer understands that subsequent final maps
may be subject to the same security, terms and conditions contained herein.
F. The following defmed terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
I. For the purposes of this Agreement, "Final Maps" means the final maps for
Otay Ranch Village Seven Unit One and Otay Ranch Village Seven Unit Two.
2. "Owner or Developer" means the person, persons or entity having a legal or an
equitable interest in the property or parts thereof and includes Owner's successors-in-interest and
assignors of any property within the boundaries of the map. This includes Otay Project, LP and any
and all owners of real property within the boundaries of the Property, and all signatories to this
Agreement.
3. "Guest Builder" means those entities obtaining any interest in the Property or a
portion of the Property, after the Final Maps have been recorded.
4. "PFFP" means the Otay Ranch Village Seven SPA Plan Public Facilities
Finance Plan adopted by Resolution No. 2004-330 as may be amended from time to time.
5. "RMP' 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4, 1996, as may be amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defmed by the RMP 2 with
the duties and responsibilities described therein.
7. "Village Seven SPA" means the Village Seven Sectional Planning Area Plan
as adopted by the City Council on October 12, 2004 pursuant to Resolution No. 2004-330.
8. "Addendum" means the Addendum to the Final Second-Tier Enviro=ental Impact
Report 04-06 considered by City Council on March 8, 2005.
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NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Performance Obligation. Otay Project LP, signatorto this Agreement, represents
to the City that it is acting as the master developer for this Project and expressly assumes
performance of the.all obligations of this Agreement. Notwithstanding the foregoing, all parties to
this agreement acknowledge and agree that all such obligations remain a covenant running with the
land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good
faith effort to execute on bonds securing the obligations contained herein to the extent necessary to
complete any unfulfilled obligations of the master developer.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon
and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties public or
private, in whose favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project to a guest builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
obtain the written consent of the City to such release. Such assignment to the guest builder shall,
however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant
running with the land. The City shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the
obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City,
its ability to perform its obligations under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of
the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
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the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction of the City and
such partial release will not, in the sole discretion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
e. Release oflndividual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
.
i. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
11. The conveyance of a lot to a Homeowner's Association.
The City shall not withhold its consent to such release so long as the City [mds in good faith that
such release will not j eopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee), which confmns the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No.l- (General Preliminary) In satisfaction of Condition No. I of the
Resolution, Developer hereby agrees that all of the terms, covenants and conditions contained within
the Resolution shall be binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Developer as to any or all of the Property. Unless specifically provided
otherwise, nothing in this Agreement shall modify amend or waive the Resolution or any of the
terms, conditions or covenants therein.
4. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of the
Resolution, Developer agrees to comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual;
Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase I and Phase 2; Ranch Wide Mfordable Housing Plan; Otay Ranch Overall
Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps (TMs), Final
Second-Tier Environmental Impact Report (Final ElR 04-06) and associated Mitigation Monitoring
and Reporting Program (MMRP) and its Addendum; Otay Ranch Village Seven Sectional Planning
Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Parks,
Recreation, Open Space and Trails Plan; SPA Mfordable Housing Plan, Air Quality Improvement
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Plan (AQIP), Water Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan
as amended from time to time, unless specifically modified by the appropriate department head, with
the approval of the City Manager. These plans may be subject to minor modifications by the
appropriate department head, with the approval of the City Manager, however, any material
modifications shall be subj ect to approval by the City Council.
5. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of the
Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained
herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time,
if any of such conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the approvals
herein granted, institute and prosecute litigation to compel their compliance with the conditions or
seek damages for their violation. City shall notify Developer 10 days prior to any of the above
actions being taken by the City and Developer shall be given the opportunity to remedy any
deficiencies identified by the City within 10 calendar days of the date of the notice.
6. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the
Resolution, Developer hereby agrees to defend, indemnify, protect, and hold the City harmless from
and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Environmental Impact Report and subsequent environmental review for the Project and any or
all entitlements and approvals issued by the City in connection with the Project.
7. Condition No.5 (General Preliminary). In satisfaction of Condition NO.5 of the
Resolution, the Developer agrees to comply with all applicable Village Seven SPA conditions of
approval, (pCM 04-05) as may be amended from time to time.
8. Condition No.7 (General Preliminary).1n satisfaction of Condition No.7 of the
Resolution, the Developer agrees that any and all agreements that the Developer is required to enter
in hereunder shall be in a form approved by the City Attorney.
9. Condition No.8 - (General Preliminary). In partial satisfaction of Condition No. 8
of the Resolution, the Developer agrees to provide funds to the Reserve Fund as required by the
Reserve Fund Program. Developer further agrees, pursuant to the provisions of the Growth
Management Ordinance and the Otay Ranch General Development Plan (GDP), to participate in the
funding of the preparation of an annual report monitoring the development of the community of Otay
Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and
services governed by the threshold standards. Developer further agrees that an annual review shall
commence following the first fiscal year in which residential occupancy occurs in the Project and is
to be completed during the second quarter of the following fiscal year. Developer further agrees that
the annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP.
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.
10. Condition No.9 - (General Preliminary). In satisfaction of Condition No.9 of the
Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to FEIR 04-
06, no more than 400 building permits may be issued by the City within Village 7 prior to the
completion of SRI25 to the International Border. Notwithstanding the foregoing, the City may issue
additional building permits if the City Council, in its sole discretion, determines that each of the
following conditions have been met: I) SRI25 is constructed and open between SR54 and Olympic
Parkway; and 2) traffic studies, prepared to the satisfaction of the City Engineer and the City
Council, demonstrate that the opening of SRI25 to Olympic Parkway provides additional capacity to
mitigate the project's cumulatively significant traffic impacts to a level below significance without
exceeding GMOC traffic threshold standards. Alternatively, the City may issue building permits if
the City Council, in it's sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
11. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of
the Resolution, the Developer agrees to comply with the terms of the Conveyance Agreement, as
may be amended from time to time, adopted by Resolution No. 18416 by the City Council on
October 22,1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and
Building.
.
12. Condition No. 11 - (Environmental). In satisfaction of condition No. 11 of the
Resolution, th~ Developer agrees shall implement, to the satisfaction of the Director of Planning and
Building and Environmental Review Coordinator, all environmental impact mitigation measures
identified in Final EIR 04-06 (SCH#2003111 050), the candidate CEQA Findings and MMRP for this
Project.
.
13. Condition No. 12 - (Compliance). In satisfaction of condition No. 12 of the
Resolution, the Developer agrees to comply with all applicable requirements of the Califomia
Department ofFish and Game, the California State Water Resources Quality Control Board, the U.S.
Fish and Wildlife Service and the U.S. Army Corps of Engineers. Developer further agrees that
prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the
Developer shall comply with all applicable requirements prescribed in the Otay Ranch Village Seven
Second-Tier Environmental Impact Report (EIR 04-06)(SCH#2003111 050), and MMRP.
14. Condition No. 16 - (pOM). In satisfaction of condition No. 16 of the Resolution,
the Developer agrees that simultaneously with conveyance ofland to the Preserve Owner/Manager
(POM) in fee title or by easement, the Developer shall cease all cattle grazing on the land to be
conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencing
or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City,
that cattle from adjacent areas cannot access the land being conveyed. Developer further agrees to
comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction
of the Director of Planning and Building.
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15. Condition No. 18 - (POM). In satisfaction of Condition No. 18, the Developer
agrees as follows:
a. The Developer is currently in compliance with the particular acreage conveyance
obligation ofOtay Ranch Village 7 at a rate of 1.188 acres of conveyance per acre of area within the
Final Maps as of the date of this Agreement. But such obligation may be subject to change in
accordance with paragraph c below. Any remaining amount shall be credited towards any future
map obligations.
b. That such dedicated property shall be granted in fee title to the City and County of
San Diego as j oint tenants and subj ect to the approval of the Preserve OwnerlManager. Should the
Preserve OwnerlManager not approve this conveyance, Developer agrees to convey equivalent real
property that complies with this provision.
c. That Developer shall convey additional real property, if necessary, in order to
comply with the conveyance formula described in RMP 2, as may be amended by City. Developer
acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres
per developable acre.
d. That all land to be conveyed as described above shall be free and clear of
liens and encumbrances except for easements for existing public infrastructure and other easements
approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2.
Developer further agrees to pay all taxes and assessments as they came due as to the land to be
conveyed until title has legally transferred to the City and County of San Diego.
e. Developer acknowledges that property within the boundaries of the "A" Map
which will be the subject of future [mal maps may have conveyance obligations to fulfill for all
development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope
areas shown on the "A" Map.
16. Condition No. 20 - (Acoustic Study). In satisfaction of condition No. 20,
Developer agrees that accordance with mitigation measure 4.4-1 of Final EIR 04-06 and associated
MMRP, an acoustical study confirming wall geometrics and conformance with the City's noise
threshold for residential units along Birch Road and La Media Road shall be approved by the
Environmental Review Coordinator prior to grading permit. A noise barrier plan shall be prepared in
conformance with the aforementioned study as well as the noise analysis contained in EIR 04-06 and
the associated MMRP. The noise barrier plan shall be submitted for review and receive approval by
the Director of Planning and Building, Environmental Review Coordinator, Director of Public
Works and Director of General Services prior to issuance of the first grading permit for the Project.
This noise barrier plan shall be incorporated into the wall and fence plan, a component of the
Landscape Master Plan. Should Developer request modification of the approved wall and fence
plans, Developer shall provide additional acoustical analysis if required by the Director of Planning
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and Building and Envirorunental Review Coordinator. Noise barriers shall be constructed within
dedicated open space lots and shall not be constructed on private property unless aMHOA is fo=ed
to maintain sound barriers to the satisfaction of the Director of Public Works and the Envirorunental
Review Coordinator.
17. Condition No. 22 - (Coordination). In satisfaction of condition No. 22 of the
Resolution, the Developer agrees to make a good-faith effort to coordinate development and
implementation of the Village Seven SPA Plan Area with all other developers within Village Seven
including phasing, grading, improvements and dedication of right-of-way.
18. Condition No. 28 - (Signage). In satisfaction of condition No. 28 of the Resolution,
the Developer agrees that prior to issuance of the fIrst building permit, Developer shall submit for
review and approval a sign program to the Director of Planning and Building and shall post
temporary signs on all neighborhoods within the Project indicating the future land use(s) for the sites
with signage consistent with the sign program. Developer acknowledges that temporary signs shall
be maintained in place until such time as a project is approved for any such future land use site.
19. Condition No. 29 - (Slopes). In satisfaction of condition No. 29 of the Resolution, in
addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately
maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their
appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one
I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover.
Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane.
20. Condition No. 30 - (parkways). In satisfaction of condition No. 30 of the
Resolution, street parkways shall be no less than 7.5 feet in width for the planting area, except as
approved by the City Engineer. The Developer shall plant trees within the parkways which have been
selected from the list of appropriate tree species described in the Village Seven Design Plan, Village
Seven SPA Plan and Landscape Master Plan and shall be approved by the Directors of Planning and
Building, General Services and Public Works. The Developer shall provide root barriers and deep
watering irrigation systems for the trees, as approved by the Director of General Services and the
Director of Public Works.
21. Condition No. 31- (Street Trees). In partial satisfaction of condition No. 31 of the
Resolution, the Developer agrees:
a. To install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code;
b. That all street trees shall be planted in parkways, or as otherwise approved by
the Director of Planning and Building;
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.
c. That street trees, which have been selected from the revised list of appropriate
tree species described in the Village Seven Design Plan, Village Seven SPA Plan, Fire Protection
Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and the
Director of Public Works;
d. That prior to the installation of any dry utilities, including by not limited to
cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvement
plans that show the locations of all future street trees;
e. All street tree improvement plans shall be subject to the review and approval
of the Director of General Services and the Director of Planning and Building;
f. That prior to any utility installation, wood stakes shall be placed and
maintained in the locations as shown on approved landscape plans and that such stakes shall remain
in place until all dry utilities are installed;
g. That the wood stakes shall be painted a bright color and labeled as future
street tree location;
h. To provide the City documentation, acceptable by the Director Of General
Services and the Director of Planning and Building, that all utility companies have been given notice
that no dry utility line shall be located within five feet of the wood stake in any direction; and
i. To maintain street tree identification stakes in a location as shown on
approved plans until all dry utilities are in place.
22. Condition No. 37- (Survey Monumentation). In satisfaction of condition No. 37 of
the Resolution, the Developer has provided security for monumentation of the Project in the amount
as set forth one Exhibit "B". Developer agrees that all monuments have been or will be installed
within thirty (30) days after the completion and acceptance of the all of the improvement and/or land
development work required to be done for the Project. Developer further agrees to install temporary
street name signs if permanent street name signs have not been installed.
23. Condition No. 40 - (PFDIF). In satisfaction of condition No. 40 of the Resolution,
the Developer agrees to participate in the funding of revisions of the Public Facilities Development
Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the
City Manager or his designee and subject to the approval of the City Council
24. Condition No. 43 - (Fire Protection Plan). In satisfaction of condition No. 43 of
the Resolution, the Developer agrees to remain in compliance with the Fire Department's codes and
policies for Fire Prevention, and the recommendations contained in the approved Fire Protection
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Plan, Urban-Wildland Interface Area for Village Seven, as may be amended from time to time.
25. Condition No. 44 - (Fire Hydrants). In satisfaction of condition No. 44 of the
Resolution, the Developer agrees that depending on the location of improvements such as cul-de-
sacs, alleys, driveways or when special circumstances exist in a subdivision design, as determined by
the Fire Marshal, the Developer shall install additional fIre hydrants upon request and to the
satisfaction of the Fire Department.
25. Condition No. 48 - (Transit). In satisfaction of condition No. 48 of the Resolution,
the Developer agrees:
a. Fund and install Chula Vista transit facilities within the tentative map boundary
when directed by the Director of Public Works. The improvement plans for the stops shall be prepared
in accordance with the transit stop details described in the Village Seven Design Plan and Village
Seven PFFP and as approved by the Directors of Planning and Building and Director of Public Works;
b. Not protest the fonnation of any future regional benefIt assessment district to
finance the MTDB San Diego Trolley LRT, BRT, or other transit system; and
.
26. Condition No. 50 - (ADA). In satisfaction of condition No. 50 of the Resolution, the
developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet applicable
"Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the
Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the
standards and approvals contained herein, all such approvals conflicting with those standards shall be
updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may
be considered vested, as determined by Federal regulations, after construction has commenced.
.
27. Condition No. 51- (private Utilities). In satisfaction of condition No. 51 of the
Resolution, the Developer shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. Developer acknowledges that the installation of sleeves for future
construction of privately owned facilities may be allowed subject to the review and approval of the
City Engineer if the following is accomplished:
a. Tbe developer enters into an agreement with the City where the developer
agrees to the following:
i. Apply for an encroachment pennit for installation of the private
facilities within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
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ill. Mark out any private facilities owned by the developer whenever
work is perfo=ed in the area; and,
iv. The te=s of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
28. Condition No. 57 - (Drainage Maintenance). In satisfaction of condition No. 57 of
the Resolution, the Developer shall provide drainage improvements in accordance with the Master
Drainage Study for Otay Ranch Village Seven, dated May 20, 2004, and the Rough Grading Hydrology
Study dated July 19,2005. Developer agrees to maintain all such drainage improvements until the City,
an applicable maintenance district, or other mechanism as approved by the City fO=ally accepts the
improvements for maintenance. The maintenance shall ensure that drainage facilities will continue to
operate as designed.
29. Condition No. 59 - (Encroachment). In satisfaction of condition No. 59 of the
Resolution, the Developer agrees sto= drain systems that collect water from private property shall be
designated private on grading and drainage and/or improvement plans to the point of connection with a
public system or to the point at which sto= water that is collected from public street right-of-way,
public park or open space areas is fIrst introduced into the system. Developer agrees that downstream
from that point, the sto= drain system shall be public and an encroachment permit shall be processed
and approved by the City for private sto= drains within the public right-of-way or within C.F.D.
maintained Open Space lots. The Developer further agrees to maintain, or cause to be maintained, the
Receiving Waters of the United States of America described in the Regional Water Quality Control
Board (RWQCB) 401 Water Quality CertifIcation (401 CertifIcation) for the project and contained
within Lot "B" of Map No. 15134 in accordance with the objectives of the Water Quality and Stream
Morphology Plan required by the 40 I CertifIcation, until the City accepts the Receiving Waters for
maintenance by the Village 7 open space maintenance district, or other entity approved by the City and
the RWQCB. The developer further acknowledges and agrees that the acceptance of the Receiving
Waters by the City shall be at the sole discretion of the City.
30. Condition No. 62 - (Drainage Conformance). In satisfaction of condition No. 62 of
the Resolution, the Developer agrees that all sto= drain design shall conform to the requirements of
the Subdivision Manual and the Grading Ordinance as may be amended from time to time.
31. Condition No. 67 - (NPDES). In satisfaction of condition No. 67 of the Resolution,
the Developer agrees that the development of the subdivision shall comply with all applicable
regulations established by the United States Environmental Protection Agency (USEP A) as set forth in
the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff
and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the
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N.P.D.E.S. regulations or requirements. Further, the Developer shall file a Notice of Intent with the
State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for
Sto= Water Discharges Associated with Construction Activity and shall impl=ent a Sto= 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 sha1l identifY funding mechanisms for post construction control measures. The
Developer, and successors in interest, shall comply with all the provisions of the NPDES and the Clean
Water Program 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 comply with the City of Chula Vista Development and
Redevelopment Projects Sto= Water Management Standards Requirements Manual (Sto= Water
Management Standards Manual) and shall design the Project's sto= drains and other drainage facilities
to include Best Management Practices (BMPs) to minimize non-point source pollution, satisfactory to
the City Engineer.
32. Condition No. 80 - (Monitoring Program). In satisfaction of condition No. 80 of the
Resolution, the Developer agrees to participate and shall thereafter participate in any necessary funding
for implementing a Poggi Canyon sewer trunk monitoring program, as determined by the City
Engineer. Developer agrees that the sewer trunk monitoring program shall include an analysis of the
remaining capacity of the Poggi Canyon/Date-Faivre sewer system and that such analysis shall
demonstrate to the satisfaction of the City Engineer that sufficient capacity exists for the number of
ED U s contained in all final maps for the Proj ect submitted to the City pursuant to the limits set forth in
the PFFP. Developer further agrees that the analysis shall include all flows, including pumped flows,
entering the Poggi Canyon Trunk Sewer, not just from Village Seven, or from within the Poggi Canyon
gravity basin. This requirement shall remain in effect until completion of the Rock Mountain Road
Trunk Sewer project and transfer of the interim Poggi Canyon sewer flows to the Rock Mountain
sewer.
.
33. Condition No. 84 - (poggi Canyon Sewer DIF). In satisfaction of condition No. 84 of
the Resolution, the Developer agrees that prior to issuance of any building permit for equivalent
dwelling units (EDU' s) I through 10S in Project, the Poggi Canyon Gravity Sewer DIF in effect at the
time of issuance shall be applied to each building permit. After issuance of the lOSth EDU the Salt
Creek Interceptor DIF in effect at the time of issuance shall be applied to each building permit,
regardless of which sewer basin the unit is located.
34. Condition No. 88 - (Grant of Easements and Maintenance Agreement). In
satisfaction of condition No. 88 of the Resolution, the Developer agrees that within ninety (90) days
of the City Council approval of the Final Maps the Developer shall obtain the City's approval of the
grant of easements and maintenance agreement assigning the MEOA responsibility for maintenance of
the landscaping within public street rights-of-way.
35. Conditions No. 89 - (Landscape and Irrigation). In satisfaction of condition No. 89
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of the Resolution, the Developer, prior to the issuance of each grading permit for the Project shall
prepare, submit, and secure to the satisfaction of the Director of Planning & Building all landscape
and irrigation slope erosion control plans. All plans shall be prepared in accordance with the current
Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time.
Developer shall install landscape and irrigation slope erosion control in accordance with approved
plans no later than six months from the date of issuance of the grading permit. If the work cannot be
completed within the specified time, the Developer may request an extension, which may be granted
at the discretion of the Director of Planning & Building. Such a request shall be submitted for
approval in writing to the Planning & Building Department sufficiently in advance of the end of the
six-month timeframe to allow processing of the extension. Notwithstanding the time of installation of
landscape, and irrigation slope erosion control, Developer shall remain in compliance with NPDES.
36. Conditions No. 91- (Wall Plan). In satisfaction of condition No. 89 of the
Resolution, the Developer agrees to update the Project's landscape master plan to conform to any
substantial changes made subsequent to the initial approval of the plan.
37. Condition No. 92-(Walls). In satisfaction of condition No. 92 of the Resolution, the
Developer agrees that prior to constructing a solid masonry, view wall or like wall which will adjoin
a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is
subj ect to the approval of the Director of Planning and Building. Developer further agrees to work
together with other developers of Village Seven to the satisfaction of the Director of Planning and
Building in order to construct transitions between adjoining walls
38. Condition No. 93 - (Landscape and Irrigation Plans). In satisfaction of condition
No. 93 of the Resolution, the Developer agrees that within 90 days of approval of the Final Maps,
the Developer shall prepare and secure, to the satisfaction of the City Engineer and the Director of
General Services, street improvement Landscape & Irrigation Plans. All plans shall be prepared in
accordance with the current Chula Vista Landscape Manual and the Village Seven SPA Plan, as may
be amended from time to time. Developer shall install all improvements in accordance with
approved plans to the satisfaction of the Director of General Services and the City Engineer.
39. Condition No. 96 - (Trails Transition). In satisfaction of condition No. 96 of the
Resolution, the Developer agrees that when trails extend to the property limits and are intended to
continue into an adjacent property, Developer(s) agree(s) to coordinate alignments, trail and fencing
materials and construction methods so as to provide a seamless transition from one ownership to
another.
40. Conditions No. 98 - (Regional Trails). In satisfaction of condition No. 98 of the
Resolution, the Developer agrees with the construction of the Wolf Canyon channel and Detention
Basins, construct a "Regional Trail" along the south side of the channel and basin from Magdalena
Avenue to La Media Road as depicted on the Parks, Trails and Open Space Plan in the Village
Seven SPA Plan, which shall be designed to incorporate the Project's Landscape Master Plan as
approved by the City and as may be amended from time to time. The regional trail design shall be
13
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suitable for H-20 loading.
41. Condition No. 99 - (Regional Trails). In satisfaction of condition No. 99 of the
Resolution, the Developer shall, concurrent with the COnstruction of La Media Road improvements,
construct a "Regional Trail" along the east side of the street from Wolf Canyon to Santa Luna Street
as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA Plan, and shall be
designed to incorporate the Project's Landscape Master Plan as approved by the City and as may be
amended from time to time.
42. Condition No. 102 - (Wall and Fence Plans). In satisfaction of condition No. 102
of the Resolution, the Developer agrees to install signage indicating location of the trail connections,
handicap access, and bikeway location to the Regional Trail, Village Pathway, and Chula Vista
Greenbelt upon the request of the Director of Planning and Building.
.43. Condition No. 103 - (Access). In satisfaction of condition No. 103 of the Resolution,
the Developer agrees to comply with the current Regulatory Negotiation Committee
Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be
amended from time to time, developed for U.S. Architectural and Transportation Barriers
Compliance Board when designing all trails and trail connections.
44. Condition No. 104 - (Regional Trails). In satisfaction of condition No. 104 of the
Resolution, the Developer agrees to, concurrent with the grading and improvement of Santa Luna
Street, shall design, grade and implement the construction of a 10' wide regional trail along Santa
Luna Street in conformance with the Trails Plan in the Village Seven SPA Plan as approved by the
City to the satisfaction of the Director of General Services.
45. Condition No. 110 - (CPF Lot). In satisfaction of condition No. 110 of the
Resolution, the Developer agrees that the CPF lot shall be maintained by a maintenance entity as
determined by the Director of Planning and Building based on City Council policy and that the facilities
in the CPF Lot shall be maintained by a maintenance entity include, but are not limited to: pavements,
sidewalks, street lights including power supply, private drainage facilities and landscaping of private
common areas. Developer further agrees that the CPF Lot, Common Usable Open Space area as
described in the Chula Vista Design Manual, shall be landscaped, graded and contains amenities to the
satisfaction of the Director Planning & Building. Construction shall be completed prior to the issuance
of the final building permit.
46. Condition No. 114 - (protest Formation). In satisfaction of condition No. 114 of the
Resolution, the Developer agrees to not protest formation or inclusion in a maintenance district or zone
for the maintenance ofIandscaped medians and scenic corridors along streets within or adjacent to the
subject subdivision.
47. Condition No. 115 - (parkways). In satisfaction of condition No. 115 of the
14
2-24
Resolution, the Developer acknowledges that street parkways within the Project shall be maintained
by an entity such as a Master Home Owner's Association (MHOA) or a Community Facilities District
(CFD) and that private homeowners shall not maintain the parkways. Developer agrees that street
parkways shall be designated as recycled water use areas, if approved by the Otay Water District and
San Diego County Department of Environmental Health.
48. Condition No. 116 - (Landscape and Irrigation). In satisfaction of condition No.
116 of the Resolution, the Developer has paid cash deposit with the City which will guarantee the
maintenance of the L&1 improvements until the City accepts the improvements. Developer
acknowledges that io the event the improvements are not maintained to City standards as determioed
by the City Engioeer and the Director General Services, the deposit shall be used to perfo= the
maintenance and the amount of the deposit shall be equivalent to the estimated cost of maintainiog the
open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as
determioed by the City Engioeer. Developer agrees that any unused portion of the deposit may be
incorporated into the CFD' s Reserve Account, or returned to the Developer, accordiog to the
following:
a. If, 6 months prior to the scheduled date of acceptance of Landscape and Irrigation
improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit
Amount, the difference between these two amounts shall be incorporated into the Reserve Account,
or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused
portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six
months of the maintenance period if the maintenance is being accomplished to the satisfaction of the
Director of General Services
49. Condition No. 117 - (Bond Indebtedness). In satisfaction of condition No. 117 of the
Resolution, the Developer agrees that prior to City acceptance of any open space lots, the Developer
shall demonstrate to the satisfaction of the City Engioeer, that the assessments/bonded iodebtedness
for all parcels dedicated or granted in fee to the City have been paid or that no assessmentS exist on the
parcel( s).
50. Condition No. 120 - (SAMP). In satisfaction of condition No. 120 of the Resolution,
the Developer agrees to provide a Sub Area Master Plan (SAMP) for Village Seven, as approved by
Otay Water District (OWD), which will also include an analysis of recycled water for open space
slopes. When the SAMP is approved, the Developer(s) shall provide the water and recycled water
improvements in accordance with the SAMP. The SAMP shall be consistent with the SPA Plan. If
the SAMP is inconsistent with the SPA Plan, the Developer( s) shall be responsible for obtainiog the
approval by OWD of any amendment to the Village Seven SAMP in order for the Village Seven
SAMP to be consistent with the approved SPA Plan prior to the approval of the fIrst map for the
Proj ect
15
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51. Condition No. 121- (GUAE). In satisfaction of condition No. 121 of the Resolution,
the Developer agrees to ensure that sufficient room, as determined by the Director of Public Works, is
available for street tree planting when locating utilities within the 10 foot wide easement for general
utility purposes along the public street frontage of all open space lots dedicated on the Final Maps.
52. Condition No. 137 - (Supplemental Agreement). In satisfaction of condition No. 137
of the Resolution, the Developer agrees to the following:
a.
following occur:
That the City may withhold building permits for the Project if anyone of the
i. Regional development threshold limits set by a Chula Vista
transportation phasing plan, as amended from time to time, have been
reached or in order to have the Project comply with the Growth Management
Program, as may be amended from time to time.
.
ii. Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to comply with the
then effective Growth Management Ordinance, and Growth Management
Program and any amendments thereto. Public utilities shall include, but not
be limited to, air quality, drainage, sewer and water.
.
Ill. The required public facilities, as identified in the PFFP or as amended
or otherwise conditioned have not been completed or constructed to the
satisfaction of the City. The developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the City's
Director of Planning and Building and the Public Works Director. The
Developer agrees that the City may withhold building permits for any of the
phases of development identified in the Public Facilities Financing Plan
(PFFP) for Otay Ranch Village Seven SPA if the required public facilities, as
identified in the PFFP or as amended by the Annual Monitoring Program
have not been completed.
.
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b. To defend, indemnify and hold hamliess the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or aDllul any approval by the City, including approval by its
Planning Commission, City Councilor any approval by its agents, officers, or employees with regard
to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the Developer of any claim, action or proceeding and on the further condition that the City
fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for each lot or unit within the
Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of,
and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit
within the properties situated within the fmal map only to those cable television companies
franchised by the City of Chula Vista, the condition of such grant being that:
i. Such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule and does
not require the trenches to be reopened to accommodate the placement of
such conduits; and
ii. Any such cable company is and remains in compliance with, and
promises to remain in compliance with the terms and conditions of the
franchise and with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be, issued by the City of Chula
Vista.
Developer hereby conveys to the City of Chula Vista the authority to enforce the covenant by such
remedies as the City determines appropriate, including revocation of the grant upon determination by
the City of Chula Vista that they have violated the conditions of grant.
c. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the terms of the Tentative
Map Conditions, this Agreement or any Supplemental Agreement. The City shall provide the
Developer of notice of such determination and allow the Developer reasonable time to cure the
breach
e. Defend, indemnify and hold the City, its officers and it employees hamliess
from any liability for erosion, siltation or increase flow of drainage resulting from this project.
17
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53. Condition No. 138 - (Congestion Management Plan). In satisfaction of condition
No. 138 of the Resolution, the Developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or fmancial program
adopted by SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the fonnation of any future regional impact fee program or
facilities benefit district to finance the construction of regional facilities.
54. Condition No. 139 - (previous Agreements). In satisfaction of condition No. 139 of
the Resolution, the Developer agrees to comply with all previous agreements as they pertain to the
property.
55. Condition No. 141- (Regional Fee Program). In satisfaction of condition No. 141
of the Resolution, the Developer agrees to equitably participate in any future regional impact fee
program for regional facilities should the region enact such a fee program to assist in the construction
of such facilities. Developer further agrees to not protest the fonnation of any potential future
regional benefit assessment district fonned to finance regional facilities.
56. Condition No. 142 - (Transit Stops). In satisfaction of condition No. 142 of the
Resolution, the Developer agrees to construct and secure the transit stop facilities as set forth in the
PFFP. The schedule for constructing the transit stops shall be approved or determined by the City
Engineer prior to approval of the aforementioned fmal map. Developer shall design, subject to the
approval of the City Engineer the transit stops in conjunction with the improvement plans for the
related street. The City Engineer may require that Developer provide security guaranteeing the
construction of the transit stops in a form of cash or any other form approved by the City Engineer at
hislher sole discretion. Since transit service availability may not coincide with project development,
the Developer shall install the improvements when directed by the City.
57. Condition No. 144 - (Transit System). In satisfaction of condition No. 144 of the
Resolution, the Developer agrees to not protest the fonnation of any potential future regional benefit
assessment district formed to finance the transit system.
58. Condition No. 147 - (AQIP). In satisfaction of condition No. 147 of the Resolution,
the Developer agrees to implement the final AQIP measures as approved by the City Council, and
as may be amended from time to time, and to comply and remain in compliance with the Air
Quality Improvement Plan (AQIP).
59. Condition N 0.148 - (AQIP). In satisfaction of condition No. 148 of the Resolution,
the Developer acknowledges that the City Council may, from time-to-time, modifY air quality
improvement and energy conservation measures as technologies and/or programs change or become
available. Developer agrees to modifY the AQIP to incorporate those new measures upon request of
18
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the City, which are in effect at the time, prior to or concurrent with each map approval within the
Project. Developer acknowledges that the new measures shall apply to development within all
future map areas, but shall not be retroactive to those areas, which receive [mal map approval prior
to effect of the subject new measures. Developer acknowledges and agrees that the City has
adopted the City of Chula Vista Air Quality Improvement Plan Guidelines (AQIP Guidelines) as
approved per Resolution No. 2003-260 and that such guidelines as approved and as may be
amended from time-to-time shall be implemented.
60. Condition No. 149 - (WCP). In satisfaction of condition No. 149 of the Resolution,
the Developer agrees to implement the [mal Water Conservation Plan (WCP) measures as approved
by the City Council, and as may be amended from time to time, and to comply and remain in
compliance with the WCP.
61. Condition No. 150 - (WCP). In satisfaction of condition No. 150 of the Resolution,
Developer acknowledges that the City Council may, from time-to-time, modifY water conservation
measures as technologies and/or programs change or become available. Developer shall modifY
the WCP to incorporate those new measures upon request of the City, which are in effect at the
time, prior to or concurrent with each map approval within the Project. Developer acknowledges
that the new measures shall apply to development within all future map areas, but shall not be
retroactive to those areas, which receive final map approval prior to effect of the subject new
measures. The Developer acknowledges and agrees that the City has adopted the City of Chula
Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No.
2003-234 and that such guidelines as approved and as may be amended from time-to-time shall be
implemented.
62. Condition No. 151 - (Utilities). In satisfaction of condition No. 151 of the
Resolution, the Developer agrees to install all public facilities in accordance with the Village
Seven Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management
Threshold standards adopted by the City and that the City Engineer may modifY the sequence of
improvement construction should conditions change to warrant such a revision. The Developer
further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management Ordinance) as may be amended from time to time by the City. Developer
acknowledges that the Chapter includes but is not limited to Threshold Standards (19.09.040)
Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures
(19.09.100).
63. Condition No. 152 - (Utilities). In satisfaction of condition No. 152 of the
Resolution, the Developer agrees that the maintenance and demolition of all interim facilities
(public facilities, utilities and improvements) is the Developer's responsibility, and that
construction, maintenance and demolition bonds will be required to the satisfaction of the City
Engineer.
19
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64. Condition No. 156 - (GMOC). In satisfaction of condition No. 156 of the
Resolution, the Developer agrees that pursuant to the provisions of the Growth Management
Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP),
and as they may be amended from time to time, the Developer shall complete the following: (I)
fund a fair share of the preparation of an annual report monitoring the development of the
community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand
for, public facilities and services governed by the threshold standards. An annual review shall
commence following the fIrst fIscal year in which residential occupancy occurs and is to be
completed during the second quarter of the following fIscal year. The annual report shall adhere
to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) prepare a fIve year
development phasing forecast identifying targeted submittal dates for future discretionary
applications (SPA's and tentative maps), projected construction dates, corresponding public
facility needs per the adopted threshold standards, and identifying fmancing options for necessary
facilities.
65. Condition No. 157 - (project Manager). In satisfaction of condition No. 157 of the
Resolution, the Developer agrees to retain a project manager to coordinate the processing of
discretionary permit applications originating from the private sector and submitted to the City of
Chula Vista. Developer acknowledges that the project manager shall establish a fo=al submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identifIed in the adopted SPA Plan. Developer further agrees that
project manager shall have a well-rounded educational background and experience, including but
not limited to land use planning and architecture.
66. Condition No. 159 - (phasing). In satisfaction of condition No. 159 of the
Resolution, the Developer acknowledges that phasing approved with the SPA Plan may be
amended subject to approval by the Director of Planning and Building and the City Engineer and
that the PFFP shall be revised where necessary to reflect the revised phasing plan.
67. Condition No. 160 - (Phasing). In satisfaction of condition No. 160 of the
Resolution, the Developer agrees that if phasing is proposed within an individual map or through
multiple final maps, to shall submit and obtain approval for a development phasing plan by the
City Engineer and Director of Planning and Building prior to approval of any fmal map.
Developer agrees that the improvements, facilities and dedications to be provided with each phase
or unit of development shall be as dete=ined by the City Engineer and Director of Planning and
Building. The City reserves the right to require the improvements, facilities and/or dedications as
necessary to provide adequate circulation and to meet the requirements of police and fire
departments. The City Engineer and Director of Planning and Building may, at their discretion,
modifY the sequence of improvement construction should conditions change to warrant such a
revision. Developer further agrees that the City Engineer may change the timing of construction
of the public facilities.
20
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68. Condition No. 161-(PFFP). InsatisfactionofconditionNo.161 of the Resolution,
the Developer agrees that the Public Facility Finance Plan or revisions thereto shall be adhered to
for the SPA and tentative maps with improvements installed by Developer in accordance with the
plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP
identifies a facility phasing plan based upon a set of assumptions concerning the location and rate
of development within and outside of the Project area. Throughout the build-out of Village Seven
SPA, actual development may differ from the assumptions contained in the PFFP. Neither the
PFFP nor any other Village Seven SPA Plan document grant the Developer an entitlement to
develop as assumed in the PFFP, or limit the Village Seven SPA's facility improvement
requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold
standards, based on actual development patterns and updated forecasts in reliance on changing
entitlements and market conditions, shall govern Village Seven SPA development patterns and
the facility improvement requirements to serve such development. In addition, the sequence in
which improvements are constructed shall correspond to any transportation phasing plan or
amendment to the Growth Management Program and Ordinance adopted by the City. The City
Engineer and Director of Planning and Building may, at their discretion, modifY the sequence,
schedule, alignment and design of improvement construction should conditions change to warrant
such a revision.
69. Condition No. 163 - (Municipal Code). In satisfaction of condition No. 163 of the
Resolution, the Developer agrees to comply with all applicable sections of the Chula Vista
Municipal Code and that preparation of the Final Maps and all plans shall be in accordance with
the provisions of the Subdivision Map Act and the City ofChula Vista Subdivision Ordinance and
Subdivision Manual. Developer further agrees to underground all utilities within the subdivision
in accordance with Municipal Code requirements.
70. Condition No. 164 - (Fees). In satisfaction of condition No. 164 of the Resolution,
the Developer agrees to pay the following fees, as applicable, in accordance with the City Code
and Council Policy:
1. The Transportation and Public Facilities Development Impact Fees.
J. Signal Participation Fees.
k. All applicable sewer fees, including but not limited to sewer connection fees.
1. Interim SR-125 impact fee.
m. Poggi Canyon or Salt Creek Sewer Basin DIP as applicable.
Developer agrees to pay the amount of the fees in effect at the time of issuance of building
permits.
21
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71. Condition No. 165 - (Compliance). In satisfaction of condition No. 165 of the
Resolution, the Developer agrees to comply with all relevant Federal, State, and Local regulations,
including the Clean Water Act. The Developer acknowledges and agrees that Developer will be
responsible for providing all required testing and documentation to demonstrate the compliance as
required by the City Engineer.
.
72. Condition No. 167 - (Compliance). In satisfaction of condition No. 167 of the
Resolution, the Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. The chapter includes but is
not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
73. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction of Developer's obligation of Conditions: 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 16,
18,20,21,22,28,29,30,31,37,40,43,44,48,50,51,57,59,67,80,84,88,89,91,92,93,96,98,
99,102,103,104,110,114,115,116,117,120,137,138,139,141, 142, 144, 147, 148, 149, 150,
151,152, 156, 157, 158, 159, 161, 163, 164, 165, and 167 of the Resolution. Developer further
understands and agrees that some of the provisions herein may be required to be performed or
accomplished prior to the approval of other final maps for the Project, as may be appropriate.
74. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfrlled conditions of approval of the Tentative Subdivision Map,
established by the Resolution and shall remain in compliance with and implement the terms,
conditions and provisions therein.
75. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
76. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits and all other permits for the entire Village Seven SPA project area,
should the Developer be determined by the City to be in breach of any of the terms of this
Agreement. The City shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure the breach. Developer further acknowledges and agrees that the
City may withhold building permits within the Final Maps as defined herein if the required public
facilities for the Otay Ranch Village 7 SPA Plan, as defmed in the PFFP or as amended by the
Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the
satisfaction of the City. Nothing in this condition is intended to modifY, waive, or amend paragraph
10 (Condition; 9, General Preliminary) of this Agreement.
77. Miscellaneous.
22
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a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested,
first-class postage prepaid, addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving written notice of such change to
the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
Otay Project, LP
610 West Ash Street, Suite 1500
San Diego, CA 92101
Attn: Kim Kilkenny
Fax: (619) 234-4088
A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not defme, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not intended
to supersede or amend any other agreement between the parties unless expressly noted.
Amendments to this Agreement must be in writing and approved by the representatives.
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or drafting this
Agreement.
e. Assignablity. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect the
City's interest. The City Manager in his/her sole discretion may, if such assignment is requested,
permit a substitution of securities by the successor in interest in place and instead of the original
23
2-33
securities described herein so long as such substituted securities meet the criteria for security as
set forth elsewhere in this agreement. Such assignment will be in a form approved by the City
Attorney.
f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are
incorporated by reference into this Agreement.
g. Attorney's Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled
to ajudgment against the other for an amount equal to reasonable attorney's fees and court costs
incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the
relief sought.
[NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES]
24
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[pAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEME~l AGREEMENT FOR THE OTA Y RANCH VILLAGE SEVEN FINAL
MAPS FOR UNITS ONE AND UNIT TWO]
CITY OF CHULA VISTA
Stephen C. Padilla,
Mayor of the City ofChula Vista
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
DATED:
,2005
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
25
2-35
[[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SEVEN FINAL
MAPS FOR UNITS ONE AND TWO]
DEVELOPERS/OWNERS:
OTAY PROJECT L.P.,
A California limited partnership,
BY: OTAYPROJECT, LiC,
a California limited liability company,
its General Partner,
BY: OTA Y RANCH DEVELOPMENT, LLC.
a Delaware limited liability company,
its Authorized Member,
By /~4'/
Title: .,rx<:e~'rN tIt::..e f'~.r/'du1-1
(ATTACH NOTARY ACKNOWLEDGMENTS)
26
2-36
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
"',
I,
""'"
State of Califomia
5 ()..v\ '\) '01'\
On ~btY t'? , 'VJ()'S
Datil r
personally appeared ~\N\. ~l ~::J
County of
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" ~, - . -.' ~
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before me, Mtlr'c. LovQ\
1- - - - - Mfk-LOY~ - - J
~ eommllllcn # 1479688
i -. NcIaIy PublIc - Calfornla ~
san DIego County
~ _ _ _ ~~m~~'e~~1:2~t
lic..
Name(s)ofSignllr(s)
Q.j>efsonally known to me
o praved to me on the basis
evidence
of satisfactory
to be the person~ whose name(~ is/_
subscribed to the within instrument and
acknowledged to me that he/sh,ailR<!y executed
the same in his/~eir authorized
capacity(i'\SL and that by his/t!eTttheir
signature(~ on the instrument the person(4, or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT my hand and official seal,
"
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - Titie(s):
D Partner - D Limited D General
D Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other:
Signer Is Representing:
Number of Pages:
.
Topol l:t1umbhere
Q 1999 National Notary Assoc!ation' 93SO De SotoAVII., P.O. Box 2402' Chatsworth, CA 91313-2402' www.naUonalnotary.org
Proo.No.5907
Recrd8r.CaUTon-Frae1-<100-a76-6a27
2-37
~
"
I
~
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)
List of Exhibits
.
Exhibit A
Exhibit B
Legal Description of Property
Security
.
.
2-38
EXHIBIT A
LEGAL DESCRIPTIONS
OTAY RANCH VILLAGE SEVEN UNITS ONE AND TWO
Lots 1-37 of Map No. 15134, in the City ofChula Vista, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County, on September 14,
2005, as File No. 2005-0836547, O.R.
2-39
EXHIBIT "B"
SECURlTY
CHULA VISTA TRACT NO. 05-09
OTA Y RANCH VILLAGE SEVEN UNIT ONE AND TWO FiliAL MAPS
Otay Ranch Village 7 Unit One $40,000.00 SUS017919 OR977F
Survey Monumentation Bond
Otay Ranch Village 7 Unit Two $40,000.00 SUSOl7920 OR978F
Survey Monumentation Bond
.
.
2-40
COUNCIL AGENDA STATEMENT
Item ::3
Meeting Date 12/20/05
ITEM TITLE:
Resolution Approving the Resubdivision Map of
Chula Vista Tract No. 01-09, Eastlake III Vistas Phase 2, Map No.
14404
REVIEWED BY:
Resolution rejecting the irrevocable offer of dedication
for open space Lots "CC" and Lot "Y" of Chula Vista Tract No.
01-09, Eastlake III Vistas Phase 2, Map No. 14404
City Engineer6k' iJd})
Director OfPl~g and Building. r'
City Manager '1/ ~ PI? (4/5ths Vote: Yes_NolQ
On May 28, 2002, by Resolution No. 2002-167, Council approved the Final Map for
Chula Vista Tract 01-09, Eastlake III Vistas Phase 2 (Final Map No. 14404). Tonight,
Council will consider the approval of the Resubdivision Map of a Portion of the
aforementioned Map and the rejection of the Irrevocable Offer of Dedication for Open
Space Lots "CC" and Lot "Y" to reflect the lot line adjustments made within the property
of Davidson Communities.
SUBMITTED BY:
RECOMMENDATION: That Council adopt both resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
Eastlake III Vistas Phase 2 is generally located west of Lower Otay Lakes Reservoir,
south ofOtay Lakes Road, and north of Olympic Parkway (see Attachment 1).
On October 2005, Davidson Communities, owner of approximately 64 lots within
Eastlake III Vistas Phase 2, submitted to the City a Resubdivision Map of Final Map No.
14404. The Resubdivision Map proposes lot line adjustments within the Davidson
Communities' property to accommodate a new building plan. The Resubdivision Map
consists of 64 numbered lots and four lettered lots with a total area of 21.272 acres, all
within Final Map No. 14404.
As part of the lot line adjustments shown in the proposed Resubdivision Map, Open
Space Lots "CC" and "Y", which were irrevocably offered for dedicated in fee interest to
3-1
Page 2, Item :5
Meeting Date 12/20/05
the City of Chula Vista on Map No. 14404, will be rejected. Lot "CC" at the end of
Shadow Crest Court consists of 0.04 acres and will be replaced by a sight visibility
easement in the same location (see Exhibit "A"). Tonight's action would reject the City's
interest in the lot so that a visibility easement, with the same dimensions and location of
the Open Space Lot "CC" could be given to the City along the new lot configurations.
The rejected open space Lot "Y would be replaced with an irrevocable offer of dedication
in an new open space lot, however, the new open space lot would be approximately 90
square foot smaller in size to accommodate the proposed lot line adjustment (see Exhibit
"B").
The developer for the proj ect has requested the adj ustment to the lot lines to
accommodate a variety of residential product types and enhance the street scene. The
loss of the .04-acre, HOA maintained open space lot "CC" will be offset by a sight
visibility easement in the same conflguration to preserve the intent of the SPA and the
community character. The net loss of90 square feet of the HOA maintained open space,
lot "Y" (to be offered to the City as Lot "C" on the resubdivision) also meets the intent
and character of the SPA for the project. Staff is of the opinion that the proposed changes
are minimal in nature and the original map would have been configured as proposed
tonight if the merchant builder's product had been known at the time.
The Resubdivision Map has been reviewed by the Engineering and Building & Planning
Departments and found to be in substantial confo=ance with the subject Tentative Map
approved by Resolution 2001-269 on August 14, 2001. In addition, the proposed map
follows the provisions of the Govemment Code 66499.20 )/.,.
The developer executed a Supplemental Subdivision Improvement Agreement (SlA) for
the Final Map of Eastlake III Vistas Phase 2, Chula Vista Tract No. 01-09 on June 5,
2002. The purpose of the SlA was to satisfy the remaining conditions of Council
Resolution 2001-269, which addressed several on-going conditions of the Tentative Map
that remain in effect until completed or until individual lots are conveyed to individual
homeowners or a homeowners association. This Agreement is binding upon successors
and the burden of the covenants contained in this Agreement runs with any or all of the
property described in Final Map No. 14404.
The Developer has secured its share of the development portion of the Park Acquisition
and Development (PAD) fees for the portion of Eastlake III Vistas Phase 2 neighborhood
and community parks.
3-2
Page 3, Item 3
Meeting Date 12/20/05
FISCAL IMPACT: The applicant has placed funds on deposit with the City. This
deposit will be used by the City to recover the full cost of staff time expended in the
processing of the proposed Resubdivision Map.
Attachments:
I: Plat - Resubdivision Map ofa Portion of City OfChula Vista Tract No. 01-09,
Eastlake III Vistas Phase 2
2: Developer's Disclosure Statement
Exhibit "A":
Location of Open Space Lot "CC" and proposed sight visibility
easement
Location of Open Space Lot "Y", Map 14404
Exhibit "B"
File No. EV-OIOF
J:\Engineer\AGENDA\CAS2005\12-20-05\3nd revision_Resubdivision of Eastlake III VR2_A-113.doc
3-3
Attachment 1
RE-SUBDIVISION OF A PORTION
OF CITY OF CHULA VISTA
TRACT NO. 01-09
EASTLAKE VISTAS PHASE 2
SIGHT -
VISIBILITY
EASAEMENT
TO BE
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3-4
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City of Chula Vista Disclosure Statement
..,.AaiMENT 2-
~
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the
---- Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be
filed. The following information must be disclosed: .
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
1::
\h'~ Lf.
f'k.LLA V :~'A- V (1.-7.. \ ~ U-C.-
2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
r\1\Ct-
3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any
person serving as director ofthe non-profit organization or as trustee or beneficiary or trustor of the trust.
~\A-
,
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
~I'\-~ 'A-W~
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5. Has any person * associated with this contract had any fmancial dealings with an official ** of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes_ NoX
3-5
City of Chula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official." =y have in this contract.
. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No ~ Yes _ If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official"" of the City of Chula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes _ No 21-
'.
If Yes, which official"" and what was the nature ofitero provided?
.
Date:ll::.1 o--QS
Signature of actor/Applicant
'~ r .q..-,n~ c..-0'A-""";o..:-
Print or type e of Contractor/Applicant
" Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
.
"" Official includes, but is not limited to: Mayor, Council member, Planning Co=issioner, Member of a
board, co=ission, or committee of the City, employee, or staff members.
J:\Attorney\forms\disclosure statement 3-6-03
3-6
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE RESUBDIVISION MAP OF
CHULA VISTA TRACT NO. 01-09, EASTLAKE III VISTAS
PHASE 2, MAP NO. 14404
WHEREAS, Eastlake III Vistas Phase 2 is generally located west of Lower Otay
Lakes Reservoir, south of Otay Lakes Road, and north of Olympic Parkway; and,
WHEREAS, the Resubdivision Map consists of 64 numbered lots and 4 lettered
lots with a total area of 21.272 acres, all within Final Map No. 14404 and reflects the lot
line adjustments made within the property of Davison Communities; and,
WHEREAS, the Resubdivision Map proposed the lot line adjustments within
Davidson Communities' property to accommodate a new building plan; and,
WHEREAS, the developer executed a Supplemental Subdivision Improvement
Agreement (SSIA) for the Final Map of Eastlake III Vistas Phase 2, Chula Vista Tract
No. 01-09 on June 5, 2002. The purpose of the SSIA was to satisfy the remaining
conditions of the City Council Resolution 2001-269, which addressed several on-going
conditions of the tentative map that remain in effect until completed or until individual
lots are conveyed to individual homeowners or a homeowners association. This
Agreement is binding upon successors and the burden of the covenants contained in this
Agreement runs with any or all of the property described in Final Map No. 14404; and,
WHEREAS, the Resubdivision Map has been reviewed by the Engineering and
the Building and Planning Departments and found to be in substantial conformance with
the Tentative Map approved by Resolution 2001-269 on August 14,2001.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Chula Vista hereby finds that certain map survey entitled Resubdivision Map of Portion
of City Of Chula Vista Tract No. 01-09 Eastlake III Vistas Phase 2, more particularly
described as follows:
"Being a merging and resubdivision without reversion of lots 347 through
396, inclusive and lots 401 through 414, inclusive, and lots "P", "Q", "Y",
"BB", "CC" and "FF" of Chula Vista Tract No. 01-09 Eastlake III Vistas
Phase 2, in the City Of Chula Vista, County of San Diego, State of
California, according to the map thereof No. 14404 filed June 5, 2002, in
the Office of the County Recorder of said San Diego County, State of
California."
Total Gross Area: 21.272 Acres
Lettered Lots: 4
Numbered Lots: 64
3-7
Resolution No. 2005-
Page 2
Is made in the manner and form prescribed by the provisions of the Subdivision Map Act,
in particular Government Code section 66499.20 Y2; and that said map and resubdivision
ofland shown thereon is hereby approved and accepted.
Presented by
Approved as to form by
.
Sohaib Al-Agha
City Engineer
.
J ames Sandoval
Director of Planning & Building
File No. EV-OIOF
H:\ENOINEER\RESOS\Resos2005\12-r ]-05\Resubdivisiol1 of Eastlake III VR2_Resolution.doc
3-8
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA REJECTING THE IRREVOCABLE OFFER OF DEDICATION
FOR OPEN SPACE LOTS "CC" AND "Y" OF CHULA VISTA TRACT
NO. 01-09, EASTLAKE III VISTAS PHASE 2, MAP NO. 14404
WHEREAS, on October 2005, Davidson Communities, owners approximately 64
lots within Eastlake III Vistas Phase 2, submitted a Resubdivision Map of Final Map No.
14404; and,
WHEREAS, the Resubdivision Map proposes lot line adjustments within the
Davidson Communities' property to accommodate a new building plan; and,
WHEREAS, the proposed Resubdivision Map requires Open Space Lot "CC",
which was irrevocable offered to dedicate in fee interest to the City of Chula Vista on
Map No. 14404, be replaced by a sight visibility easement; and,
WHEREAS, Open Space Lot "Y" per Map No. 14404 is located along Lake
Crest Drive and North Echo Ridge Way will be replaced by a new Open Space Lot "C"
on the proposed Resubdivision Map with a net loss of 89.721 square feet (see Exhibit
"B")' and
, ,
WHEREAS, staff has reviewed the proposed Resubdivision Map showing the lot
line adjustments within the Davidson Communities' property and has found that it
conforms to the SPA requirements for the Eastlake III Vistas.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista, rejects the Irrevocable Offer of Dedication for Lots "CC" and "Y" of
Subdivision Map No. 14404 (see Exhibits "A" and "B").
Presented by
Approved as to form by
~/joJk
Moore
CIty Attorney
Sohaib Al-Agha
City Engineer
James Sandoval
Director of Planning & Building
H:\ENGINEER\RESOS\Resos2005\12-1J-05\Rejecting Lot CC of Map 14404.doc
File: EP-32J
3-9
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3-11
COUNCIL AGENDA STATEMENT
Item: Jf
Meeting Date: 12/20/05
ITEM TITLE:
Resolution Approving Chula Vista Tract No. 92-02A, Rolling
Hills Ranch, Subarea III, Neighborhood II Final Map; accepting on behalf
of the City the various public easements, all as granted on said map within
said Subdivision; approving the Subdivision Improvement Agreement for
the completion of improvements required by said Subdivision; approving
the associated Supplemental Subdivision Improvement Agreement; and
authorizing the Mayor to execute said agreements.
Resolution Approving a Grant Of Easements, License And
Maintenance Agreement between McMillin Rolling Hills Ranch, LLC,
and the City Of Chula Vista for the maintenance of public right-of-way
within Rolling Hills Ranch Subarea III, Neighborhood 11, and authorizing
the Mayor to execute said agreement.
SUBMITTED BY:
City Engineer Sk
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City Manager /' {.....
171,'
(4/5ths Vote: Yes _ No X )
REVIEWED BY:
On October 6,1992, Council approved a Tentative Subdivision Map for Salt Creek Ranch, Chula
Vista Tract No. 92-02. On May 13, 2003, Council approved an Amending Tentative Subdivision
Map for Rolling Hills Ranch (formerly known as Salt Creek Ranch) Subarea III, Chula Vista
Tract No. 92-02A, in which Neighborhoods 9 through 12 of the original Tentative Subdivision
Map were redesigned. Staff proposes that COlillcil now consider approval of the Neighborhood
11 Final Map, its associated Subdivision and Supplemental Subdivision Improvement
Agreements, and a Grant of Easements, License & Maintenance Agreement for privately
maintained public property.
RECOMMENDATION: That Council adopts the resolutions.
BOARDS AND COMMISSIONS: Not applicable.
DISCUSSION:
Rolling Hills Ranch Neighborhood 11 is a 66.772-acre project generally located north of Proctor
Valley Road and east of Hunte Parkway in the northeasterly portion of Rolling Hills Ranch
Subarea III. The project consists of 77 residentiallots and one open space lot (see Attachment 1).
The Tentative Map was approved October 6, 1992 (Resolution No. 16834). An Amending
Tentative Map was approved May 13, 2003 (Resolution No. 2003-199).
Final Map: The Final Map has been reviewed by the City Engineer and found to be in
substantial conformance with the approved Tentative Map. The developer, McMillin Rolling
Hills Ranch, LLC, has already paid all applicable fees.
4-1
Page 2, Item-1....
Meeting Date 12/20/05
Council approval of the Final Map will constitute:
. Acceptance by the City of the fuel modification open space easements.
. Acceptance by the City of the sight visibility easements with the rights of ingress and
egress.
. Acceptance by the City of the 5.50-foot tree planting and maintenance easements, with
the rights of ingress and egress for the construction and maintenance of street planting
along Agua Vista Drive, Ponte Tresa, Nature View Court and Coastal Hills Drive.
. Acceptance by the City for public use of Agua Vista Drive, Ponte Tresa, Nature View
Court and Coastal Hills Drive.
Associated Agreements: In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
1. Subdivision Improvement Agreement: Requires the developer to complete the
improvements required by said Subdivision. Security bonds have been provided,
guaranteeing the completion of all improvements and monumentation required by the
Municipal Code.
2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled
conditions of the Tentative Map approved by Resolution No. 16834 and the Amending
Tentative Map approved by Resolution No. 2003-199. These conditions will remain in
effect until completed by the developer and/or their successors(s) in interest. This
includes bonding for two traffic signals along Proctor Valley Road at the intersections of
Hunte Parkway and Duncan Ranch Road.
3. Grant of Easements. License & Maintenance Agreement: Establishes obiigations and
responsibilities for the maintenance of certain improvements located within pubiic rights-
of-way by the developer and/or their successor(s) in interest, as required by the Tentative
Map conditions of approval.
The developer is in compliance with the Agreement for Monitoring Building Permits as
approved by Resolution 2003-166.
The above agreements have been reviewed by staff, and approved as to form by the City
Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements.
Attachments:
Attachment 1: Plat of Rolling Hills Ranch Neighborhood 11, Chula Vista Tract No. 92-02A
Attachment 2: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
Exhibit C: Grant of Easements, License & Maintenance Agreement
1:'!!ngineer\AgendaICAS200S112-20-oSIRHR N-II AI13 .doc)
4-2
A1TAaWENT ,
CHULA VISTA TRACT NO. 92-02A
ROLLING HILLS RANCH
SUBAREA III NEIGHBORHOOD 11
300 600 900
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City of Chula Vista Disclosure Statement
ATTACHMENT 2
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City ofCbula Vista election must be
filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
!1Jj,i/iAl lll/ij g$ ~Ne/.../ LtC-
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
J.;;,. z::.. -t~f6N
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lJ:..<.f/N C'(j
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5. Has anyperson* associated with this contract had any financial dealings with an official** of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes_ No....$-
4-4
City of ChuIa Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official"" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to aCIJITentmember
of the Chula Vista City Council? No x.. Yes _ If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official"" of the City of Chula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes _ No L
If Yes, which official"" and what was the nature of item provided?
.
Date:
1111 '1/05
Print or type name of Contractor/Applicant
"
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, ftatemal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
""
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
l:\Attomcy\fOnn:9\disclosure statement 3-6-03
4-5
RESOLUTION NO. 2005-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHULA VISTA TRACT
NO.n-02A, ROLLING HILLS RANCH, SUBAREA III,
NEIGHBORHOOD II FINAL MAP; ACCEPTING ON BEHALF
OF THE CITY THE VARIOUS PUBLIC EASEMENTS, ALL AS
GRANTED ON THE FINAL MAP WITHIN THE
SUBDIVISION; APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY THE SUBDIVISION;
APPROVING THE ASSOCIATED SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
WHEREAS, McMillin Rolling Hills Ranch, LLC, ("the developer") has submitted a final
map for Rolling Hills Ranch, Subarea III, Neighborhood II; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolutions No. 16834 and No. 2003-
199.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that the certain map survey entitled Chula Vista Tract n-02A, Rolling Hills
Ranch, Subarea III, Neighborhood II, is made in the manner and form prescribed by law and
conforms to the surrounding surveys; and that the map and subdivision of land shown thereon is
hereby approved and accepted. The Map is more particularly described as follows:
Lots "9", "10" and "II" of Chula Vista Tract No.92-02A, Rolling Hills Ranch
Subarea III "A" Map in the City of Chllla Vista, County of San Diego, State of
California, according to Map thereof No. 14756 filed in the office of the County
Recorder of San Diego County on March 24, 2004.
Area: 66.772 Acres
Numbered Lots: 77
Open Space Lots: 4.956 Acres
No. of Lots: 78
Lettered Lots: I
BE IT FURTHER RESOLVED that the City Council hereby accepts on behalf of the
public the following public streets: Agua Vista Drive, Ponte Tresa, Nature View Court and
Coastal Hills Drive, and these streets are hereby declared to be public streets and dedicated to the
public use all as shown on the map within the subdivision.
BE IT FURTHER RESOLVED that the City Council hereby accepts on behalf of the
City of Chula Vista the various easements, all as granted on the final map within this
subdivision, subject to the conditions set forth thereon.
4-6
Resolution 2005-XXX
Page 2
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon the map the action of the City Council; that the City
Council has approved the subdivision map, and that the public streets are accepted on behalf of
the public as therefore stated and that those certain easements, as granted thereon and shown on
said map within the subdivision, are accepted on behalf of the City of Chula Vista as herein
above stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement for
the completion of improvements in the subdivision, a copy of which shall be kept on file in the
office of the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and nm with
the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreements on behalf of the City ofChula Vista.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors ofthe County of San Diego.
Presented by
Approved as to form by
Sohaib Al-Agha
City Engineer
~t"~
Moore
City Attorney
4-7
.
THE ATTACHED AGREEJ\1ENT 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
f /ldL
Ann Moore
City Attorney
Dated: 12/12/05
SIA FOR MCMILLIN ROLLING HILLS RANCH, LLC
SUBAREA III, NEIGHBORHOOD 11 (CVT 92-02A)
4-8
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDMSION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this
day of ,2005, by and between THE CITY OF CHULA VISTA, a municipal
corporation, hereinafter called "City", and MCMILLIN ROLLING HILLS RANCH, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, 2750 Womble Road, San Diego, CA,
hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals
constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
[City Council] for approval and recordation, a fmal subdivision map of a proposed subdivision,
to be known as ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 11 (CVT 92-
02A) pursuant to the provisions of the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula Vista Municipal Code [The Code]
relating to the filing, approval and recordation of subdivision map; and
WHEREAS, The Code provides that before said map is finally approved by the City
Council, Subdivider must have either installed and completed all of the public improvements
and/or land development work required by The Code to be installed in subdivisions before final
maps of subdivisions are approved by the City Council for purpose of recording in the Office of
the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter
into an agreement with City, secured by an approved improvement security to insure the
performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal
The Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the
public improvements and/or land development work required in said subdivision within a
definite period of time prescribed by said City Council; and
-1-
4-9
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the City Council, to enter into this agreement wherein it is provided that Subdivider
will install and complete, at Subdivider's own expense, all the public improvement work required
by City in connection with the proposed subdivision and will deliver to City improvement
securities as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th
day of October, 1992 ("Tentative Map Resolution"); and
WHEREAS, an amending tentative map of said subdivision has heretofore been
approved, subject to certain requirements and conditions, as contained in Resolution No. 2003-
199, approved on the 13th day of May, 2003 ("Amending Tentative Map Resolution"); and
.
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawing No. 05088 & 05089 on file in the office of the City Engineer;
and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
ONE MILLION, NINE HUNDRED AND TWENTY THOUSAND DOLLARS AND NO
CENTS ($1,920,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
I. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution and Amending Tentative Map Resolution; to do and
perform or cause to be done and performed, at its own expense, without cost to City, in a good and
workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer,
all of the public improvement and/or land development work required to be done in and adjoining
said subdivision, including the improvements described in the above Recitals ("Improvement
Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance
with the plans and specifications, which documents have heretofore been filed in the Office of the
City Engineer and as described in the above Recitals this reference are incorporated herein and made
a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be installed
within thirty (30) days after the completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name signs if permanent street name signs
have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary materials to
be furnished and all Improvement Work required under the provisions of this contract to be done on
or before the second anniversary date of City Council approval of the Subdivision Improvement
Agreement.
-2-
4-10
4. It is Wlderstood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued Wltil the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly Wlderstood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement securities from a
sufficient surety, whose sufficiency has been approved by the City in the sum of NINE
HUNDRED SIXTY THOUSAND DOLLARS AND NO CENTS ($960,000.00) which security
shall guarantee the faithful performance of this contract by Subdivider as shown in Exhibit "A"
and which security is attached hereto, and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement securities from a
sufficient surety, whose sufficiency has been approved by the City in the sum of NINE
HUNDRED SIXTY THOUSAND DOLLARS AND NO CENTS ($960,000.00) to secure the
payment of material and labor in connection with the installation of said public improvements, as
shown in Exhibit "A", and which security is attached hereto, and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FOURTEEN
THOUSAND FIVE HUNDERED DOLLARS AND NO CENTS ($14,500.00) to secure the
installation of monuments, as shown in Exhibit "A" and which security is attached hereto, and
made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amoWlt, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security .
-3-
4-11
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of The Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of fmal acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or the modificatio'n of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City and its agents,
-4-
4-12
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning this subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place instead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
-5-
4-13
SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVElvlENT AGREEMENT
ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 11
(CVT 92-02A)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
SIGNATURE PAGE TWO OF TWO
-6-
4-14
SUBDIVISION IMPROVEMENT AGREEMENT
ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 11
(CVT 92-02A)
McMillin Rolling Hills Ranch, LLC
A Delaware limited liability company
By: McMillin Management Services, L.P.
A California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
Its:GeneZe~ '
By: ~ ~
Its:
B.
It~
U
(Attach Notary Acknowledgment)
-7-
4-15
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On November 17, 2005, before me, Carol L. Bond, a Notary Public in
and for said County and State, personally appeared Todd Galarneau
and Tom Tomlinson, personally known to me (or proved to me OR the
basis of satisfactory evidence) to be the person@) whose nam~ ~are
subscribed to the within instrument and acknowledged to me that hc/~hdthey
executed the same in hi3/he;dtheir authorized capacit~ and that by
his,1H,dtheir .signatur~ 9J-1....;he instrument the I:'erso~r the entity upon
behalf of whIch the perso~cted, executed the mstrument.
WITNESS TY'hrd and official seal.
/
I.-:=.~-f
Nolcry Public - cclliomlc f
Scn Diego County
. 'MyComm"xpiresAprl6.2007
,
Signature
.
4-16
.,-.--...--,
EXHIBIT "A"
TO SUBDIVISION IMPROVEMENT AGREEMENT FOR
ROLLING HILLS RANCH SUBAREA ill, NEIGHBORHOOD 11
(CVT 92-02A)
ESTIMATED
PUBLIC COST OF FAITHFUL LABOR AND DRAWING BOND
IMPROVEMENTS IMPROVEMENTS PERFORMANCE MATERIALS NOS. NOS.
Rolling Hills Ranch
Subarea III, $1,800,000.00 $900,000.00 $900,000.00 05088-01 to 2171731
Neighborhood 11 05088-12
Improvements
Ranch Lakes Way $120,000.00 $60,000.00 $60,000.00 05089-01 to 2171733
Improvements 05089-04
Monumentation $14,500.00 Per private Civil 2172732
for Backbone Engineer's or
Land Surveyor's
Estimate
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement
Agreement
-8-
4-17
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
hv<P
Ann Moore
City Attorney
Dated: 12/14/05
SSIA FOR MCMILLIN ROLLING HILLS RANCH, LLC
SUBAREA III, NEIGHBORHOOD 11 (CVT NO. 92-02A)
4-18
RECORDING REQUEST BY:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 92-02A,
ROLLING HILLS RANCH SUBAREA III NEIGHBORHOOD 11
(Conditions 2- 5,13,15,22,27,35,58,59,66,87,89,91,110,111, 121-128, 135, 1360f
Resolution 16834 for Chula Vista Tract No. 92-02, Salt Creek Ranch and 55, 88, 92, 133,
137 of Resolution 2003-199 for Chula Vista Tract No. 92-02A, Rolling Hills Ranch Subarea
III)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
_day of , 2005, by and between THE CITY OF CHULA VISTA,
California ("City" or "Grantee" for recording purposes only) and MCMILLIN ROLLING
HILLS RANCH, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("Developer" or
"Grantor"), with reference to the facts set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and
incorporated herein ("Property"). The Property is referred to as Rolling Hills Ranch
Subarea III Neighborhood 11, Chula Vista Tract No. 92-02A. For purposes of this
Agreement the term "Project" shall mean "Property".
B. Developer is the owner of the Property.
11/41JL2fJ95
Neighborhood 11: SSIA
Septemberl9,2005
C. The City has adopted Resolution 16834 ("Resolution") pursuant to which it has
approved the Salt Creek Tentative Subdivision Map subject to certain conditions as
more particularly described in the Resolution.
D. Developer has applied for and the City has approved an Amending Tentative
Subdivision Map commonly referred to as Chula Vista Tract No. 92-02A, Rolling
Hills Ranch Subarea III Neighborhoods 9-1-2, ("Tentative Subdivision Map") for the
subdivision of the Property.
E. The City has adopted Resolution 2003-199 ("Amending Resolution") pursuant to
which it has approved the Amending Tentative Subdivision Map subject to certain
conditions as more particularly described in the Resolution.
F.
City is willing, on the premises, security, terms and conditions herein contained to
approve the Final Map for which Developer has applied as being in substantial
conformance with the Tentative Subdivision Map described in this "8" map
Agreement.
.
G. The Project has been reviewed for consistency with the following environmental
documents: FEIR-89-03; FSEIR-91-03 (hereinafter referred to as the Project EIRs).
The Project will be developed in accordance with these EIRs and all mitigation
measures set forth in the respective Mitigation Monitoring and Reporting Programs
(MMRPs).
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties
as to any or all of the Property as described in Exhibit "A" until released by the
mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the covenants contained in
this Agreement ("burden") is for the benefit of the Property and the City, its
successors and assigns and any successor in interest thereto. City is deemed the
beneficiary of such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public or private, in whose
favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any
particular land or interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain any actions or
suits at law or in equity or other proper proceedings to enforce the curing of such
breach to which it or any other beneficiaries of this agreement and the covenants
may be entitled.
4~20
Neighborhood 11; SSIA
September19,2005
a. Developer Release on Guest Builder Assignments. If Developer
assigns any portion of the Project to a Guest Builder, Developer may request to be
released from Developer's obligations under this Agreement, that are expressly
assumed by the Guest Builder, provided Developer obtains the prior written consent
of the City Manager or his designee to such release. Such assignment to the Guest
Builder shall, however, be subject to this Agreement and the Burden of this
Agreement shall remain a covenant running with the land. The City shall not withhold
its consent to any such request for a release so long as the assignee acknowledges
that the burden of the Agreement runs with the land, assumes the obligations of the
Developer under this Agreement, and demonstrates, to the satisfaction ofthe City, its
ability to perform its obligations under this Agreement as it relates to the portion of the
Project which is being acquired by the Assignee.
b. Partial Release of Developer's Assignees. If Developer assigns any
portion of the Project subject to the burden of this Agreement, upon request by the
Developer or its assignee, the City shall release the assignee of the burden of this
Agreement as to such assigned portion if such portion has complied with the
requirements of this Agreement to the satisfaction of the City and such partial
release will not, in the sole discretion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
c. Release of Individual Lots. Upon the occurrence of any of the following
events, the Developer shall, upon receipt of the prior written consent of the City
Manager (or Manager's designee), have the right to release any lot(s) from
Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a
residential lot to a buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association;
iii. The conveyance of a school site as identified in the SPA
Plan to a school district;
The City may withhold its consent to such release if the City finds that such
release will jeopardize the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the City Manager
(or Manager's designee) shall execute an instrument drafted by Developer in a
recordable form acceptable to the City Manager (or Manager's designee), which
confirms the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, at the close of an individual homeowner's escrow
on any lot or parcel encumbered by this Agreement, such lot or parcel shall be
automatically released from the encumbrance hereof.
2. Condition No.2 of Resolution 16834 (Public Facilities Financing Plan). In
satisfaction of Condition NO.2 of Resolution 16834, the Developer agrees to install public
facilities in accordance with the Public Facilities Financing Plan as amended by Resolution
4'- 21
Neighborhood 11; SSIA
Septemberl9,2005
2000-190 on June 13, 2000 or as required by the City Engineer to meet threshold
standards adopted by the City. In addition, the sequence that improvements are
constructed shall correspond to any future East Chula Vista Transportation Phasing Plan
as may be amended in accordance with the financing study adopted by the City. The
Developer further acknowledges that the City Engineer and the Planning Director may, at
their discretion, modify the sequence of improvement construction should conditions
change to warrant such a revision.
3. Condition No.3 of Resolution 16834 (General Preliminary). In satisfaction of
Condition NO.3 of Resolution 16834, the Developer agrees that mitigation measures
required before Final Map approval by Final Supplemental Environmental Impact Report
for Salt Creek Ranch (FSEIR) 91-03 are hereby incorporated into this agreement by
reference. Any such measures not satisfied by a specific condition of this agreement or by
the project design shall be implemented to the satisfaction of the Director of Planning.
Mitigation measures shall be monitored via the Mitigation Monitoring Program approved in
conjunction with the FSEIR. Modification of the sequence of mitigation shall be at the
discretion of the Director of Planning should changes in circumstances warrant such
revision.
.
4. Condition No.4 of Resolution 16834 (General Preliminary). In satisfaction of
Condition NO.4 of Resolution 16834, unless otherwise conditioned, the Developer shall
comply with, remain in compliance with, and implement, the terms, conditions and
provisions of 1) the Salt Creek Ranch General Development Plan (GDP) approved by City
Council Resolution 15875 on September 25, 1990 and amended by City Council
Resolution 2003-198 on May 13, 2003; 2) Salt Creek Ranch Sectional Planning Area
(SPA) Plan approved by the City Council Resolution No. 16555 on March 24,1992 and
amended by City Council Resolution 2003-386 on August 26, 2003; 3) the Rolling Hills
Ranch Planned Community District Regulations and Land Use Map approved by City
Council Ordinance No. 2499 on April 7, 1992 and amended by Ordinance No. 2932 on
September 16, 2003; 4) Public Facilities Financing Plan approved by City Council
Resolution 16555 on March 24, 1992 and amended by Resolution 2000-190 on June 13,
2000; 5) Tentative Subdivision Map for Salt Creek Ranch, Chula Vista Tract 92-02
previously approved by City Council Resolution Number 16834 on October 6, 1992 and
amended by City Council Resolution 2003-199 on May 13, 2003; 6) Agreement for
Monitoring of Building Permits approved by City Council Resolution 2003-166 on April 15,
2003; 7) the Master Plan of Reclaimed Water; 8) Urban Runoff Report; 9) Habitat
Enhancement Plan; 10) Master Plan of Sewage; 11) Water Conservation Plan; and 12) the
Air Quality Improvement Plan Design Guidelines as are applicable to the property which is
the subject matter of the Tentative Map, prior to approval of the Final Maps, or shall have
entered into an agreement with the City, providing the City with such security (including
recordation of covenants running with the land) and implementation procedures as the City
may require, assuring that, after approval of the Final Map, the Developer shall continue to
comply with, remain in compliance with, and implement such Plans. Developer hereby
agrees to waive any claim that the adoption of a final Water Conservation Plan or Air
Quality Improvement Plan constitutes an improper subsequent imposition of the condition.
41-22
Neighborhood 11; SSIA
September19,2005
5. Condition No. 5 ot Resolution 16834 (Streets, Rights-ot-Way and
Improvements). In satisfaction of Condition No.5 of Resolution 16834, the Developer
shall provide security in accordance with Chapter 18.16 of the Municipal Code, dedicate
and construct full street improvements for all public and portions of private streets shown
on the Tentative Map within the subdivision boundary or off-site, as required for each unit
or phase. Said improvements shall include, but not be limited to, asphalt concrete
pavement, base, concrete curb, gutter and sidewalk, sewer reclaimed water and water
utilities, drainage facilities, streetlights, signs, fire hydrants and transitions to existing
improvements. All streets shall conform to the City's Street Design Standards Policy
adopted by City Council Resolution #15349 unless otherwise conditioned or approved by
the City Engineer. Construct transitions to existing improvements in the manner required by
the City Engineer. (Engineering)
6. Condition No. 13 ot Resolution 16834 (Streets, Rights-ot-Way and
Improvements). In satisfaction of Condition No. 13 of Resolution 16834, the Developer
shall construct a temporary turnaround at the end of any streets which are not constructed
to their full lengths that are greater than 150 feet in length as measured from the nearest
intersection, except as approved by the City Engineer. (Engineering)
7. Condition No. 15 ot Resolution 16834 (Streets, Rights-ot-Way and
Improvements). In partial satisfaction of Condition No. 15 of Resolution 16834, the
Developer shall provide security (see Exhibit "8") or install fully activated traffic signals
including interconnect wiring at the following intersections:
a. Proctor Valley Road/Hunte Parkway;
b. Proctor Valley Road/Duncan Ranch Road;
The developer shall install underground improvements, standards and luminaries with
construction of street improvements, and install mast arms, signal heads and associated
equipment when signal warrants are met, as determined by the City Engineer.
(Engineering)
8. Condition No. 22 ot Resolution 2003-199 (Streets, Rights-ot-Way and
Improvements). In partial satisfaction of Condition No. 22 of Resolution 2003-199, the
Developer shall not prevent any legal access to parcels adjacent to Subdivision Map
14756. Developer further agrees that alternate access shall be provided for any such
parcel. (Engineering)
9. Condition No. 27 ot Resolution 2003-199 (Streets, Rights-ot-Way and
Improvements). In satisfaction of Condition No. 27 of Resolution 16834, the Developer
shall construct private streets in accordance with the standards contained in the
subdivision manual and street design standards unless otherwise approved by the City
Engineer. Private street cross sections shall conform to those shown on the tentative map
for curb-to-curb width and right-of-way width. (Engineering)
10. Condition No. 35 ot Resolution 16834 (Grading and Drainage). In satisfaction of
Condition No. 35 of Resolution 16834, the Developer shall submit a list of proposed lots
4.523
Neighborhood 11; SSIA
Septernher19,2005
indicating whether the structure will be located on fill, cut, or in a transition between the two
situations prior to approval of each Final Map for single family residential use.
(Engineering)
11. Condition No. 55 of Resolution 2003-199 (Threshold and Withholding of
Building Permits). In satisfaction of Condition No. 55 of Resolution 2003-199 Developer
agrees to the following:
a. That the City may withhold building permits for the subject subdivision if any
one of the following occur:
i. Regional development threshold limit set by the Chula Vista
Transportation Phasing Plan, as amended from time to time, have
been reached or in order to have the Project comply with the
Growth Management Program, as may be amended from time to
time.
.
ii. Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to
comply with the then effective Growth Management Ordinance
and Growth Management Program and any amendments thereto.
Public utilities shall include, but not be limited to, air quality,
drainage, sewer and water.
b.
ili. The required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have been completed or
constructed to the satisfaction of the City. The Developer may
propose changes in the timing and sequencing of development
and the construction Of improvements affected. In such case, the
PFFP may be amended as approved by the City's Director of
Planning and building and the Public Works Director. Developer
agrees that the City may withhold building permits for any of the
phases of development identified in the Public Facilities Financing
Plan (PFFP) for the Project if the required public facilities, as
identified in the PFFP have not been completed.
That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such determination and allow
the Developer reasonable time to cure said breach.
.
12. Condition No. 58 of Resolution 16834 (Indemnification). In satisfaction of
Condition No. 58 of Resolution 16834, the Developer agrees to defend, indemnify, and
hold harmless the City and its agents and employees, from and against any claims for
damages or other relief related to alleged erosion, action, or proceeding against the City, or
its agents, officers, or employees to attack, set aside, void, or annul any approval by the
4l>24
Neighborhood 11; SSIA
Septernber19, 2005
City, including approval by its Planning Commission, City Councilor any approval by its
agents, officers, or employees with regard to this subdivision provided the City promptly
notifies the subdivider of any claim, action, or proceeding and on the further condition that
the City fully cooperates in the defense. The obligations contained in this condition 58 shall
survive despite the fact that the developer may be released from the obligations of this
Agreement pursuant to section 1 above.
13. Condition No. 59 of Resolution 16834 (Erosion). In satisfaction of Condition No.
59 of Resolution 16834, the developer agrees to defend, indemnify and hold harmless, the
City, and its agents and employees, from and against any claims for damages or other
relief related to alleged erosion, siltation or increased flow of drainage resulting from this
Project. The obligations contained in this condition 59 shall survive despite the fact that the
developer may be released from the obligations of this Agreement pursuant to section 1
above.
14. Condition No. 66 of Resolution 16834 (Cable Television Companies). In
satisfaction of Condition No. 66, the developer shall permit all cable television companies
franchised by the City of Chula Vista equal opportunity to place conduit and provide cable
television service for each lot or unit within the final map area. Developer further agrees to
grant, by license or easement, and for the benefit of, and to be enforceable by, the City of
Chula Vista, conditional access to cable television conduit within the properties situated
within the final map only to those cable television companies franchised by the City of
Chula Vista, the condition of such grant being that: (a) such access is coordinated with
Developer's construction schedule so that it does not delay or impede Developer's
construction schedule and does not require the trenches to be reopened to accommodate
that placement of such conduits; and (b) any such cable company is and remains in
compliance with, and promises to remain in compliance with the terms and conditions of
the franchise and with all other rules, regulations, ordinances and procedures regulating
and affecting the operation of cable television companies as same may have been, or may
from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the
City of Chula Vista the authority to enforce said covenant by such remedies as the City
determines appropriate, including revocation of said grant upon determination by the City
of Chula Vista that they have violated the conditions of grant. (Engineering, Planning &
Building)
15. Condition No. 87 of Resolution 2003-199 (Open Space Maintenance). In partial
satisfaction of Condition No. 87 of Resolution 2003-199, the Developer agrees to include in
the Covenants Conditions & Restrictions (CC&R's) that the maintenance of all private
facilities and improvements within open space areas are managed by homeowners
associations. Prior to approval of the first final map for the Project, the Developer shall: 1)
create a Master Homeowners Association ("HOA") to own and maintain in a professional
manner open space areas, medians, parkways, and all other improvements not maintained
by community facilities district or other entity; and 2) complete the formation of the HOA
which shall be structured to allow annexation of future tentative map areas in the event the
City Engineer and Director of Planning and Building requires such annexation of future
tentative map areas. Submit to and gain approval of said CC&R's by the Director of
Planning prior to approval of the associated final map. The CC&R's shall include the
4~5
Neighborhood 11; SSIA
Septernber19,2005
following;
a. Maintain all the facilities and improvements within the open space lots offered for
dedication to the City until acceptance of the open space lots for maintenance by a
community facilities district.
.
b. The HOA shall not seek to dedicate or convey for public streets, land used for
private streets without approval of 100% of all the HOA members or holders of first
mortgages within the HOA be incorporated into said CC&R's to the satisfaction of the
City Attorney, Director of Planning & Building and City Engineer. (Planning and
Building, Engineering, City Attorney)
16. Condition No. 88 of Resolution 2003-199 (Brush Management). In partial
satisfaction of Condition No. 88 of Resolution 2003-199, the Developer agrees to provide,
prior to issuance of the first building permit in Neighborhood 11, the initial cycle of fire
management/brush clearance within designated brush management HOA lots for the
Property subject to the approval of the Fire Marshal and the Landscape Architecture
Division and Environmental Review Coordinator.
17. Condition No. 89 of Resolution 16834 (Fire Hydrants). In satisfaction of Condition
No. 89 of Resolution 16834, the Developer agrees to install fire hydrants every 500 ft. for
single family residential, to install and make operable the hydrants prior to delivery of
combustible building materials, and to comply with Chula Vista Fire Department Policy No.
2916.00, as amended from time to time, to the satisfaction of the City Fire Marshal.
18. Condition No. 91 of Resolution 16834 (Open Space Easements). In satisfaction
of Condition No. 91 of Resolution 16834, the Developer shall dedicate to the City open
space easements (OSE) over all downhill side and rear slopes adjacent to MSCP Preserve
lots in Subarea III. These open space lots shall preclude the construction of any structures
within said easements and shall limit activities within the easements to landscape
maintenance of fuel modification plant materials. The form and content of the OSE's shall
be subject to the approval of the Director of Planning and Building, and the City Attorney.
(Planning & Building, C.A.)
19. Condition No. 92 of Resolution 2003-199 (Fuel Modification Zone Plantings). In
partial satisfaction of Condition No. 92 of Resolution 2003-199, the Developer agrees that
any new plantings within the Fuel Modification Zone shall be non-invasive and subject to
the approval of the Environmental Review Coordinator and Landscape Architecture
Division.
20. Condition No. 111 of Resolution 16834 (Schools). In satisfaction of Condition No.
111 of Resolution 16834, the Developer shall establish and participate in a school facility
financing plan as well as providing classroom space as required by the Sweetwater Union
High School District prior to the first building permit for the project. (Planning)
4-€26
Neighborhood 11; SSIA
Septernber19,2005
21. Condition No. 120 of Resolution 16834 (Bench Marks). In partial satisfaction of
Condition No. 120 of Resolution 16834, the Developer agrees to provide permanent City
bench marks tied to the City System at the following locations:
1. Mt. Miguel Road/Mackenzie Creek Road
2. East "H" Street/Both Subdivision Boundaries
3. East "H" Street/Hunte Parkway
4. Otay Lakes Road/Rutgers
22. Condition No. 121 of Resolution 16834 (Code Requirements). In satisfaction of
Condition No. 121 of Resolution 16834, the Developer shall comply with all applicable
sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans
shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula
Vista Subdivision Ordinance and Subdivision Manual. (Engineering, Planning)
23. Condition No. 122 of Resolution 16834 (Underground Utilities). In satisfaction of
Condition No. 122 of Resolution 16834, the Developer agrees to underground all utilities
within the subdivision in accordance with Municipal Code requirements.
24. Condition No. 123 of Resolution 16834 (Fire Sprinklers). In satisfaction of
Condition No. 123 of Resolution 16834, the Developer agrees to provide lots with
residential fire sprinkler systems due to access requirements as determined by the Fire
Marshal.
25. Condition No. 124 of Resolution 16834 (Planned Community District
Regulations). In satisfaction of Condition No. 124 of Resolution 16834, the Developer
agrees that all proposed development shall be consistent with the Salt Creek Ranch SPA
Planned Community District Regulations, subject to the approval of the Director of
Planning.
26. Condition No. 125 of Resolution 16834 (Title 24). In satisfaction of Condition No.
125 of Resolution 16834, the Developer shall comply with Title 24 and any other energy
conservation ordinances and policies in effect at the time construction occurs on the
property in conformance with this Tentative Map. (Building and Housing, Planning)
27. Condition No. 126 of Resolution 16834 (Clean Water Act). In satisfaction of
Condition No. 126 of Resolution 16834, the Developer shall comply with all relevant
Federal, State and local regulations, including the Clean Water Act. The developer shall be
responsible for providing all required testing and documentation to demonstrate said
compliance as required by the City Engineer. (Engineering)
28. Condition No. 127 of Resolution 16834 (Community Purpose Facility). In
satisfaction of Condition No. 127 of Resolution 16834, the Developer shall comply with the
Community Purpose Facility Ordinance, Chula Vista Municipal Code section 19.48.025.
The developer shall provide areas proposed to show compliance with said ordinance and
obtain approval of said areas from the Director of Planning. (Planning)
4~27
Neighborhood 11; SSIA
Septernber19, 2005
29. Condition No. 128 of Resolution 16834 (Fees). In satisfaction of Condition No. 128
of Resolution 16834, the Developer agrees to pay all applicable fees in accordance with
the City Code and Council Policy, including, but not limited to, the following:
Prior to issuance of the first cuilding permit:
1. The Transportation and Public Facilities Development Impact Fees.
2. Signal Participation Fees.
3. All applicable sewer fees, including but not limited to sewer connection fees.
4. Salt Creek Sewer Basin Fee.
5. Sewer Pump Station DIF.
30. Condition No. 133 of Resolution 2003-199 (Violations). In satisfaction of Condition
No. 133 of Resolution 2003-199, the Developer agrees that the approval of this map by the
City of Chula Vista does not authorize the Developer to violate Federal, State or City laws,
ordinances, regulations or policies, including, but not limited to the Federal Endangered
Species Act of 1973 and any amendments thereto.
31. Condition No. 135 of Resolution 2003-199 199 (Required Improvements) _ In
partial satisfaction of Condition No. 135 of the Resolution, the Developer agrees not to
seek and hereby acknowledges that City will not issue building permits for those lots
without both domestic water service and fire suppression flows from the 1100 service zone,
until such time as the Otay Water District has accepted the 1100 service zone
hydropneumatic pump station and determined that facility is fully operationally complete.
32. Condition No. 137 of Resolution 2003-199 (Violations). In partial satisfaction of
Condition No. 137 of Resolution 2003-199, the Developer agrees to cause street sweeping
to commence immediately after the final residence in each phase is occupied and shall
continue sweeping until such time that the City has accepted the street or 60 days after the
completion of all punch list items, whichever occurs earlier. The developer further agrees
to provide the Assistant Director of Public Works (ADPWO) with a copy of the memo
requesting street sweeping service,which memo shall include a map of areas to be swept
and the date the sweeping will begin.
33. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of
Conditions 2-5,13,15,27,35,58-59,66,87,89,91,110_111, 121-128, 135-136 of
Resolution 16834 for Chula Vista Tract No. 92-02, Salt Creek Ranch and 55, 88, 92, 133,
135 & 137 of Resolution 2003-199 for Chula Vista Tract No. 92-02A, Rolling Hills Ranch
Subarea III.
34. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned;
that Developer shall comply with all unfulfilled conditions of approval of the Salt Creek
Ranch, Chula Vista Tract No. 92-02 Tentative Map (adopted by Resolution 16834) and the
Amending Tentative Map for Rolling Hills Ranch, Chula Vista Tract No. 92-02A (adopted by
Resolution 2003-199) and shall remain in compliance with and implement the terms,
conditions and provisions of the Resolutions.
4.!~ 8
Neighborhood 11; SSIA
September19,2005
. 35. Previous Agreements. The Developer acknowledges that nothing in this Agreement
shall supersede, nullify or otherwise negatively impact the terms of previous agreements as
they apply to the Project including the Agreement for Monitoring of Building Permits as
approved by Resolution 2003-166; the Desiltation Agreement approved by Resolution
2003-0450; the Sewer Pump Station Agreement approved by Resolution 2004-0069 and
the A-Map SSIA approved by Resolution 2004-0068;
36. Recording. This Agreement, or an abstract hereof prepared by either or both parties,
may be recorded by either party.
37. Assignability. Upon request of the Developer, any or all on-site duties and
obligations set forth herein may be assigned to subdivider's successor in interest if the City
Manager in his/her sole discretion determines in writing that such an assignment will not
adversely affect the City's interest. The City Manager in his/her sole discretion may, if such
assignment is requested, permit a substitution of securities by the suc;cessor in interest in
place and stead of the original securities described herein, so long as such substituted
securities meet the criteria for security as set forth elsewhere in this Agreement. Such
assignment will be in a form approved by the City Attorney.
38. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits for the Project, should the Developer be determined by the
City to be in breach of any of the terms of this Agreement. The City shall provide the
Developer of notice of such determination and allow the Developer with reasonable time to
cure said breach.
39. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or
delivered to either party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have elapsed
following deposit in the U.S. mail, certified or registered mail, return receipt
requested, first-class postage prepaid, addressed to the address indicated in
this Agreement. A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
4129
Neighborhood 11; SSIA
September19, 20Q5
Developer:
McMillin Rolling Hills Ranch, LLC
2750 Womble Road
P.O. Box 85104 (Mailing Address)
San Diego, CA92186-5104
Attn: Rodney Lubojasky
.
A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided in this
paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this
Agreement or any of its terms.
c.
Entire Agreement. This Agreement contains the entire agreement between
the parties regarding the subject matter hereof. Any prior oral or written
representations, agreements, understandings, and/or statements shall be of
no force and effect. This Agreement is not intended to supersede or amend
any other agreement between the parties unless expressly noted.
.
d. Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or his attorney prepared and/or drafted
this Agreement. It shall be conclusively presumed that both parties
participated equally in the preparation and/or drafting this Agreement.
e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced
herein are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing
party will be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief
sought.
(NEXT PAGE IS SIGNATURE PAGE)
12
4-30
Neighborhood 11; SSlA
Septemberl9,2005
PAGE ONE OF TWO SIGNATURE PAGES TO THE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
McMillin Rolling Hills Ranch LLC
Subarea III, Neighborhood 11
CHULA VISTA TRACT NO. 92-02A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
13
4-31
Neighborhood 11; SSIA
SeptemberI9,2005
PAGE ONE OF TWO SIGNATURE PAGES TO THE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
McMillin Rolling Hills Ranch LLC
Subarea III, Neighborhood 11
CHULA VISTA TRACT NO. 92-02A
.
DEVELOPERS/OWNERS:
McMillin Rolling Hills Ranch, LLC
A Delaware Limited Liability Company
By: McMillin Management Services, L.P.
A California limited partnership
.
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
Its: General~ny.. .
BY:~ ':L
Its: _Vt"'~ r:~;;JJ...;:(
BY:~\(
Its: ~l'c.v.. ~;~
.
(Attach Notary Acknowledgment)
C:\Documents and Settings\rlubojasky\Local Settings\Temporary Internet Files\OLKlC\SSlA RHR NIl Map - FinaI3.doc}14
4-32
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On December 1. 2005 , before me, Brenda N. Henderson, Notary Public
personally appeared Tom Tomlinson and Denny E. Cuccarese , personally known to me to be
the persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same In their authorized capacities, and that by their signatures on the
instrument the persons or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
s;g"'"rn/M?14~ 71 .tJ{Erd~
,.,~~
l @'~"'~'" Bm':t;.;"N. HENDERSON)
~ :b~" CUi.,1M.# 1364428 t5
~ ;'t-a . NOT!,R1 PUBLIC-CAUFORNIA =E
Z . ~ SAN DIEGO COUNTY ......
~::~~~~~~
This area for official notarial seal
McMillin Rolling Hills Ranch Supplemental Subdivision Improvement Agreement for Chula Vista
Tract No. 92-02A Sub area III Neighborhood 11
4-33
Neighborhood 11; SSIA
September19,2005
List of Exhibits
Exhibit "A" - Legal Description of McMillin Rolling Hills Ranch Subarea III Neigh. 11
Exhibit "B" - List of Required Bonds
.
15
4-34
Neighborhood 11; SSlA
Septemberl9,2005
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 77 OF CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH,
SUBAREA III, NEIGHBORHOOD 11 MAP, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON AS INSTRUMENT NO.
16
4-35
Neighborhood 11; SSlA
Septemberl9,2005
EXHIBIT "B"
TRAFFIC SIGNAL BONDS
.
Improvements Improvements Bond Reference
Cost Number
Proctor Valley Road $101,750.00 Faithful Performance Chula Vista
& Hunte Parkway $101,750.00 Material & Labor 2171746 Drawing Nos.
05065
Proctor Valley Road $90,750.00 Faithful Performance Chula Vista
& Duncan Ranch Rd. $90,750.00 Material & Labor 2171747 Drawing Nos.
05066
.
17
.
4-36
RESOLUTION NO. 2005-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A GRANT OF EASEMENTS,
LICENSE AND MAINTENANCE AGREEMENT BETWEEN
MCMILLIN ROLLING HILLS RANCH, LLC, AND THE CITY
OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC
RIGHT-OF-WAY WITHIN ROLLING HILLS RANCH
SUBAREA III, NEIGHBORHOOD 11, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, McMillin Rolling Hills Ranch, LLC, ("the developer") has submitted a final
map for Rolling Hills Ranch, Subarea III, Neighborhood 11, Chula Vista Tract No. 92-02A; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement in which it has agreed to maintain certain areas of the public right-of-way through the
creation of a homeowner's association ("HOA"); and
WHEREAS, the Grant of Easements, License, and Maintenance Agreement sets forth the
obligations of the developer, the Master HOA, and subsequent Transferees in maintaining the
public right-of-way;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Grant of Easements, License and Maintenance Agreement,
between McMillin Rolling Hills Ranch LLC and the City of Chula Vista for the maintenance of
public right-of-way within Rolling Hills Ranch Subarea III Neighborhood II, 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 and directed to execute said agreements for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Sohaib Al-Agha
City Engineer
/7 /}/J /7/J
I)b~" r/f/C~
Am{Moore
City Attorney
4-37
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
), '1 f /lILLL
;;
Ann Moore
City Attorney
Dated: 12/14/05
GRANT OF EASEMENTS, LICENSE AND
MAINTENANCE AGREEMENT, CVT NO. 92-02A,
ROLLING HILLS RANCH, SUBAREA III, NEIGHBORHOOD 11
4-38
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.
(ABOVE'SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 92-02A
ROLLING HILLS RANCH, SUBAREA III, NEIGHBORHOOD 11
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
("Agreement") is made as of this _ day of ,200-, by and between the CITY OF
CHULA VISTA, a municipal corporation ("City"), and McMILLIN ROLLING HILLS RANCH, LLC,
a Delaware limited liability company ("McMillin RHR").
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described in Exhibit A attached hereto and incorporated herein
("Property"). The Property is part of a planned residential development project commonly known
as "Rolling Hills Ranch II" (and also referred to as "Rolling Hills Ranch Subarea III"), Chula Vista
Tract No. 92-02A. For purposes of this Agreement, the term "Project" shall refer to the overall Rolling
Hills Ranch II planned development project, including, but not limited to the "Property."
B. McMillin RHR is the Declarant under that certain Master Declaration of Restrictions
For Rolling Hills Ranch II filed or to be filed for record in the Official Records of San Diego County,
California (the "Master Declaration"). The Master Declaration provides for Rolling Hills Ranch II
Master Association, a California nonprofit mutual benefit corporation ("MHOA") to maintain certain
areas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA") for a
particular proj ect(s) within Rolling Hills Ranch II, the purposes of which would include the maintenance
of certain amenities within the Project over which the SHOA has jurisdiction.
Rollu,6 HU/~ Ratlclt /1
Neiahboritood (1 Gralt olBanmeata, etc.
Grant.BllmtLMAinLAar.II.3loI:t05.wpd
I
1M 1105
4-39
.
C. The Property is or will become covered by that the certain final map(s) (the "Final
Maps") described on Exhibit "A" attached hereto and referenced in the title to this Agreement.
D. In order for McMillin RHR to obtain the Final Maps and fQrthe City to have assurance
that the maintenance of certain areas within the Project would be provided for, the City and McMillin
RHR entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution,
in which McMillin RHR agreed that maintenance of such areas shall be accomplished by the creation
of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those
particular areas which were dedicated to the public on one ormore of the Final Maps but which include
landscaping and drainage improvements to be maintained by the MHOA. The public areas to be
maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas."
E. The City desires to grant to McMillin RHR easements for landscape maintenance
purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in
order to facilitate the obligations of McMillin RHR as set forth in Supplemental Subdivision
Improvement Agreements, adopted pursuant to the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
1. Grant of Easements. The City hereby grants to McMillin RHR and its agents, successors
and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public
Areas for the purpose of maintaining, repairing and replacing landscaping improvements located thereon.
These grants are made without any warranties of any kind, express or implied, other than the warranty
stated in Paragraph 14(f) below.
2. Maintenance ObUe:ations
(a) McMillin RHR to Initially Maintain. McMiI1in RHRhereby covenants and
agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained,
repaired or replaced, those improvements within the MHOA Maintained Public Areas which
are described on Exhibit "C" attached hereto, at a level equal to or better than the level of
maintenance which is acceptable to the Director of Public Works Operations, at hislher
discretion and equivalent to City or Community Facilities District maintained right-of-way
facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean
the maintenance, repair, and replacement obligations described herein and on Exhibit "C"
hereto and shall also include repair and replacement at no cost to the City of any City owned
property that is damaged during performance of the maintenance responsibilities pursuant
to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City.
(b) Transfer to MHOA. Upon McMillin RHR's transfer of maintenance obligations
to the MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred,
and (ii) subject to the City determining that the requirements of Para graph 3 below have been
Rollin, HfllJ R(I1fc/t /1
Nllaf\borltood II Drant a(Eullmcnll, el!:.
GnnLSumtt.MainLAp.II.3IoctO.5.wpd
2
10131105
4-40
satisfied, McMillin RHR shall be released from such obligation. Transfer of maintenance
obligations to the MHOA may be phased (that is, there may be multiple transfers).
McMillinRHRrepresents to City that it intends to, and has the authority to, unilaterally
transfer said maintenance obligations either (i) to the MHOA and that such transfer has been
provided for in the Declaration, and that such document(s) include the provisions described
in Paragraph 3(a)(ii) below, or altematively(ii) to anew homeowners association (the "New
Association") established for maintenance of the open space and thoroughfare median areas
in the Property, and that such transfer shall be provided for in the declaration of restrictions
(the "New Declaration") for the New Association, and that such document(s) shall include
the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement
to the "Association" shall include the New Association and "Declaration" shall include the
New Declaration if McMillin RHR elects to form a new homeowners association for the
Property.
(c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance
obligations to a sub-association ("SHOA") or to the owner of an apartment project
("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i)
the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA
shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii)
the MHOA shall be released from the obligations so transferred subject to the City determining
that the requirements of Paragraph 4 below have been satisfied. Although it is possible that
Maintenance obligations might be transferred to an apartment owner, McMillin RHR does
not believe it is likely that Maintenance obligations will be transferred to an apartment owner.
3. Assll!nment bv McMillin RHR and Release of McMillIn RHR
(a) Assignment. Upon McMillin RHR's transfer of the Maintenance obligations
to the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release McMillin RHR from its
obligations only if all of the following occur:
(i) MHOA Accepts Oblil!ation. The MHOA has unconditionally accepted
and assumed all of McMillin RHR's obligations under this Agreement in writing, such
assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of McMillin RHR
under this Agreement. The assignment shall also have been'approved by the appropriate
governing body of the MHOA by resolution or similar procedural method and approved
as to form and content by the City Attorney, The City shall not unreasonablywithhold
its consent to such assignment.
(ii) MHOA's Declaration. The City has confirmed that there have been no
modifications to the recorded Declaration previously approved by City, to any of the
following provisions: the MHOA shall be responsible for the maintenance of the MHOA
Rollill, HI/II lUJ"clt II
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Maintained Public Areas, the MHOA shall indemnify City for all claims, demands,
causes of action, liability or loss related to or arising from the maintenance activities,
and the MHOA shall not seek to be released by City from the maintenance obligations
of this Agreement, without the prior consent of City and one hundred percent (I 00%)
of the holders of first mortgages or owners of the Property.
(Ui) MHOA Insurance. The MHOA procures and formally resolves to
maintain at its sole cost and expense, commencing no later than the City's release of
all of McMillin RHR's landscape maintenance bonds, 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 Liabllity 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 oruse 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;
(H) The policy shall not contain a cross-suit exclusion
clause which would abrogate coverage should litigation
ensue between insureds;
(Hi) 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 ofliability."
This Section 5.1 (a) may not be amended without the written consent
of the City Planning Director or City Attorney.
Rtllll,., HIIJ.J Rtmd "
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The MHOA shall provide the City with a Certificate of Insurance upon acceptance
of the transfer of the Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled,
McMillin RHR shall be released from its obligations under this Agreement, including its security
and insurance requirements. McMillinRlIR acknowledges 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, McMillin RHR shall give
a notice to the City of McMillin RlIR'sintent to transfer its Maintenance obligations herein
and provide the City with the appropriate documents listed in Paragraph 3(a).
4. Assil!Ument bv MHOA and Release of MHOA.
(a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a
Transferee, it is intended by the parties that the Transferee shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release the MHOA from its
obligations only if all of the following occur:
(i) Transferee Accepts Obligation. The Transferee has unconditionally
accepted and assumed all of the MHO A's obligations under this Agreement in writing,
such assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of the MHOA under
this Agreement. If the Transferee is an SHOA, the assignment shall also have been
approved by the appropriate governing body of the SHOA 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 assignment.
(ii) SHOA's Declaration ofResmctions. If the Transferee is an SHOA, the
City has reviewed and approved the SHOA's recorded Declaration of Restrictions to
confirm that said document contains appropriate maintenance and insurance provisions.
(iii) SHOA Insurance. The Transferee procures and formally resolves to
Maintain at its sole cost and expense, a policy of public liability insurance which meets
the requirements set forth in Paragraph 3 (a) (Iii) above. The SHOA shall provide
the City with a Certificate of Insurance upon acceptance of the transfer of the
Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the
MHOA shall be released from its obligations under this Agreement, including its security and
insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice
to the City ofMHOA's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 4(a).
Ralltll' Htl16 Randll
Naipborhood II QI'IIDI of Buemcatl, ele.
Onnt.Bum1l.Mlint.Aar. t 1.310c:t0S.wpd
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1013l1O!
4-43
5. McMillin RHR's Insurance. Until such time as the MHOAhas obtained the general
liability insurance required by Section 5.1 (a) of the Declaration, McMillin RHR agrees to procure
and formally resolves to maintain at its sole cost and expense, commencing no later than the date that
the landscape architect of record has submitted a letter of substantial conformance pertaining to work
being completed to the General Services Department and the General Services Department Director
or his designee has deemed the work complete and satisfactory, a policy of public liability insurance
that would include, but is not limited to the folloWing:
.
General Liability Insurance. McMillin RHR shall obtain a comprehensive general liability
and property damage insurance policy insuring McMillinRHR against liability incident to ownership
or use of the Property. The limit~ 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" A, Class V" or better with 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 ofChula Vista shall be named as an additionally insured party to such
insurance pursuant to the City's requirements McMillin RHR do so;
(Ii) The policy shall not contain across-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
.
(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."
McMillin RHR shall provide the City with a Certificate of Insurance upon procurement of the policy
as set forth above.
6. Indemnitv. McMillin RHR shall defend, indemnify and hold harmless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to persons or property,
costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss
of any sort (herein "claims or liabilities"), that may be asserted or claimed by any person, firm, or
entity because of or arising out of or in connection with the use, maintenance, orrepair of the MHOA
Maintained Public Areas. McMillin RHR shall not have any liability under this section by reason
of the Transferee's failure to maintain.
7. Indemnitv If Transferee. The document whereby McMillin RHR .transfers a
Maintenance obligation to a Transferee shall be signed by both McMillin RHR and the Transferee
and shall set forth an express assumption of Maintenance and other obligations hereunder and shall
include the following indemnification provision:
.
Indemnity. The Transferee shall defend, indemnify, and hold harmless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to
Rom". HU1.r R_cJr JJ
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10131105
4-44
persons or property, costs including attorney's fees, penalties, obligations, errors,
omissions, demands,liability, or loss ofimy sort (herein "claims or liabilities"),which
result from the Transferee's failure to comply with the requirements of the obligations
transferred hereby to Transferee. Transferee shall not have any liability under this
Indemnity by reason of another party's failure to maintain. It is specifically intended
that the City shall have the right to enforce this Indemnity. This Indemnity may not
be amended without the written consent of the City Director of Planning and Building
or City Attorney.
8. Agreement BindIng Upon Any Successive Parties. This Agreement shall be binding
upon McMillin RHR and any successive Declarant under the Declaration. This Agreement shall be
binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA
or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property.
9. Agreement Runs With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The 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 such covenants running with the land have been
provided, without regard to whether the City has been, remained or are owners of any particular land
or interest therein. Ifsuch covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
10. GoverniDl! Law. This Agreement shall be governed and construed in accordance with
the laws of the State of Califonria.
11. Effective Date. The terms and conditions of this Atp'eement shall be effective as of
the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office.
12. Counteroarts. This Agreement may be executed in any number of counterparts, each
of which shall be original and all of which shall constitute one and the same document.
13. RecordJnl!. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City Council.
14. MisceUaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered and received when
Rolll"6 H1lb Rtzlft:lr II
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1013110'
4-45
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 United States mail, certified or registered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated
in this Agreement. A partymay change such address for the purpose of this Paragraph by giving
written notice of such change to the other party.
If To City:
CITY OF CHULA VISTA
Department of Public W orks/Engineering Division
276 Fourth Avenue
ChuIa Vista, CA 91910
Attn: City Engineer
If To McMillin RHR:
McMILLIN ROLLING HILLS RANCH, LLC
2727 Hoover Avenue
National City, California 91950
Attn: Project Manager
(b) Captions. Captions in this Agreement are inserted for convenience of reference
and do not defme, describe or limit the scope or intent of this Agreement or any ofits terms.
(c) Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding
the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings andlor statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
(d) Recitals; Exhlhlts. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, McMillin RHR, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby warrants
and represents to the other party that it has legal authority and capacity and direction from
its pri!1cipal to enter into this Agreement, and that all resolutions andlor other actions have
been taken so as to enable said signatory to enter into this Agreement.
110m.. HIUI Rtmclt II
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4-46
(g) Modification. This Agreement may not be modified, terminated or rescinded,
in whole orin part, except bywrirten instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego
County Recorder's Office.
(h) Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant
or condition to person or circumstance, shall not be affected thereby and each term, covenant
or condition shall be valid and be enforced to the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement.
It shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first set forth above.
CITY OF CHULA VISTA, a municipal corporation
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
Ann Moore, City Attorney
RQllln, Htll3 lflUfdl II
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9
1013110'
4-47
McMILLIN ROLLING HILLS RANCH, LLC, a
Delaware limited liability company
By: McMillin Management Services, L.P.
a California limited partnership, Manager
.
By: Corky McMillin Construction Services, Inc. ,
a California co "o~Genera1. Partner
By ~ ~qM..
Title ~ .
~rtle~\~
.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On.V</ J I L.\ . 200!Z. before me, ~ ~~
Notary Public in and for said ~tate, personally aj1peared ~~ 1"';"11 rI;:::t..r)
n V") v(_"D'-V)~ I "') G - ""',t(a~__
perSOnallYknO~to me (or pfS.',EI te!Be SB tBe sasis aiaa_ie.step) "'1':d",u",e) to be thepers~
whose n~ rare subscribed to the within instrument and acknowledged to me that ;:fey
executed the s e in bWlrer/their authorized capaci~ and that ~''''& 'IIer4Beir signa ) n
the instrument, the perso~r the entity upon behalf of which the perso~ted, execu e the '
instrument.
.
(Seal)
.-'
.
RGIlI"6 HII" Ralfdl n
N.IPborhood II Grant orBat.menu, .to.
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4-48
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On .200_, before me,
Notary Public in and for said State, personally appeared
.
personally known to me (or 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 hislher/their authorized capacity(ies), and that by hislher/their signature(s) on
the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
(Seal)
RQlIiII, HIlII RfUldlll
Nelahborhood I J Qrant of BllClmcnCl, .tc.
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10131105
4-49
EXHffiIT "A"
Le!!al DescriDtion of the PrODertv
Lots I through 77, inclusive, ofChula Vista TractNo. 92.02A Rolling
Hills Ranch Subarea ill Neighborhood 11, in the City ofChula Vista,
County of San Diego, State of California, according to Map thereof
No. ,filed in the Office of the County Recorder of San
Diego County, ,200_.
Final MaDs
Chula Vista Tract No. 92-02A Rolling Hllls Ranch Subarea ill "A"
Map, in the City of Chula Vista, County of San Diego, State of
California, according to Map thereof No. 14756, filed in the Office of
the County Recorder of San Diego County, March 24, 2004.
Chula Vista Tract No. 92-02A Rolling Hills Ranch Subarea ill
Neighborhood 11, in the City of Chula Vista, County of San Diego,
State of California, according to Map thereofNo. , filed
in the Office of the County Recorder of San Diego County,
,200_.
,
Roll",. HUb lbutcllll
NoipborlJood II 0ruI ofBuemoatl, etc.
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4-50
1013110$
EXHIBIT "B"
Plats Showing Public Areas To Be Privately Maintained
RDIIIII, HUu Radt II
NeiPborhood II Or... orBuommIl. gle,
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lonl105
4-51
EXHIBIT "D"
CHULA VISTA TRACT NO. 92-02A
L~G~ND:
ARE:4 TO BE
~~ MAINTAINED BY
ASSOCIATION
SCALE 1'=100'
"
~
51
~
~
A
86
52
53
MORNING CREEK
ROAD
54
L01 MAM
L01 MAM
P~OC''h
~O~
f.r4l~y
~04lJ
SUBDIVISION BOUNDARY
.HUNSAKER
~~~
...... ----...
- ---Q-
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4-52
EXHIBIT "B II
CHULA VISTA TRACTNG. 92-02A
LOr *B*
"-
7-'
Ij,. SCALE 1'=100'
~
LEGEND:
AREA TO BE
~ MAINTAINED BY
ASSOCIATION
2
Lor *pM
J>/ro
Cl'o~
~4~y
/ro4lJ
.~:cs
...... ............
_.......CII_
---
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4-53
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EXHIBIT "C"
Maintenance Responsibilities
City of Chula Vista
Area BOA Maintenance Maintenance
Parkways within those Landscaping in the parkways Maintenance of curb, gutter,
portions of those public road including irrigation, triIlUlllng sidewalks and pavement.
shown on Exhibit "B." and pruning of trees, and
maintenance and irrigation of
turf areas.
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Oraat.Bumu,Mlint.Aar.II,J lac<<l5.wpd
1013110'
4-57
Page 1, Item S'
Meeting Date: 12/20/05
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Resolution of the City Council of the City of Chula Vista
approving Change Orders requested by Otay Project, L.P. associated with
facilities constructed for the Telegraph Canyon Road Traffic Enhancement
Improvements
SUBMITTED BY:
City Engineer c5k
City Manager Q
(4/5ths Vote: Yes_NoX)
REVIEWED BY:
Tonight, Council will consider approving a variety of change orders related to Phases One and Two
for the Telegraph Canyon Road Traffic Enhancement Improvements. These change orders will be
paid directly from bond proceeds reserved within Community Facilities District No. 06-1, No. 07-1,
No. 08-1 and No. 2001-2.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council:
Approve the Resolution approving the change orders requested by Otay Project, L.P. who is the
responsible developer for the construction of Telegraph Canyon Road improvements.
DISCUSSION:
The Telegraph Canyon Road widening project was identified by the Council as a traffic enhancement
project. This project was budgeted at $4 million and is paid for by four Eastern Territory
Commlmity Facilities Districts (CFD). Although the project budget has not been exceeded, costs
have accrued differently than originally anticipated. Less costs than were anticipated went to right-
of-way acquisition and negotiations with adj acent property owners resulted in more costs going into
addressing their concerns over driveway widths and access points, as well as reducing the amount of
closure periods for driveways into and out of businesses. Staff also worked with the contractor to
make changes in work in order to accelerate the construction schedule.
On February 14, 2005, Otay Proj ect, L.P. submitted a payment request for reimbursement from CFD
No. 06-1, No. 07-1, No. 08-1 and No. 2001-2 for channel costs (Phase I) constructed by "Daley
CCA V, IV." On November 1,2005, reimbursement was requested for Surface Improvement costs
(Phase II) constructed by "Hanson SIH Construction" associated with the construction of the
Telegraph Canyon Road Traffic Enhancement Improvements. Contained within the first request
were eight construction change orders from "Daley CCA V, IV" for channel improvements and
within the "Hanson SIH Construction" request were 19 change orders. These are all TDIF eligible
change orders in which the aggregate amount exceeded the authorized eligible amounts per the
Acquisition/Financing Agreements of the four CFD's and thus require Council approval. These
change orders are outlined in more detail in the attached Exhibit 1.
5-1
Page 2, Item 5
Meeting Date: 12/20/05
These change orders were the outcome of the City of Chula Vista's additional direction during
construction, unforeseen field conditions, non-recorded information on channel improvements,
additional requests for construction elements and right-of-way negotiations. In order to keep
businesses open and traffic delays at a minimum, more business coordination and night work was
required by the contractors and as such, additional change orders were required. The change orders
also result ITOm shopping center design constraints including such things as main entrance
improvements, wall adjustments and the pre-cast box culvert supplier not being able to meet City's
requirements.
The City's Directives and Procedures for TDIF Reimbursement/Credit denotes that no single change
order shall be eligible for TDIF credit which increases the original contract amount by more than
$50,000 or aggregately for contacts over $1,000,000 more than $73,000 plus 5% of amount over one
million dollars or the change orders will need to go to City Council for approval.
The contract for "Daley CCA V, JV" originally totaled $1,388,688.00, which according to the
formula described above caps the aggregate change orders at $92,434. The eight Change Orders
requested total approximately $263,261.00, therefore necessitating Council approval. Most of the
change orders were related to the Canyon Plaza main entrance construction and accommodations for
a wider entrance in order to facilitate vehicular ingress and egress.
The contract for "Hanson SJH Construction" originally totaled $788,951 for surface improvements.
City Directives and Procedures for contracts between $100,001 to $1,000,000 direct that the
aggregate total for change orders not exceed $10,000 plus 7% of amount over $100,000. This
formula resulted in a cap of$58,226.57 for Hanson's requested change orders. Hanson's request for
19 change orders totals $456,612.45 and exceeds the authorized eligible amounts, thus Council
approval is required. The changes were primarily due to extensive pavement repairs, the narrowing
of Hale crest Drive in order to reduce impacts to a gas station, and reconstruction on Halecrest Drive
and on Telegraph Canyon Road. Also, water utility lines and drainage structures needed to be
modified due to the proximity of other utilities and the existing box culvert constraints at Halecrest
Drive.
The Resolution
There is one Resolution on today's agenda, which, if adopted, will accomplish the following:
RESOLUTION APPROVING THE CHANGE ORDERS requested by Otay Project, L.P. and will
perform the following:
. Approve the eight Change Orders by "Daley CCA V, JV" and 19 Change Orders by "Hanson
SJH Construction" for Telegraph Canyon Road Traffic Enhancement Improvements.
. Enable these Change Orders to be fmanced ITom CFD No. 06-1, No. 07-1, No. 08-1 and No.
2001-2.
5-2
5
Page 3, Item
Meeting Date: 12/20/05
Future Actions
Otay Project, L.P. plans to request reimbursement for these Change Orders in Request No. 13 from
the proceeds of the Bonds from CFD No. 06-1, No. 07-1, No. 08-1 and No. 2001-2. Staff is still in
negotiations with the owner of Canyon Plaza Shopping Center regarding fmal landscaping.
Negotiations should wrap up this month and allowing the landscaping to be installed shortly
thereafter.
FISCAL IMPACT:
McGill, Martin & Self Inc., has audited and reviewed the construction change orders and has found
that they are consistent with the Traffic Enhancement Agreement, the Acquisition and Financing
Agreements and TDIF guidelines.
The City will recover the full cost of stafftime expended processing these change orders from the
individual CFDs. In addition, the CFDs will bear all consultant costs associated with this action.
Attachments:
Exhibit 1:
Table of Change Orders and Costs
J:\EngineerIAGENDA\CAS2005\ 12-20-05\Change Orders\CAS Change Orders I 2-6-05 (gregv3 ).doc
5-3
~I,~
~:;::1~
(.J1Y()f
CHUfA VISt-\.
EXHIBIT
I
-
~
,nS
Telegraph Canyon Road Traffic Enhancement
Change Orders
Change
Orner
Numbers
Amounts
$1Q1,696.45
PHASE I CHANNEL IMPROVEMENTS. DALEY
Reason forChanqe Orders
2
3
4
5
6
7
Subtotal
8
$450.00
$67,650.00
$3,18100
$81,OOQ.00
$22,888.97
$301500
$279,881_42
-$1667000
$263,26142
No ~rec;ast wing walls available from supplier due to scheduling problems from manufacturer and no
State approval far design. Had to perform "cast in place" construction
Additional signageforconstruction and traffic control
Over excavation for Channel needed to be hand dug to keep wing walls from sliding out past t::onstruction limits.
RelccateCulvert
Added wider cast in place wall at main entranc;e to Vons due to negotiations with the property owner
Seal open channel drainage pipes to prevent water intrusion
Increase in quantity for entrance Decorative Wall
Decrease in olJantitvoffence and Fnolneerina Fabric
PHASE II SURFACE IMPROVEMENTS. HANSON
1 $3,760,00
2A $8,597,00
3.1 $10,560.00
4 $9,23650
5 $64,995,25
6 $31,011,15
7 $60,39789
8 $0,00
9 $6,18350
10 $59,937,89
11 $2,92500
12 $11,83710
13 $26,83210
14 $91,67442
15 $2,047,35
16 $53,832.40
17 $4,096.00
18 $5,208.00
19 $3,48090
20 ~
$461,445.05
Date: November 15, 2006
Required to remove tree and grind stump per CCV direction
Increase PVC pipe from Z' to 3" and add a 2" PacBell pipeline
Due to confined work space and in order not to require another lane required asphalt added sliver fill
Add Type Hand 8-1 Curbs
Demolition of three abandoned Traffic Signal footjngs at Canyon Plaza in way of work on channel, replace asphalt
Working around ARCa to aVt:lid disruption and elevation changes and removai of curb return
Removal of old wall foundation and 2 abandoned Traffic Signal standard foundations and appurtenances at
Halecrest to clear area for ultimate landscaping and wall foundation work.
Notsubmltted-noinformation
Add curb and gutters
New east curb line, plus Water Authonty overnight waterline work to add 10' of line to go over culvert
Add stampcrete medians
Change from 4" AC over 14"CA8 to 4" AC over10"of 4 sack sand slurry with Petro tack
Due to negotiations with Unocai need for revisions on Halecrest to new East Curb line and to avoid utHities
Cross section revisions to prevent water ponding and Improve surface runoff on Telegraph Canyon Road
Repiping Stubouts
Repair and replace asphalt on priva.te property to match street improvements, at Unocal added asphalt in lieu of landscaping
CaltransPermit
ExtraGradmg,millpavementandrecompactsite
Additior'lal excavation required for improvements
Adjust pedestriar'l poles due to grade char'lge at Halecrest Drive
Source: McGill Martin Self, Inc and developer binders
X.\2111, 1CY102Aud\change orders1V2\120805
5-4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY THE CHULA VISTA
APPROVING CHANGE ORDERS REQUESTED BY OTA Y PROJECT L.P.
ASSOCIATED WITH TDIF ELIGIBLE FACILITIES ON THE TELEGRAPH
CANYON ROAD TRAFFIC ENHANCEMENT PROJECT LOCATED EAST
OF INTERSTATE-805
WHEREAS, the City's Transportation Development Impact Fee (TDIF) program
(Chapter 3.54 of the Municipal Code) allows developers to construct needed
transportation infrastructure in lieu of paying transportation fees; and
WHEREAS, Otay Project L.P. has constructed Telegraph Canyon Road widening
project that is one of the City's Traffic Enhancement projects. This project was publicly
bid in two phases, one phase for the channel improvements and one phase for the street
improvements. The Change Orders for this project are in excess of City staffs limitations
on TDIF eligible Change Orders; and
WHEREAS, there will be a final audit to determine the actual TDIF credit
amount; and
WHEREAS, City staff recommends that any Change Order above $50,000
individually be authorized by Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve Change Orders requested by Otay Project L.P. for the
construction of the Telegraph Canyon Road widening project from Interstate -805 to a
point approximately 0.25-mile east ofInterstate-805.
Presented by
Approved as to form by
/lu/#dJ
Anil'Moore . .
City Attorney
Sohaib Al-Agha
City Engineer
5-5
COUNCIL AGENDA STATEMENT
Item &
Meeting Date 12/20/05
ITEM TITLE: Resolution Approving Agreements between the City
and (a) Ninyo & Moore Geotechnical & Environmental Sciences
Consultants, (b) Mactec Engineering and Consulting, Inc., (c) Southern
California Soil & Testing, Inc. and (d) Kleinfelder, Inc. to provide on-call
materials testing, geotechnical and building special inspection consulting
services required for various capital improvement projects (CIP) or other
City projects and authorizing the Mayor to execute said agreements on
behalf of the City
SUBMITTED BY: Director of General servic~~ ~
REVIEWED BY: City Manager -;( f-. .Pf (4/5ths Vote: Yes_No....!..l
The construction of public works infrastructure improvements and buildings require the use of
quality materials and construction methods to assure longevity and usefulness. In an effort to
ensure that the City continues to obtain quality improvements, materials testing, geotechnical
engineering, and special inspection services are needed for projects built with both public and
private funds. On July 8, 2005, an RFP was issued for such services. Several proposals were
received and through the consultant selection processes for this service, staff has negotiated
proposed contracts with the following:
a. Ninyo & Moore Geotechnical & Environmental Sciences Consultants
b. Mactec Engineering and Consulting, Inc.
c. Southern California Soil & Testing, Inc.
d. Kleinfelder, Inc.
These companies will provide on-call Materials Testing, Geotechnical and Building Special
Inspection Consulting Services from January I, 2006 to December 31, 2008, with options to
extend the agreements for two additional years without going through the Consultant selection
process as outlined in the City's Municipal Code.
RECOMMENDATION: That the City CounciJ. approve the agreements between the City and:
(a) Ninyo & Moore Geotechnical & Environmental Sciences Consultants, (b) Mactec
Engineering and Consulting, Inc., (c) Southern California Soil & Testing, Inc., and (d)
Kleinfelder, Inc. to provide on-call materials testing, geotechnical and building special
inspection consulting cervices required for various capital improvement projects (CIP) or other
City projects and authorizing the Mayor to execute said Agreements on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
6-1
Page 2, Item
Meeting Date 12/20/05
DISCUSSION:
The construction of public works infrastructure improvements requires the use of quality
materials and construction methods to assure their longevity and usefulness. In order to verify
that materials used in City projects meet the City's specifications, certifications are obtained from
manufacturers and material suppliers and supplemental testing is required on a project-by-project
basis. Geotechnical analysis is often required to aid in the design and construction processes
and, ultimately, to avoid costly construction changes due to unknown subsurface soil conditions.
Specialized inspection requiring ICBO certification is required by the Building Department for
various building components to assure proper construction methods and materials are utilized.
.
The City does not have the staff or the equipment to perform this highly specialized testing,
engineering, and inspection work. In order to perform this work in-house, the City would be
required to purchase very expensive equipment and materials and would need to hire four to six
full-time personnel certified and qualified to perform highly-specialized building component
inspections, to operate a laboratory, and to perform field testing and sampling in a timely and
efficient manner. Further, the laboratory and field operations would have to be overseen at least
part-time by a Registered Professional Engineer with laboratory experience, who would also be
required to review, sign, and certify all test reports. Therefore, it is much .more practical and
feasible to hire consultants on an as-needed basis. Staff recommends entering into agreements
with the Consultants stated above based upon the large volume and scope of upcoming City
infrastructure and building projects. The services to be provided by the consultants have been
obtained from various consultants since about 1990 and have increased the City's ability to
assure the use of quality materials in its projects.
Consultant Selection Process
Per the consultant selection procedures, as outlined in the City's Municipal Code, a Request for
Proposal (RFP) was issued. Six responses to the RFP were received on July 28th from the
following consultants:
.
Southern California Soil & Testing - San Diego, CA
Ninyo & Moore - San Diego, CA
Kleinfelder, Inc. - San Diego, CA
Testing Engineers - San Diego, Inc. - San Diego, CA
GeoTech - Vista, CA
MacTec - San Diego, CA
A Selection Committee was formed which was comprised of the following City personnel:
Jim Biasi, Sr. Civil Engineer (public Works Operations)
Gordon Day, Sr. Building Project Manager (General Services)
Roberto Yano, Sr. Civil Engineer (General Services)
Shawn Ahlin, Sr. Building Inspector (Planning and Building)
6-2
Page 3, Item
Meeting Date 12/20/05
The committee evaluated and rated Consultants based on their proposals and oral interviews.
The following are the results of the Selection Committee's analysis in final rank order:
1. Southern California Soil & Testing
2. Ninyo & Moore
3. MacTec
4. Kleinfelder, Inc.
Agreement - Scope of ServicesIFees/Term
The extent of these services will be determined on a project-by-project basis and will cover
public projects and, on occasion, private projects in which the results of laboratory tests
submitted by developers and contractors must be independently verified. The fees for these
services will be based on standard schedules of fees. Overall personnel rates and materials
testing fees are comparable for the majority of the services that will be required during the terms
of the agreements (See exhibits B, C, D, E for rates)
A warding contracts to all selected Consultants will allow City staff to obtain the best budget
proposals for any type ofproject. Staff estimates that during the initial term of the contract, each
consultant will provide materials testing and geotechnical engineering services on an intermittent
basis at a cost not-to-exceed $750,000 per consultant. Since all services are provided on an on-
call, as-needed basis, the total compensation will be controlled by the actual services needed, and
as determined by the City's Project.
Each of the proposed agreements includes provisions for a two-year extension of the agreement
(January 1, 2008 to December 31, 2009) by mutual consent of both parties, which would include
the possible renegotiation of fees. If the consultants' work continues to be satisfactory and staff is
able to reach agreement with all of the consultants on terms for a proposed extension, then staff
will return to Council at the appropriate time in the future for approval to extend said agreement
for two additional years.
Environmental Impact
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 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
FISCAL IMPACT: The approval of tonight's resolution will not authorize the expenditure of
any additional funds. All funding for the consultants' service will be from funds already allocated
for CIP projects or would be reimbursable to the City from Developer deposits. While there is
no direct impact to the general fund presently, there does exist the possibility that a CIP that is all
or partly funded from the general fund could utilize the services contemplated by these contracts
and thus causing a general fund impact.
M:\General Services\GS Administration\Council Agenda\Materials Testing Consultants\A113-material testing agreements rev 1 12905.doc
6-3
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENTS BETWEEN THE CITY AND (A) NINYO &
MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES
CONSULTANTS, (B) MACTEC ENGINEERING AND CONSULTING, INC.,
(C) SOUTHERN CALIFORNIA SOIL & TESTING, INe. AND (D)
KLEINFELDER, INe. TO PROVIDE ON-CALL MATERIALS TESTING,
GEOTECHNICAL AND BUILDING SPECIAL INSPECTION CONSULTING
SERVICES REQUIRED FOR VARIOUS CAPITAL IMPROVEMENT
PROJECTS (CIP) OR OTHER CITY PROJECTS AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENTS ON BEHALF OF THE CITY
WHEREAS, in an effort to ensure that the City continues to obtain quality public
improvements, materials testing, geotechnical engineering, and special inspection services are
needed for projects built with both public and private funds; and
WHEREAS, the City does not have the staff or the equipment to perform this highly
specialized testing, engineering, and inspection work; and
WHEREAS, on July 8, 2005, a Request for Proposals (RFP) was issued for such services
and six proposals were received; and
WHEREAS, a Selection Committee evaluated and rated Consultants based on their
proposals and interviews and the results of the Selection Committee's analysis in final rank order
were as follows:
1. Southern California Soil & Testing
2. Ninyo & Moore
3. MacTec
4. Kleinfelder, Inc.; and
WHEREAS, the extent of these services will be determined on a project-by-project basis
and will cover public projects and, on occasion, private projects in which the results of
laboratory tests submitted by developers and contractors must be independently verified; and
WHEREAS, awarding contracts to all selected Consultants will allow City staff to obtain
the best budget proposals for any type ofproject; and
WHEREAS, each of the proposed agreements includes provisions for a two-year
extension of the agreement (January 1, 2008 to December 31, 2009) by mutual consent of both
parties, which would include the possible renegotiation of fees; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
6-4
the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve agreements between the City of Chula Vista and (a) Ninyo & Moore
Geotechnical & Environmental Sciences Consultants, (b) Mactec Engineering and Consulting,
Inc., (c) Southern California Soil & Testing, Inc. and (d) Kleinfelder, Inc. to provide on-call
materials testing, geotechnical and building special inspection consulting services required for
various capital improvement projects (ClP) or other City projects.
BE IT FURTHER resolved, the Mayor of the City ofChula Vista is authorized to execute
said agreements on behalf of the City
Presented by
Approved as to form by
Jack Griffin
Director of General Services
oore
Ci Attorney
6-5
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
Ann'Moore
City Attorney
Dated: 12/12/05
AGREEMENT WITH NINYO & MOORE GEOTECHNICAL &
ENVIRONMENTAL SCIENCES CONSULTANTS FOR
VARIOUS CAPITAL IMPROVEMENT PROJECTS
6-6
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Ninyo & Moore Geotechnical & Environmental Sciences Consultants,
To conduct on call Materials Testing, Geotechnical and Building Special Inspection
Consulting Services
This agreement (" Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in Exhibit
A, Paragraph I is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business fonn is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business fonn is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the City has a Capital Improvement Program (CIP) for various locations in the
City; and,
WHEREAS, the City has the need for on call Materials Testing, Geotechnical and Building
Special Inspection Consulting Services during said programs projects' design and construction
phases; and,
WHEREAS, A Request for Qualifications (RFQ) was issued with a due date of July 28,
2005; and,
WHEREAS, on said date, the City ofChula Vista received six (6) statement of qualifications
(SOQ) from finns interested in providing said consultant services; and,
WHEREAS, after the City completed their review of the SOQs and proceeded with the
interview process for all six finns, the City selected Ninyo & Moore Geotechnical & Environmental
Sciences Consultants, as one of four Consultant to provide the services necessary; and,
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can deliver the services required of Consultant to City within the time
frames herein provided all in accordance with the tenns and conditions ofthis Agreement;
Page I
6-7
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
I. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time ITames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time ITames set forth therein, time being of the essence of this agreement.
The General Duties and the work and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to complete the Defined Services by the
times indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request ITom Consultant, ITom time to time reduce the
Defmed Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Services"), and
upon doing so in writing, ifthey are within the scope of services offered by Consultant, Consultant
shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in
Exhibit A, Paragraph II (C), unless a separate fixed fee is otherwise agreed upon. All compensation
for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
Page 2
6-8
exercised by members ofthe profession currently practicing under similar conditions and in similar
locations.
F. Insurance
Consultant represents that it and its agents, staff and sub consultants employed by it in
connection with the Services required to be rendered, are protected against the risk ofloss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in
the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same manner as members of the
general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(I) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating
same, which shall be reviewed and approved by the Risk Manager.
H. Security for Performance.
Page 3
6-9
(1) Perfonnance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Perfonnance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Perfonnance Bond"), then Consultant
shall provide to the City a perfonnance bond in the fonn prescribed by the City and by
such sureties which are authorized to transact such business in the State of California,
listed as approved by the United States Department of Treasury Circular 570,
http://www.fms.treas.gov/c570. and whose underwriting limitation is sufficient to issue
bonds in the amount required by the agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Proj ect is located to issue bonds for the lirnits
so required. Fonn must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the tenn, "Perfonnance Bond", in said
Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit callable by the City at their
unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the tenns of this Agreement. The letter of
credit shall be issued by a bank, and be in a fonn and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the tenn,
"Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Perfonnance Bond or a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the subparagraph entitled
"Other Security"), then Consultant shall provide to the City such other security therein
listed in a fonn and amount satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
Page 4
6-10
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement. The City shall permit access to its office facilities, files and records
by Consultant throughout the term ofthe agreement. In addition thereto, City agrees to provide the
information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly,
on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for
all services rendered by Consultant according to the terms and conditions set forth in Exhibit A,
Paragraph II, adj acent to the governing compensation relationship indicated by a "checkmark" next
to the appropriate arrangement, subj ect to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and
shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent them
in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
Page 5
6-11
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of the
time specified for the completion ofthe respective work assigrunent or Deliverable, the consultant
shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect of
delays to the work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required Statement
of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
. C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Page 6
6-12
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant leams
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subject matter of the
Defined Services, or in any property within 2 radial miles ITOm the exterior boundaries of any
property which may be the subject matter ofthe Defined Services, ("Prohibited Interest"), other than
as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that maybe made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term.ofthis Agreement, or for 12 months after the expiration ofthis Agreement, except
with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
third party which may be in conflict with Consultant's responsibilities under this Agreement, except
with the written permission of City.
7. Hold Harmless
Page 7
6-13
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed
officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) arising out of or alleged by third parties to be the result
of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legally responsible in connection with the execution of the work covered by this Agreement, except
only for those claims, damages, liability, costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees.
Also covered is liability arising from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions of the City, its agents, officers, or employees which may
be in combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant shall
defend, indemnify, protect and hold harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability, cost and expense (including without
limitation attorneys fees) except for those claims arising from the negligence or willful misconduct
of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability
incurred by the
City, its officers, agents or employees in defending against such claims, whether the same proceed to
judgment or not. Consultant's obligations under this Section shall not be limited by any prior or
subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive
the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects and engineers),
the following indemnification provisions should be utilized:
I. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by the
acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of
any services performed involving this project, except liability for Professional Services covered
under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City,
its agents, officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent acts or
omissions ofthe City, its agents, officers, or employees which maybe in combination with the active
or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any
third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any
claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents,
Page 8
6-14
officers or employees. This section in no way alters, affects or modifies the Consultant's obligation
and duties under Section Exhibit A to this Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project, the
Consultant agrees to indemnify, defend and hold hannless the City, its agents, officers and
employees from and against any and all liability, claims, costs, and damages, including but not
limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or
indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees,
agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any
claims or liability arising from the negligence or willful misconduct of the City, its agents, officers
and employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any ofthe covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereof at
least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared
by Consultant shall, at the option of the City, become the property of the City, and Consultant shall
be entitled to receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence, errors, or
omissions in the performance of work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions ofthis agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become City's
sole and exclusive property. Ifthe Agreement is terminated by City as provided in this paragraph,
Page 9
6-15
Consultant shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation arising under
this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 17 to the sub consultants identified thereat as "Permitted Sub consultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any such reports, studies,data, statistics,
forms or other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant
and any of the Consultant's agents, employees or representatives are, for all purposes under this
Agreement, an independent contractor and shall not be deemed to be an employee of City, and none
of them shall be entitled to any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold
the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has fust been presented in writing and filed with the City and acted upon by the City in
Page 10
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accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may from time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the implementation of
same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to ajudgrnent against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who
is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause the
inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all
contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served ifpersonally served or deposited in the United States
Page 11
6-17
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified herein as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement, and that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State ofCalifomia, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula Vista.
[end of page. next page is signature page.]
Page 12
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12/14/2005 08:31
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NINYO AND MOORE PAGE 02/02
Signature Page
to
Agreement between City of Chula Vista and Ninyo & Moore Geotechnical & Environmental
Sciences ConsultaIlts,
To conduct on ca11 Materials Testing, Geotechnical and Building Special Inspection
Consulting Services
IN 'WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to
its terms: .
Ninyo & Moore Geotechnical
& Environmental Sciences
Consultants
CITY OF CHULA VISTA
By:
Stephen C. Padilla, Mayor
8Y:~/~~
MarK Cuthbert, P.E.
Principal Engineer
A TrEST:
Susan Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attorney
Exhibit List to Agreement
(X) Exhibit A.
(X) Exhibit B.
Page 13
6-19
Exhibit A
to
Agreement between
City of Chula Vista
and
Ninyo & Moore Geotechnical & Environmental Sciences Consultants,
To conduct on call Materials Testing, Geotechnical and Building Special Inspection
Consulting Services
1. Effective Date of Agreement: Same as approved
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation ofthe State of California
() Redevelopment Agency of the City ofChula Vista, a political subdivision of the
State of California
() Industrial Development Authority of the City ofChula Vista, a
()
Other:
form]
, a [insert business
3. Place of Business for City:
City of Chula Vista,
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
4. Consultant:
Ninyo & Moore
Geotechnical & Environmental Sciences Consultants
5710 Ruffm Road
San Diego CA 92123-1013
Page 14
6-20
5. Business Fonn of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
5710 Ruffin Road
San Diego CA 92123-1013
Voice Phone (858) 576-1000
Fax Phone (858) 974-6989
7. General Duties:
Consultant shall provide Materials Testing, Geotechnical and Building Special Inspection
Consulting Services at the direction and to the satisfaction ofthe Director of General Services at
construction sites and facilities designated by the City of Chula Vista.
The Consultant shall provide:
A. Materials testing laboratory facilities staffed with personnel qualified to
perfonn sampling arid testing of portland cement concrete, soils, treated
soils, crushed aggregate base, bituminous materials, and other building materials, as
required.
The materials testing laboratory must have a documented Quality Assurance
Program (QAP) in confonnance with Chapter 16 ofthe CALTRANS Local
Assistance Procedures Manual. The Consultant shall also provide a copy of the
QAP on a yearly basis.
B. Geotechnical/soil engineering services for City-funded projects during
earthwork construction operations, including geotechnicaVsoils engineering
observations during site preparation for placement of fill and construction of
sub-drainage systems.
C. Personnel that are experienced in the testing of materials used in the
construction of public works facilities and familiar with the San Diego Area
Regional Standard Drawings, the Green Book and Chapter 17 of the 2001 California
Building Code. The City shall have the right to make a determination as to the
qualifications of individual personnel and shall have the right to require substitution of
non-qualified individuals with qualified personnel at any time. Personal assigned to City
Of Chula Vista projects shall obtain approval from the City on an annual basis.
Page 15
6-21
The Consultant's QAP must include procedures and policies in which
personnel are certified to perform the materials testing and sampling
requested by City.
D. Materials Testing, Geotechnical and Building Special Inspection
Consulting Services in response to the City's request at the times and locations as
determined by the Director of General Services. The City shall make requests for services
with 24 hours notice.
E. A documented internal laboratory QAP for all required laboratory
analyses and procedures. All reference standards and equipment calibrations shall be
traceable to the National Institute of Standards and Technology.
F. Assurances that all samples are logged and traceable in personal, lab, times, tests, results
and disposal.
G. Assurances that all instruments and devices to be utilized in field and laboratory
analyses are properly maintained and calibrated in accordance with the
Consultant's QAP.
H. Provide the City of Chula Vista with all original data, reports, records, etc. of
field and laboratory analyses, as well as certified copies of all calibration and
maintenance records on an annual basis. Further, the Consultant shall maintain
copies of all records related to field and laboratory testing performed under the
contract for a minimum of five years from the date of the sample, easurement,
report, etc. This period may be extended during the course of any
unresolved litigation or when requested by the City of Chula Vista.
1. Billing forms and procedures used shall be acceptable to the City and shall include all test
results reports billed during that period.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
1. Materials Testing
The Consultant shall perform the required materials, soils, sampling, and inspection in
accordance with test methods and standards established by the American Society for
Testing and Materials (ASTM), the State of California Department of Transportation
(CalTrans), and the Environmental Protection Agency (EPA), as specified by the
16
6-22
Director of General Services. Subject to the provisions of section 11 below, the work shall be
paid for on an hourly and unit price per test basis, which shall include all costs such as
testing, reports, report review, storing of specimens, and test cylinders, as listed in the fee
schedule (Exhibit B)
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City proj ects
during earthwork construction operations that the Director of General Services detennines are
necessary to meet finished grades shown on the plans and cross-sections. Consultant shall
provide geotechnical engineering observation during site preparation for placement of fill and
construction of subdrains. Consultant shall make recommendations regarding the removal
of unsuitable material for fills and methods of compaction based on previous geotechnical
investigations and Consultant's observations. For test results that failed, Consultant shall provide
analysis of the failure and a recommendation of possible solutions in the signed and stamped
report. On test that passed, Consultant shall state so in the signed and stamped report provided to
the City. Said reports shall include the appropriate specification next to the test results.
Consultant's services will be on an as-needed basis. Subject to the provisions in section 11 below,
payment shall be on an hourly and unit paid per test basis for each City.
III. Building Special Inspection
The Consultant shall perfonn the required Building Special Inspection services
inspection as directed by the City of Chula Vista in accordance with test methods and
standards established by the American Society for Testing and Materials (ASTM),
Chapter 17 of the 2001 California Building Code, the State of California Department of
Transportation (CaITrans), and the Environmental Protection Agency (EP A), as specified
by the Director of General Services. The work shall be paid for on an hourly and unit
price per test basis. Subject to the provision in section 11 below, the price per test shall include
all associated costs such as testing, reports, report review, storing of specimens, and test
cylinders, as listed in the fee schedule (Exhibit B)
N. Accounting and Billings
Consultant shall provide separate invoices for each City proj ect identified.
Every invoice will list all work perfonned on proj ecl. Invoice shall show total amount billed
to date for project, payments received, and amount due. All work elements shall be
itemized, i.e. tests perfonned, personnel chargeslhours, equipment costs, etc. All re-test shall be
identified and explained on the invoice. City shall be billed within four (4) weeks of work
perfonnance and shall include all test results reports billed during that period.
17
6-23
Consultant shall only be paid for work done at the request of the City. If additional work is
requested by others, Consultant shall obtain a verbal authorization from the City. In addition, the
Consultant shall include on respective invoice the following documentation for said additional
work: l)who requested the work, 2)who approved the work, 3)date of work, 4)who performed
the work and 5)Time in and out. 6)total of exact hours worked
The Consultant shall forfeit and will not receive payment for work performed and billed to
City more than sixty (60) calendar days after performance of work.
V. Personnel
Mr. Mark Cuthbert, P.E. shall serve as Project Manager and single point of
contact for the City. The City shall reserve the right of refusing personnel assigned to a
proj ect by the Consultant.
VI. Reports
Consultant shall provide City with written reports on test results within 3-
working days after completion of test results. Test results are to be faxed to FAX number
directed by the City as soon as final test results are available.
VII. Conflict of Interest
Consultant shall not retain any clients who are doing work under permits
or contractual agreements with the City of Chula Vista unless otherwise approved in writing by
Director of General Services.
IX. Work not listed in Schedule
If an occasion arises whereby the City requests work to be done which is not
listed in this schedule, the price of providing this work shall be negotiated in good faith
between the City and the Consultant. The negotiated price(s) shall not exceed the
Schedule of Charges labeled as Exhibit B to this agreement between the City and
Consultant.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver abIes:
Deliverable No.1:
Deliverable No.2:
18
6-24
Deliverable No.3:
D. Date for completion of all Consultant services: December 31, 2008. City has the
option to extend this agreement for up to two additional years. Said extension shall be by mutual
agreement between City and Consultant with out going through the City's Consultant selection
process as outlined in the City's Municipal Code. The City Contract Administrator shall give
notice of election to extend this agreement by sending notice by letter to Consultant not later than
three months prior to expiration of the term.
9. Insurance Requirements:
1. General Liability:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, either the general aggregate limit
must apply separately to this project/location or the general
aggregate limit must be tWce the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
4. Professional Liability or $ 500,000.00 each occurrence
Errors & Omissions Liability: $1,000,000 policy aggregate
10. Materials Required to be Supplied by City to Consultant: None
II. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall pay a
single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth
below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
19
6-25
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the
compensation due for each phase on a percentage of completion basis for each given phase such
that, at the end of each phase only the compensation for that phase has been paid. Any payments
made hereunder shall be considered as interest free loans which must be returned to the City if
the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall
receive credit against the compensation due for that phase. The retention amount or percentage
set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the
phase, the full retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the
Contracts Administrator designated herein by the City, or such other person as the City Manager
shall designate, but only upon such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the Contractor shall have represented
in writing that said percentage of completion ofthe phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to a time and
materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant
shall not commence Services under any Phase, and shall not be entitled to the compensation
for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
( ) I. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
20
6-26
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defmed Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein required of Consultant for $xxxx
including all Materials, and other "reimbursable" ("Maximum Compensation").
(2) ( x ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ 750,000 ("Authorization Limit"), Consultant shall not be entitled to any additional
compensation without further authorization issued in writing and approved by the
City. Nothing herein shall preclude Consultant from providing additional Services at
Consultant's own cost and expense. See Exhibit B for wage rates.
() Hourly rates may increase by 6% for services rendered after xxx if delay in
providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
() None, the compensation includes all costs.
21
6-27
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
(x) Outside Services:
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
Cost Plus 15%
(x)
Other Actual Identifiable
City- Approved Direct Costs:
Cost Plus 15%
13. Contract Administrators:
City: Roberto Yano, Sr. Civil Engineer
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
Telephone: (619) 397-6217
Fax: (619) 397-6250
Consultant: Mark Cuthbert, P.E.
Ninyo & Moore
Geotechnical & EnvirollRlental Sciences Consultants
5710 Ruffin Road
San Diego CA 92123-1013
Voice Phone (858) 576-1000
Fax Phone (858) 974-6989
14. Liquidated Damages Rate:
( ) $_perday.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
22
6~28
.
( ) Category No. 1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No. 3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale of
real property.
( ) Category NO.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( ) Category No.7. Business positions.
( ) List hConsultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Sub consultants:
18 Bill Processing:
A Consultant's Billing to be submitted for the following period oftime:
23
6-29
(X) Monthly
( ) Quarterly
( ) Other:
B Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C City's Account Number: Varies Project-by-Project
19 Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shal! be entitled to
retain, at their option, either the fol!owing "Retention Percentage" or "Retention Amount" until
the City determines that the Retention Release Event, listed below, has occurred:
( ) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of AI! Consultant Services
( ) Other: Completion and Delivery of Final Reports to the satisfaction ofthe
Director of General Services
24
6-30
Exhibit B
SCHEDULE OF FEES FOR LABORATORY TESTING
Laboratory Test, Test Desi!mation, and Price Per Test
Triaxial Shear, C.D., three points, CT230......................................$350
Triaxial Shear, C.U., three points, D 4767, CT 230 .......................$325
Triaxial Shear, U.U., one point, D 2850, CT 230...........................$125
Unconfined Compression, D 2166, CT 221 ................................... $160
Wax Density, D 1188.......................................................................$75
Soil.
Atterberg Limits, D 4318, CT 204...................................................$125
California Bearing Ratio (CBR), D 1883........................................$350
Chloride and Sulfate Content, CT 417 & CT 422..........................$100
Consolidation, D 2435, CT 219 .......................................................$200
Consolidation - Time Rate, D 2435, CT 219..................................$50
Direct Shear- Undisturbed, D 3080, CT 222.................................$200
Direct Shear- Remolded, D 3080, CT 222....................................$250
Durability Index, CT 229..................................................................$140
Expansion Index, D 4829, UBC 18-2..............................................$140
Expansion Potential (Method A), D 4546.......................................$130
Expansive Pressure (Method C), D 4546........................................$130
Geofabric Tensile and Elongation Test, D 4632 .............................$150
Hydraulic Conductivity, D 5084......................................................$250
Hydrometer Analysis, D 422, CT 203 .............................................$140
Double Hydrometer Analysis, D 422, CT 203 ................................$270
Maximum Density D 1557, D 698, CT216, &AASHTOT-180.$150
(Rock corrections add $65)
Moisture, Ash, & Organic Matter of Peat/Organic Soils................$90
Moisture Only, D 2216, CT 226......................................................$18
Moisture and Density, D 2937 .........................................................$30
Permeability, CH, D 2434, CT 220 .................................................$200
pH and Resistivity, CT 643 ..............................................................$95
R-value, D 2844, CT 301.................................................................$215
Sand Equivalent, D 2419, CT 217 ...................................................$80
Sieve Analysis, D 422, CT 202 ........................................................$95
Sieve Analysis, 200 Wash, D 1140, CT 202...................................$75
Specific Gravity, D 854....................................................................$75
Concrete
Cement Analysis Chemical and Physical, C 109..........................$
Compression Tests, 6xl2 Cylinder, C 39......................................$
Concrete Mix Design Review, Job Spec ...................,...................$
Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............$
Concrete Cores, Compression (excludes sampling), C 42 ...........$
Drying Shrinkage, C 157................................................................$
Flexural Test, C 78..........................................................................$
Flexural Test, C 293........................................................................$
Flexural Test, CT 523 .....................................................................$
Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI $
Jobsite Testing Laboratory .............................................................
Lightweight Concrete Fill, Compression, C 495 ..........................$
Petrographic Analysis, C 856.........................................................$
Splitting Tensile Strength, C 496 ................................................... $
Reinforcinl! and Structural Steel
Fireproofing Density Test, UBC 7-6 ............................................. $
Hardness Test, Rockwell, A-370 ................................................... $
High Strength Bolt, Nut & Washer Conformance, set, A-32 $
Mechanically Spliced Reinforcing Tensile Test, ACI..................$
Pre-Stress Strand (7 wire), A 416 ..................................................$
Chemical Analysis, A-36, A-615 ................................................... $
Reinforcing Tensile or Bend up to No. 11, A615 & A 706 .......$
Structural Steel Tensile Test: Up to 200,000 lb..
(machining extra), A 370..............................................................$
Welded Reinforcing Tensile Test: Up to No. II bars, ACI..........$
1,500
19
125
650
40
200
40
45
50
190
Quote
30
1,000
65
50
40
100
80
125
100
42
Roofine
Built-up Roofing, cut-out samples, D 2829 ....................................$150
Roofing Matetials Analysis, D 2829 ...............................................$450
Roofing Tile Absorption, (set of5), UBC 15-5..............................$150
Roofing Tile Strength Test, (set of5), UBC 15-5...........................$150
Masonrv
Brick Absorption, 24-hour submersion, C 67.................................$35
Brick Absorption, 5-hour boiling, C 67 ..........................................$48
Brick Absorption, 7-day, C 67......................................................... $53
Brick Compression Test, C 67.........................................................$34
Brick EftIorescence, C 67 ................................................................$34
Brick Modulus of Rupture, C 67 .....................................................$34
Brick Moisture as received, C 67.....................................................$28
Btick Saturation Coefficient, C 67...................................................$44
Concrete Block Compression Test, 8x8x16, C 140........................$39
Concrete Block Conformance Package, C 90.................................$350
Concrete Block Linear Sbririkage, C 426........................................$100
Concrete Block Unit Weight and Absorption, C 140.....................$50
Cores, Compression or Shear Bond, CA Code...............................$34
Masonry Grout, 3x3x6 prism compression, UBC 21-18...............$19
Masonry Mortar, 2x4 cylinder compression, UBC 21-16..............$19
Masonry Prism, half size, compression, UBC 21-17......................$90
Asohalt Concrete
Asphalt Mix Design, Caltrans........................................................ $ 2,000
Asphalt Mix Design Review, Job Spec......................................... $ 135
Extraction, % Asphalt, including Gradation, D 2172, CT310.... $ 190
Filin Stripping, CT 302 .................................................................. $ 80
Hveem Stability and Unit Weight CTM or ASTM, CT 366....... $ 170
Marshall Stability, Flow and Unit Weight, T-245 ........................ $ 190
Maximum Theoretical Unit Weight, D 2041................................ $ 90
Swell, CT 305 ................................................................................. $ 150
Unit Weight sample or core, D 2726, CT 308 .............................. $ 75
52
46
Al!l!re2'ates
Absorption, Coarse, C 127............................................................. $ 25
Absorption, Fine, C 128................................................................. $ 25
Clay Lumps and Friable Particles, C 142...................................... $ 95
Cleanness Value, CT227............................................................... $ 110
Crushed Particles, CT 205 ............................................................. $ 130
Durability, Coarse, CT 229 ............................................................ $ 120
Durability, Fine, CT 229 ................................................................ $ 120
Los Angeles Abrasion, C 131 or C 535 ........................................ $ 165
Mortar making properties offine aggregate, C 87........................ $ 245
Organic Impurities, C 40................................................................ $ 50
Potential Reactivity of Aggregate (Chemical Method), C 289$..350
Sand Equivalent, CT 217............................................................... $ 80
Sieve Analysis, Coarse Aggregate, C 136..................................... $ 95
Sieve Analysis, Fine Aggregate (including wash), C 136............ $ 95
Sodium Sulfate Soundness (per size ftaction), C 88 .................... $ 145
Specific Gravity, Coarse, C 127..................................................... $ 65
Specific Gravity, Fine, C 128......................................................... $ 75
6-31
Exhibit B
NON-PREVALING WAGE RATES
Pnncipal Engineer/GeologisUEnvironmental Scientist .................................................................................................................................. $ 139
Senior Engineer/GeologisUEnvironmental SCientist...................................................................................................................................... $ 133
Senior Project Engineer/GeologisUEnvironmental Scientist ......................................................................................................................... $ 127
Project Engineer/GeologisUEnvironmental Scientist..................................................................................................................................... $ 123
Senior Staff En9ineer/Geol09isUEnvironmental Scientist ............................................................................................................................. $ 109
Staff En9ineer/GeologisUEnvironmentai Scientist ......................................................................................................................................... $ 96
IS/GIS Specialist............................................................................................................................................................................................. $ 96
Field Operations Manager.............................................................................................................................................................................. $ 85
Supervisory Technician .................................................................................................................................................................................. $ 85
Nondestructive Examination Technician, UT, MT, LP................................................................................................................................... $ 85
Pull Test Technician and Equipment ............................................................................................................................................................. $ 85
Senior ReidlLaboratory Technician ............................................................................................................................................................... $ 69
FieldlLaboratory Technician................ ...................................... .......... ........................ ............................ .................. ...... .......... .......... ..... ...... $ 69
ACI Concrete Technician ............................................................................................................................................................................... $ 69
Concrete/Asphalt Batch Plant inspecior ........................................................................................................................................................ $ 69
Special Inspector, Reinforced Concrete ........................................................................................................................................................ $ 69
Speciallnspecior, Pre-stressed Concrete ..................................................................................................................................................... $ 69
Special Inspector, Reinforced Masonry ......................................................................................................................................................... $ 69
Special Inspector, Structural Steel................................................................................................................................................................. $ 69
Speciallnspecior, Weidin9, AWS .................................................................................................................................................................. $ 69
Special Inspector, Rreproofing....................................................................................................................................................................... $ 69
T echnicai Illustrator/CAD Operator ................................................................................................................................................................ $ 69
Geotechnical/EnvironmentallLaboratory Assistant........................................................................................................................................ $ 53
Information Specialist..................................................................................................................................................................................... $ 52
Data Processing, Technical Editino, or Reprocuction ................................................................................................................................... $ 44
Conng Machine Usage (includes technician)
Special Preparation of Standard Test Specimens
Steel and Concrete Specimen Pickup
Inclinometer Usage
Vapor Emission Kits
Rebar Locator (Pachometer)
Direct Project Expenses
Laborato testin, eo h sical
uest.
$ 105lhr
$ 64lhr
$ 69/tJip
$ 32lhr
$ 30l1<it
$ 10lhr
Cost pius 15 %
6-32
Exhibit B
PREVALING WAGE RATES
Principal Engineer/GeologisUEnvironmental Scientist.................................................................................................................................. $ 139
Senior Engineer/GeologisUEnvironmental Scientist...................................................................................................................................... $ 133
Senior Project Engineer/GeologisUEnvironmental Scientist ......................................................................................................................... $ 121
Project Engineer/GeologisUEnvironmental Scientist..................................................................................................................................... $ 123
Seriior Staff Engineer/GeologisUEnvironmental Scientist .................................................................................................. ........................... $ 109
Staff Engineer/GeologisUEnvironmental SCientist......................................................................................................................................... $ 96
ISIGISSpecialist.............................................................................................................................................................................................$96
Field Operations Manager.............................................................................................................................................................................. $ 85
Supervisol'j T echnician................................................................ .................................................................................................................. $ 85
Nondestructive Examination Technician, UT, MT, LP................................................................................................................................... $ 85
Pull Test Technician and Equipment ........... ...... ................................................... .............. .......... ................................................................. $ 85
Senior Field/Laboratol'j Technician .............................................................................................. ......... ........................................................ $ 71
FieldlLaboratol'j T echnician........................................................................................................................................................................... $ 71
ACI Concrete Technician ...................................................................................................... ......................................................................... $ 71
Concrete/Asphalt Batch Plant Inspector ........................................................... ............................................................................................. $ 71
Special Inspector, Reinforced Concrete ...................................................................... ................................................................................. $ 71
Special Inspector, Pre-stressed Concrete ....................................... .................... ................................................................................. $ 71
Speciallnspeetor, Reinforced Masonl'j ....................................................................... ................................................................................. $ 71
Special Inspector, Structural Steel.................... ...... ..................................... ............... ................ ....................................................... .......... $ 71
Special Inspector, Welding, A WS ........................ ........................................................................ ...... ............................... ............................ $ 71
Special Inspector, Fireproofing................................ .................................................... .. .............................. ................................................. $ 71
T echnicallllustrator/CAD Operator ................................................................................................................................................................ $ 69
GeotechnicallEnvironmentaVLaboratol'j Assistanl........................................................................................................................................ $ 53
IntonnationSpecialist.....................................................................................................................................................................................$52
Data Processing, Technical Editing, or Reproduction .................................................................................... .. ............................................ $ 44
Coring Machine Usage (includes technician)
Special Preparation of Standard Test Specimens
Sleel and Concrete Specimen Pickup
Inclinometer Usage
Vapor Emission Kits
Rebar Locator (Pachometer)
Direct Project Expenses
Laborato testin, eo h sical
$ 105/hr
$ 64/hr
$ 71/trip
$ 32/hr
$ 30IKit
$ 10/hr
Cost plus 15 %
6-33
For field and laboratory technicians and special inspectors, regular hourly rates are charged during
normal weekday construction hours (7am to 5pm). Overtime rates at 1.5 times the regular rates will
be charged for work performed outside normal construction hours and all day on Saturdays and
Sundays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day
or on holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a
2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and
an 8-hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. The
personnel and laboratory rates shall apply for the life of the contract, except personnel subject
to prevailing wages as they will be subject to increases as dermed by the California Labor Code
plus a 1.6 factor and a $10.00 per hour equipment charge for NDE only. Our rates will be
adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the
contract. Other fees for services will not change without mutual agreement between the City and
Ninyo & Moore for the life of the contract. They reflect all costs related to personnel, required
equipment, and vehicle and insurance requirements.
6-34
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
Ann Moore
City Attorney
Dated: 12/12/05
AGREEMENT WITH MACTEC ENGINEERING AND CONSULTING,
INC. FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
6-35
Parties and Recital Page( s)
Agreement between
City of Chula Vista
and
Mactec Engineering and Consulting, Inc.
To conduct on call Materials Testing, Geotechnical and Building Special Inspection
Consulting Services
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in Exhibit
A, Paragraph I is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business fonn is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business fonn is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the City has a Capital Improvement Program (CIP) for various locations in the
City; and,
WHEREAS, the City has the need for on call Materials Testing, Geotechnical and Building
Special Inspection Consulting Services during said programs projects' design and construction
phases; and,
WHEREAS, A Request for Qualifications (RFQ) was issued with a due date of July 28,
2005; and,
WHEREAS, on said date, the City ofChula Vista received six (6) statement of qualifications
(SOQ) from finns interested in providing said consultant services; and,
WHEREAS, after the City completed their review of the SOQs and proceded with the
interview process for all six finns, the City selected Mactec Engineering and Consulting, Inc., as one
of four Consultant to provide the services necessary; and,
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can deliver the services required of Consultant to City within the time
frames herein provided all in accordance with the tenns and conditions of this Agreement;
6-36
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement.
The General Duties and the work and deliverables required in the Scope ofW ork and Schedule shall
be herein referred to as the "Defiried Services". Failure to complete the Defmed Services by the
times indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defmed Services ("Additional Services"), and
upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant
shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in
Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation
for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
6-37
exercised by members of the profession currently practicing under similar conditions and in similar
locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of" A, Class V" or better, or shall
meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in
the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same manner as members of the
general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies. may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating
same, which shall be reviewed and approved by the Risk Manager.
H. Security for Performance.
6-38
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond in the form prescribed by the City and by
such sureties which are authorized to transact such business in the State of California,
listed as approved by the United States Department of Treasury Circular 570,
http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond", in said
Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit callable by the City at their
unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the subparagraph entitled
"Other Security"), then Consultant shall provide to the City such other security therein
listed in a form and amount satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
6-39
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement. The City shall permit access to its office facilities, files and records
by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the
information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly,
on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for
all services rendered by Consultant according to the terms and conditions set forth in Exhibit A,
Paragraph II, adjacent to the governing compensation relationship indicated by a "checkmark" next
to the appropriate arrangement, subj ect to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and
shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each PartY designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said PartY to represent them
in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
6-40
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of the
time specified for the completion of the respective work assigmnent or Deliverable, the consultant
shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration ofthe specified time. Extensions oftime, when granted, will be based upon the effect of
delays to the work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required Statement
of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a fmancial
interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
6-41
Commission, and has detennined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under th.is agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
farnilymembers, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subject matter of the
Defined Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter ofthe Defined Services, ("Prohibited Interest"), other than
as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except
with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
third party which may be in conflict with Consultant's responsibilities under this Agreement, except
with the written permission of City.
7. Hold Harmless
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Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed
officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) arising out of or alleged by third parties to be the result
of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legally responsible in connection with the execution of the work covered by this Agreement, except
only for those claims, damages, liability, costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees.
Also covered is liability arising from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions ofthe City, its agents, officers, or employees which may
be in combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant shall
defend, indemnify, protect and hold hannless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability, cost and expense (including without
limitation attorneys fees) except for those claims arising from the negligence or willful misconduct
of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability
incurred by the
City, its officers, agents or employees in defending against such claims, whether the same proceed to
judgment or not. Consultant's obligations under this Section shall not be limited by any prior or
subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive
the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects and engineers),
the following indemnification provisions should be utilized:
1. Indemnification and Hold Hannless Agreement.
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by the
acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of
any services performed involving this project, except liability for Professional Services covered
under Section X.Z, the Consultant agrees to defend, indemnify, protect, and hold hannless the City,
its agents, officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent acts or
omissions of the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any
third party. The Consultant's duty to indemnify, protect and hold hannless shall not include any
claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents,
6-43
officers or employees. This section in no way alters, affects or modifies the Consultant's obligation
and duties under Section Exhibit A to this Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project, the
Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and
employees trom and against any and all liability, claims, costs, and damages, including but not
limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or
indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees,
agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any
claims or liability arising from the negligence or willful misconduct of the City, its agents, officers
and employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereof at
least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared
by Consultant shall, at the option ofthe City, become the property of the City, and Consultant shall
be entitled to receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence, errors, or
omissions in the performance of work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City mayterrninate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become City's
sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph,
6-44
Consultant shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation arising under
this Agreement except as set forth herein.
II. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics,
forms or other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control ofthe manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant
and any of the Consultant's agents, employees or representatives are, for all purposes under this
Agreement, an independent contractor and shall not be deemed to be an employee of City, and none
of them shall be entitled to any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold
the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
6-45
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may trom time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the implementation of
same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose ofresolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to ajudgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who
is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause the
inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all
contracts and subcontracts relating to the preparation ofthe report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
6-46
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified herein as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement, and that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula Vista.
[end of page. next page is signature page.]
6-47
-
'05 11:23 FR MACTEC
858 495 1941 TO 16193976250
P.02/03
r
Signature Page
lo
Agreement between City of Chula Vista and Mactec Engineering and Consulting, Inc.,
To conduct on call Materials Testing, Geotechnical and BuiJding Speciallnspection
Consu11ing Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreemenllhcrcby
indicating that they have read and understood same, and indica.te their full and complete Clln$ent to
its terms;
CITY OF CHULA VISTA
Mactec Engineering and
Consulting, Inc.
By;
Stephen C. Padilla, Mayor
ATTEST:
Sus'an Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attomey
'Exhibit l.ist to Agreement
(X) Exhibit A.
(X) Exhibit B.
6-48
Exhibit A
to
Agreement between
City of Chula Vista
and
Mactec Engineering and Consulting, Inc.,
To conduct on call Materials Testing, Geotechnical and Building Special Inspection
Consulting Services
1. Effective Date of Agreement: Same as approved
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency of the City ofChula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
form]
, a [insert business
3. Place of Business for City:
City ofChula Vista,
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
4. Consultant:
MACTEC Engineering and Consulting, Inc.
9177 Sky Park Court, Suite A
San Diego, CA 92123
Office 858.278.3600
Fax 858.495.1941
6-49
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
9177 Sky Park Court, Suite A
San Diego, CA 92123
Office 858.278.3600
Fax 858.495.1941
7. General Duties:
Consultant shall provide Materials Testing, Geotechnical and Building Special Inspection
Consulting Services at the direction and to the satisfaction of the Director of General Services at
construction sites and facilities designated by the City of Chula Vista.
The Consultant shall provide:
A. Materials testing laboratory facilities staffed with personnel qualified to
perform sampling arid testing of portland cement concrete, soils, treated
soils, crushed aggregate base, bituminous materials, and other building materials, as
required.
The materials testing laboratory must have a documented Quality Assurance
Program (QAP) in conformance with Chapter 16 of the CALTRANS Local
Assistance Procedures Manual. The Consultant shall also provide a copy of the
QAP on a yearly basis.
B. GeotechnicaVsoil engineering services for City-funded projects during
earthwork construction operations, including geotechnicaVsoils engineering
observations during site preparation for placement of fill and construction of
sub-drainage systems.
C. Personnel that are experienced in the testing of materials used in the
construction of public works facilities and familiar with the San Diego Area
Regional Standard Drawings, the Green Book and Chapter 17 of the 2001 California
Building Code. The City shall have the right to make a determination as to the
qualifications of individual personnel and shall have the right to require substitution of
6-50
non-qualified individuals with qualified personnel at any time. Personal assigned to City
Of Chula Vista projects shall obtain approval ITom the City on an annual basis.
The Consultant's QAP must include procedures and policies in which
personnel are certified to perform the materials testing and sampling
requested by City.
D. Materials Testing, Geotechnical and Building Special Inspection
Consulting Services in response to the City's request at the times and locations as
determined by the Director of General Services. The City shall make requests for services
with 24 hours notice.
E. A documented internal laboratory QAP for all required laboratory
analyses and procedures. All reference standards and equipment calibrations shall be
traceable to the National Institute of Standards and Technology.
F. Assurances that all samples are logged and traceable in personal, lab, times, tests, results
and disposal.
G. Assurances that all instruments and devices to be utilized in field and laboratory
analyses are properly maintained and calibrated in accordance with the
Consultant's QAP.
H. Provide the City of Chula Vista with all original data, reports, records, etc. of
field and laboratory analyses, as well as certified copies of all calibration and
maintenance records on an annual basis. Further, the Consultant shall maintain
copies of all records related to field and laboratory testing performed under the
contract for a minimum of five years ITom the date of the sample, easurement,
report, etc. This period may be extended during the course of any
unresolved litigation or when requested by the City of Chula Vista.
1. Billing forms and procedures used shall be acceptable to the City and shall include all test
results reports billed during that period.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
I. Materials Testing
The Consultant shall perform the required materials, soils, sampling, and inspection In
accordance with test methods and standards established by the American Society for
6-51
Testing and Materials (ASTM), the State of California Department of Transportation
(CalTrans), and the Environmental Protection Agency (EP A), as specified by the
Director of General Services. Subject to the provisions of section 11 below, the work shall be
paid for on an hourly and unit price per test basis, which shall include all costs such as
testing, reports, report review, storing of specimens, and test cylinders, as listed in the fee
schedule (Exhibit B)
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City proj ects
during earthwork construction operations that the Director of General Services detennines are
necessary to meet finished grades shown on the plans and cross-sections. Consultant shall
provide geotechnical engineering observation during site preparation for placement of fill and
construction of subdrains. Consultant shall make recommendations regarding the removal
of unsuitable material for fills and methods of compaction based on previous geotechnical
investigations and Consultant's observations. For test results that failed, Consultant shall provide
analysis of the failure and a recommendation of possible solutions in the signed and stamped
report. On test that passed, Consultant shall state so in the signed and stamped report provided to
the City. Said reports shall include the appropriate specification next to the test results.
Consultant's services will be on an as-needed basis. Subj ect to the provisions in section 11 below,
payment shall be on an hourly and unit paid per test basis for each City.
m. Building Special Inspection
The Consultant shall perfonn the required Building Special Inspection services
inspection as directed by the City of Chula Vista in accordance with test methods and
standards established by the American Society for Testing and Materials (ASTM),
Chapter 17 ofthe 2001 California Building Code, the State of California Department of
Transportation (CaITrans), and the Environmental Protection Agency (EPA), as specified
by the Director of General Services. The work shall be paid for on an hourly and unit
price per test basis. Subject to the provision in section 11 below, the price per test shall include
all associated costs such as testing, reports, report review, storing of specimens, and test
cylinders, as listed in the fee schedule (Exhibit B)
N. Accounting and Billings
Consultant shall provide separate invoices for each City proj ect identified.
Every invoice will list all work perfonned on project. Invoice shall show total amount billed
to date for project, payments received, and amount due. All work elements shall be
itemized, i.e. tests perfonned, personnel charges/hours, equipment costs, etc. All re-test shall be
6-52
identified and explained on the invoice. City shall be billed within four (4) weeks of work
perfonnance and shall include all test results reports billed during that period.
Consultant shall only be paid for work done at the request of the City. If additional work is
requested by others, Consultant shall obtain a verbal authorization from the City. In addition, the
Consultant shall include on respective invoice the following documentation for said additional
work: I)who requested the work, 2)who approved the work, 3)date of work, 4)who perfonned
the work and 5)Time in and out. 6)total of exact hours worked
The Consultant shall forfeit and will not receive payment for work perfonned and billed to
City more than sixty (60) calendar days after perfonnance of work.
V. Personnel
Joseph E. Fucella, PhD shall serve as Project Manager and single point of
contact for the City. The City shall reserve the right of refusing personnel assigned to a
project by the Consultant.
VI. Reports
Consultant shall provide City with written reports on test results within 3-
working days after completion of test results. Test results are to be faxed to FAX number
directed by the City as soon as fmal test results are available.
VII. Conflict of Interest
Consultant shall not retain any clients who are doing work under pennits
or contractual agreements with the City of ChuIa Vista unless otherwise approved in writing by
Director of General Services
IX. Work not listed in Schedule
If an occasion arises whereby the City requests work to be done which is not
listed in this schedule, the price of providing this work shall be negotiated in good faith
between the City and the Consultant. The negotiated price(s) shall not exceed the
Schedule of Charges labeled as Exhibit B to this agreement between the City and
Consultant.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver abies:
Deliverable No. I:
6-53
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services: December 31, 2008. City has the
option to extend this agreement for up to two additional years. Said extension shall be by mutual
agreement between City and Consultant with out going through the City's Consultant selection
process as outlined in the City's Municipal Code. The City Contract Administrator shall give
notice of election to extend this agreement by sending notice by letter to Consultant not later than
three months prior to expiration of the term.
9. Insurance Requirements:
1. General Liability
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, either the general aggregate limit
must apply separately to this project/location or the general
aggregate limit must be tVvice the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-€ach employee
4. Professional Liability or $ 500,000.00 each occurrence
Errors & Omissions Liability $1,000,000 policy aggregate
10. Materials Required to be Supplied by City to Consultant: None
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defmed Services by Consultant as herein required, City shall pay a
single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth
below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
6-54
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the
compensation due for each phase on a percentage of completion basis for each given phase such
that, at the end of each phase only the compensation for that phase has been paid. Any payments
made hereunder shall be considered as interest free loans which must be returned to the City if
the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall
receive credit against the compensation due for that phase. The retention amount or percentage
set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the
phase, the full retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the
Contracts Administrator designated herein by the City, or such other person as the City Manager
shall designate, but only upon such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the Contractor shall have represented
in writing that said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to a time and
materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion ofthe Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant
shall not commence Services under any Phase, and shall not be entitled to the compensation
for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
6-55
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back trom the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein required of Consultant for $xxxx
including all Materials, and other "reimbursable" ("Maximum Compensation").
(2) ( x ) Limitation without Further Authorization on Time and Materials
Arrangement
6-56
At such time as Consultant shall have incurred time and materials equal to $ 750,000
("Authorization Limit"), Consultant shall not be entitled to any additional compensation without
further authorization issued in writing and approved by the City. Nothing herein shall preclude
Consultant from providing additional Services at Consultant's own cost and expense. See Exhibit B
for wage rates.
( ) Hourly rates may increase by 6% for services rendered after xxx if delay in providing
services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required,
City shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
(x) Outside Services:
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
Cost Plus 15%
(x)
Other Actual Identifiable
City- Approved Direct Costs:
Cost Plus 15%
13. Contract Administrators:
City: Roberto Yano, Sr. Civil Engineer
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
Telephone: (619) 397-6217
Fax: (619) 397-6250
Consultant: Joseph E. Fucella, PhD
Engineering Services Manager
MACTEC Engineering and Consulting, Inc.
9177 Sky Park Court, Suite A
San Diego, CA 92123
Office 858.278.3600
Fax 858.495.1941
14. Liquidated Damages Rate:
( )$_perday.
6-57
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No. 1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income subject to the
regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income which engage in land
development, construction or the acquisition or sale of real property.
( ) Category No. 5. Investments in business entities and sources of income of the type which,
within the past two years, have contracted with the City of Chula Vista (Redevelopment
Agency) to provide services, supplies, materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of the type which,
within the past two years, have contracted with the designated employee's department to
provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if
any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18 Bill Processing:
A Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
6-58
( ) Other:
B Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C City's Account Number: Varies Project-by-Project
19 Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. Ifthis space is checked, then notwithstanding other provisions to the contrary requiring
the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their
option, either the following "Retention Percentage" or "Retention Amount" until the City determines
that the Retention Release Event, listed below, has occurred:
( ) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other: Completion and Delivery of Final Reports to the satisfaction ofthe Director of
General Services
6-59
Exhibit B
CONSTRUCTION MATERIALS TESTING SERVICES - FEE SCHEDULE
NON-PREVAILING WAGE
UNIT PRICE
CONCRETE
Compression Test
Core *( excluding sample preparation),
Shotcrete panel core (3 cores per panel),
Concrete Mix Design or Mix Review
(excluding aggregate tests),
*Sawcutting of Sample
each
per panel
$ 30
$225
each
Quote on Request
$ 26
MASONRY
Compression Test
Block (8x8x16 or smaller),
Mortar, 2x4 cylinder (UBC),
Grout (UBC),
Core,
Shear
per 3 unit set
each
each
each
$180
$ 18
$ 22
$ 55
$ 55
$ 22
$145
$120
$425
Grout (UBC), each
Masonry Prism, Full Size (8xI6xI6), (ASTM E447), each
Masonry Prism, Half Size (8xI6x8), (ASTM E447), each
Conformance Package ASTM C90
(including all testing and report, 6 units)
AGGREGATE
Specific Gravity
Coarse Aggregate (ASTM CI27),
Fine Aggregate (ASTM CI28),
pH & Resistivity,
each
each
each
$ 50
$ 65
$ 55
ASPHALT CONCRETE
Stability Test - Marshall (ASTM D1559),
ave of3, unit weight & flow,
Asphalt Concrete Mix Design or Mix Review,
Unit Weight Requiring Compaction
(Marshall ASTM D1559),
each
each
$175
Quoted On Request
each
$110
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GEOTECHNICAL MATERIALS TESTING UNIT RATES
NON-PREVAILING WAGE
Shear Tests (single point) .............................................. ..... ............... ............................................. .......... ........ $ 75
Consolidation Tests............................................................................................................................ .............. $175
Moisture-Density. ...... .......... ... ..................... .................. ... .... ............ ................................................................ $ 20
C.B.R. Tests (Includes Compaction Test) ....................................................................................................... $475
Lime Treated CBR .................................................. ...................... ... ............. ... ....... ...... ............................. ...... $550
R -Value (Lime Treated) ........................... ....... ........... .......... ....... ............... ........ .............. .......... ....... ............... $265
Mechanical Analyses -
Sieve Test ................................................................................................................... ..................... $75
Hydrometer Test.......... ....... ......... .................. ..... ..... ....... ............................................ ............. ...... $155
Plasticity Index............................................................................................................................ ..................... $130
Expansion Index (ASTM 4829).. ............. ........... ...... ....... ............................ ............... ........................ ............. $160
Specific Gravity......................................................................................................................... ...................... $ 100
Unconfined Compression....... ..................... .......................... ........... .................................... .......... ........ .......... $150
Triaxial Tests -
Std. Test, undrained, unconsolidated............................................................................................. $250
Effective Stress Test.................................................................................................. Quote on Request
Remolded Samples (preparation) .............................................................................................:.......................$ 55
Corosivity Tests (Sulfate, Chloride, pH, min. resistivity) ............................................................................... $200
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LABORATORY METAL SERVICES - FEE SCHEDULE
NON-PREVAILING WAGE
UNIT
PRICE
MECHANICAL TESTING
Mechanical Coupler Testing (Tensile, Yield, Slippage & Sample Preparation), each .....................................$ 125
Tensile Testing up to No. 11 Bar (ultimate strength only), each .......................................................................$ 50
Tensile Testing No. 14 Bar (ultimate strength only), each................................................................................$ 75
Tensile Testing No. 18 Bar (ultimate strength only), each................................................................................$ 90
Tensile Testing (ultimate strength only)
Flat Bar Reduced Section, each ..................................................................................................................$ 70
Round Bar Reduced Section 0.505" Diameter, each ..................................................................................$ 70
Round Bar Reduced Section, sub-size, each...............................................................................................$ 45
Yield Stength Testing (by extensometer), each ...........................................................................................$ 45
Tensile, Full Section Tube, each .......................................................................................................................$ 70
Bend Test, each................... ............. ..................................................................................... ............... .............$ 35
Fillet Weld Break Test, each..............................................................................................................................$ 80
Charpy Impact: Ambient Temperature, per set 00 .........................................................................................$ 63
Charpy Impact: Ambient - 40oF, per set of 3 ...................................................................................................$ 95
Charpy Impact: - 41 of to -lOooF.......................................................................................... Quoted Upon Request
Charpy Individual Specimens for Transition Curve............................................................... Quoted Upon Request
Additional Charge for Reporting Percent Shear, per set ...................................................................................$ 25
Additional Charge for Reporting Mils Lateral Expansion, per set ...................................................................$ 25
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Rockwell Hardness, per set of3........................................................................................................................$ 40
Sample Preparation (as required)..................................... ......................... ............... ...... ....... ................... .........$ 25
Bearing Pad Tests ................................................................................................................... Quoted Upon Request
Special Tests........................ ............... ......................................................... ...................... ..... Quoted Upon Request
Charpy Impact Specimens
MACHINING
NON-PREVAILING WAGE
Carbon Steel, per set of3 .............................................................................................................................$ 80
Carbon Steel, Sub-Size, per set 00.............................................................................................................$ 90
Other Materials, per set of3........................................................................................................................$ 100
Other Materials, Sub-Size, per set of3 .......................................................................................................$ 110
Carbon Steel, Flat Bar Reduced Section, each..................................................................................................$ 50
Carbon Steel, Round Bar 0.505" Diameter, each..............................................................................................$ 60
Carbon Steel, Round Bar Sub-Size, each..........................................................................................................$ 70
Other Materials, Flat Bar Reduced Section, each .............................................................................................$ 70
Other Materials, Round Bar 0.505" Diameter, each .........................................................................................$ 70
Other Materials, Round Bar Sub-Size, each .....................................................................................................$ 80
Macro Specimens
Carbon Steel, each... ................ .......................... ........................... ................................. ..... ............. ............$ 120
Other Materials, each ....................................... ............. .................................................. .................. ..........$ ISO
General Machining Charge, per hour...............................................................................................................$ 100
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HIGH STRENGTH BOLT TESTING
Hardness (Bolt, Washer, Nut), each ........................................................................................................................ $ 20
Bolt Assembly Standard Wedge, each.................................................................................................................... $ 22
Bolt Proof testing, each................................................................................................................................. .......... $ 45
METALLURGICAL TESTING
Macro Etch (including mounting, polishing and etching)...................................................................................... $ 75
Field Metallography & Replica Production Test Kits, per day.............................................................................. $ 25
Photomacrograph or Photomicrograph from Prepared Macro or Micro Specimen, each..................................... $ 50
Additional Photographic Prints, each ..................................................................................................................... $ 10
Portable Microscope, per day................................................................................................................................ $ 100
Macro Etch, Etch, Weld Cross-Section or Parent Metal (Including preparation)
Carbon Steel, each.. ........................ ........... ........ ................. .................... .............. ......... ........... ...... .................. $ 150
Stainless Steel, each ......................................................................................................................................... $ 150
Other Metals, each......... ....................... ........... ...... .... ................ ...... ..... ....... .................................. ................... $ 150
Sample Preparation for Chemical Analysis............................................................................................................ $ 25
Chemistry ...................... ................... .............. ......... .............. ........... .......... ........... ..". ......... ........... Quote Upon Request
EST METHOD PRIMARY TESTS FEE
ASTM C1l7 Fine Sieve Analysis with 200 Wash $75
ASTM C136 Sieve Analysis of Fine and Coarse Aggregate $135
ASTM C39 Compressive Strength - Concrete Cylinder (Set of Three) $51
ASTM D1557 Compaction Characteristics of Soil Using the Modified Proctor Method $150
ASTM D2041 Maximum specific Gravity and Density of Bituminous Paving Mixtures $150
ASTMD2172 Extraction of Bitumen from Bituminous Paving Mixtures $175
ASTM D2419 Sand Equivalent Value of Soils and Fine Aggregates $80
ASTM D2726 Specific Gravity and Density of Compacted Bituminous Paving Mixtures $40
ASTM D3910 Consistency Test and Wet Track Abrasion Test $100
CA TEST 202 Sieve Analysis of Fine and Coarse Aggregates $135
CA TEST 216 Relative Compaction of Untreated and Treated Soils and Aggregates $150
CA TEST 217 Sand Equivalent $80
CA TEST 226 Moisture Content in Soils by Oven Drying $20
CA TEST 301 "R" Value of Soils by Stabilometer $180
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EST METHOD PRIMARY TESTS
CA TEST 304 Preparation of Bituminous Mixtures for Testing (Built into Hourly Rate)
CA TEST 307
CA TEST 308
CA TEST 312
CA TEST 366
CA TEST 367
CA TEST 375
CA TEST 379
CA TEST 521
CA TEST 540
ASTM C131
ASTM C289
ASTM C40
ASTM C42
ASTM C78
ASTM C88
ASTM D422
CA TEST 205
CA TEST 211
CA TEST 213
CA TEST 214
CA TEST 227
CA TEST 229
Moisture Vapor Susceptibility of Bituminous Mixtures
Specific Gravity and Weight of Compressed Bituminous Mixtures
Design and Testing of Class "A" Cement Treated Base (Complete CTB
Design, including laboratory conformance testing of aggregates)
Stabilometer Value of Bituminous Mixtures
Recommending Optimum Bitument Content (OBC)
In-Place Density and Relative Compaction of Asphalt Concrete Pavement
(Built into Hourly Rate)
Asphalt Content of Bituminous Mixtures
Compressive Strength of Molded Concrete Cylinders
Mixing, Storing, and Handling Concrete Compressive Strength Specimens in
the Field (Built into Hourly Rate)
Abrasion and Impact in the L.A. Machine
Potential Reactivity of Aggregate
Organic Impurities in Fine Concrete Aggregates
Testing Drilled Concrete Cores (Compression Test Only, Set of Three)
Flexural Strength of Concrete
Soundness of Aggregates by Use of Sulfates
Particle-Size Analysis of Soils
Percentage of Crushed Particles
Abrasion of Coarse
Aggregate - L.A. Rattler
( 500 Revolutions)
(1,000 Revolutions)
Organic Impurities in Concrete Sand
Soundness of Aggregates by Use of Sodium Sulfate
Evaluating Cleanness of Coarse Aggregates
Test for Durability Index
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FEE
o
$165
$40
$800
$150
$100
o
$200
$17
o
$150
$575
$50
$110
$45
$100
$135
$175
$180
$50
$100
$80
$130
EST METHOD
CA TEST 311
PRIMARY TESTS
FEE
$200
Determination of Moisture in Soils, Minerals Aggregates, and Bituminous
Mixtures by Xylene Reflux Distillation
PROFESSIONAL PERSONNEL HOURLY RATES
(Engineers, Geologists, Scientists)
Staff Professional .................................................... $ 86
Project Professional.................................................$105
Senior Professional.............. ........ ............................ $120
Principal Professional...... ........ ................................$140
Project Manager ..................... ..................... ......... .... $140
Senior Principa1lConsultanL............... .................... $195
TECHNICAL AND SUPPORT PERSONNEL HOURLY RATE
Special Registered Inspector ...................................$60
Certified Welding InspectorlUT Inspector..............$62
Technician (Soils) ................ ........................ ............ $56.50
Technician (Materials) ....................... ................ ...... $48.70
Coring Technician - Concrete, Asphalt (Inc. Core Equipment and Truck) $110
Word Processor........... .............. .... ....... ................ .... $55
Draftsperson/CADD ......... ......................... .... .......... $80
All unitary billing rates for laboratory testing includes the cost oflabor. All unitary billing rates for
non-laboratory testing (i.e., equipment use, etc.) do not include the cost oflabor.
These rates apply to regular time worked and travel time in the continental United States. A premium
charge will apply to time in excess of 8 hours per weekday and all time on Saturdays, Sundays, and
holidays, when such time represents time worked on the project or travel time to or ITom the project.
The premium charge will be charged at the rates for professional personnel and at 1.5 times and 2.0
times ( double time) the rates for technical and support personnel. Special shift services (other than
Monday through Friday, 7am to 5pm) will be billed out at 1.25 times our standard hourly rate unless the
shift work mandates overtime pay as described above.
A 2-hour minimum charge will be made when notice of cancellation of inspection services is not
received by noon the previous weekday.
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PREY AILING WAGE NOTE
The Schedule ofF ees ("Schedule") is not based upon any Prevailing Wage Determination or prevailing
wage requirement under any federal or state law. In the event that it is determined by any federal, state
or local agency, or any appropriate judicial or administrative body, that any of the services performed
by Mactec for its client's project are subject to the provisions of the California Prevailing Wage Law
[Cal. Lab. Code g 1770 et seq.,] ("Code") and that Mactec is required to pay a specified prevailing wage
rate for all or any portion of such services, client agrees to pay the applicable wage rate differential for
any past and future services, being defined as the additional amount that is paid to each applicable
employee in order to comply with the Code, in addition to an amount of mark- up maximum of 2.75 on
the applicable wage rate differential which is equal to the same mark-up upon which the originally-
billed wage rate was calculated. The personnel and laboratory rates shall apply for the life of the
contract, except personnel subject to prevailing wages as they will be subject to increases as
defined by the California Labor Code
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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
Ann Moore
City Attorney
Dated: 12/12/05
AGREEMENT WITH CCV SOUTHERN CALIFORNIA SOIL &
TESTING, INC. FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
6-68
Parties and Recital Page( s)
Agreement between
City of Chula Vista
and
Southern California Soil & Testing, Inc.
To conduct on call Materials Testing, Geotechnical and Building Special Inspection
Consulting Services
This agreement ("Agreement"), dated for the purposes ofreference
only, and effective as of the date last executed unless another date is otherwise specified in Exhibit
A, Paragraph I is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business fonn is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business fonn is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone nwnbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the City has a Capital hnprovement Program (CIP) for various locations in the
City; and,
WHEREAS, the City has the need for on call Materials Testing, Geotechnical and Building
Special Inspection Consulting Services during said programs projects' design and construction
phases; and,
WHEREAS, A Request for Qualifications (RFQ) was issued with a due date of July 28,
2005; and,
WHEREAS, on said date, the City ofChula Vista received six (6) statement of qualifications
(SOQ) from finns interested in providing said consultant services; and,
WHEREAS, after the City completed their review of the SOQs and proceded with the
interview process for all six finns, the City selected Southern California Soil & Testing, Inc. as one
of four Consultant to provide the services necessary; and,
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can deliver the services required of Consultant to City within the time
frames herein provided all in accordance with the tenns and conditions of this Agreement;
6-69
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time rrames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time rrames set forth therein, time being of the essence ofthis agreement.
The General Duties and the work and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to complete the Defined Services by the
times indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request rrom Consultant, rrom time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defmed Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Services"), and
upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant
shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in
Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation
for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
6-70
exercised by members of the profession currently practicing under similar conditions and in similar
locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet with the approval ofthe City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in
the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same manner as members of the
general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(I) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating
same, which shall be reviewed and approved by the Risk Manager.
H. Security for Performance.
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(I) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond in the form prescribed by the City and by
such sureties which are authorized to transact such business in the State of California,
listed as approved by the United States Department of Treasury Circular 570,
http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond", in said
Paragraph 19, Exhibit A.
(2) Letter of Credit.
.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit callable by the City at their
unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the subparagraph entitled
"Other Security"), then Consultant shall provide to the City such other security therein
listed in a form and amount satisfactory to the Risk Manager or City Attorney.
1. Business License
.
Consultant agrees to obtain a business license ITom the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
6-72
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement. The City shall permit access to its office facilities, files and records
by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the
information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly,
on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for
all services rendered by Consultant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next
to the appropriate arrangement, subj ect to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and
shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent them
in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
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The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of the
time specified for the completion of the respective work assigrunent or Deliverable, the consultant
shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration ofthe specified time. Extensions oftime, when granted, will be based upon the effect of
delays to the work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required Statement
of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
6-74
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subject matter of the
Defined Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subj ect matter of the Defined Services, ("Prohibited Interest"), other than
as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except
with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
third party which may be in conflict with Consultant's responsibilities under this Agreement, except
with the written permission of City.
7. Hold Harmless
6-75
.
.
Consultant shall defend, indemnifY, protect and hold hannless the City, its elected and appointed
officers and employees, fi:om and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) arising out of or alleged by third parties to be the result
of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legally responsible in connection with the execution of the work covered by this Agreement, except
only for those claims, damages, liability, costs and expenses (including without limitations, attorneys
fees) arising fi:om the sole negligence or sole willful misconduct of the City, its officers, employees.
Also covered is liability arising fi:om, connected with, caused by or claimed to be" caused by the
active or passive negligent acts or omissions of the City, its agents, officers, or employees which may
be in combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
.
With respect to losses arising fi:om Consultant's professional errors or omissions, Consultant shall
defend, indemnifY, protect and hold harmless the City, its elected and appointed officers and
employees, fi:om and against all claims for damages, liability, cost and expense (including without
limitation attorneys fees) except for those claims arising fi:om the negligence or willful misconduct
of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability
incurred by the
City, its officers, agents or employees in defending against such claims, whether the same proceed to
judgment or not. Consultant's obligations under this Section shall not be limited by any prior or
subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive
the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects and engineers),
the following indemnification provisions should be utilized:
1. Indemnification and Hold Harmless Agreement.
.
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for ~ury to any person or property caused or claimed to be caused by the
acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of
any services performed involving this project, except liability for Professional Services covered
under Section X.2, the Consultant agrees to defend, indemnifY, protect, and hold harmless the City,
its agents, officers, or employees fi:om and against all liability. Also covered is liability arising fi:om,
connected with, caused by, or claimed to be caused by the active or passive negligent acts or
omissions of the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any
third party. The Consultant's duty to indemnifY, protect and hold harmless shall not include any
claims or liabilities arising fi:om the sole negligence or sole willful misconduct of the City, its agents,
6-76
officers or employees. This section in no way alters, affects or modifies the Consultant's obligation
and duties under Section Exhibit A to this Agreement.
2. Indemnification for .Professional Services.
As to the Consultant's professional obligation, work or services involving this Project, the
Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and
employees from and against any and all liability, claims, costs, and damages, including but not
limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or
indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees,
agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any
claims or liability arising from the negligence or willful misconduct of the City, its agents, officers
and employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereofat
least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared
by Consultant shall, at the option of the City, become the property of the City, and Consultant shall
be entitled to receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence, errors, or
omissions in the performance of work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at anytime and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become City's
sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph,
6-77
Consultant shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation arising under
this Agreement except as set forth herein.
.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
.
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, infonnation, data, statistics, fonns, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics,
fonns or other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perfonn as an independent
contractor with sole control of the manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant
and any of the Consultant's agents, employees or representatives are, for all purposes under this
Agreement, an independent contractor and shall not be deemed to be an employee of City, and none
of them shall be entitled to any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold
the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
6-78
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may from time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the implementation of
same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who
is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause the
inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all
contracts and subcontracts relating to the preparation ofthe report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served ifpersonally served or deposited in the United States
6-79
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified herein as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
E. Capacity of Parties
.
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement, and that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula Vista.
[end of page. next page is signature page.]
6-80
DEC-13-ZDDS a3:Sap~ FRO~-S C.. SaiL & TESTING
Sli-zea-4T17
T-4SS p.DI4/aZi F-Ta4
Signature Page
to
Agreement between City afChula Vista and Soumern California Soil & Testing, Inc.
Ta conduct on call Materials Testing, Geotechnical and Building Special Inspection
Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating thar they have read and understood same, and indicate their full and complete consent to
irs rerms:
CITY OF CHULA VISTA
Southern California Soil &
Testing, Inc
By:
Stephen C. Padilla, Mayor
By:
h ATff' -"'-'4-<.$
ATTEST:
Susan Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attorney
Exhibit Lis! to Af,'Teement
(X) Exhibit A.
(X) Exhibit B.
6-81
Exhibit A
to
Agreement between
City ofChula Vista
and
Southern California Soil & Testing, Inc
To conduct on call Materials Testing, Geotechnical and Building Special Inspection
Consulting Services
1. Effective Date of Agreement: Same as approved
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
form]
, a [insert business
3. Place of Business for City:
City of Chula Vista,
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
4. Consultant:
Southern California Soil & Testing, Inc
6280 Riverdale Street
San Diego, CA 92120
Office 619-280-4321
Fax 619-280-4717
6-82
5. Business Fo= of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Southern California Soil & Testing, Inc
6280 Riverdale Street
San Diego, CA 92120
Office 619-280-4321
Fax 619-280-4717
1. General Duties:
Consultant shall provide Materials Testing, Geotechnical and Building Special Inspection
Consulting Services at the direction and to the satisfaction of the Director of General Services at
construction sites and facilities designated by the City of Chula Vista.
The Consultant shall provide:
A. Materials testing laboratory facilities staffed with personnel qualified to
perfo= sampling arid testing of portland cement concrete, soils, treated
soils, crushed aggregate base, bituminous materials, and other building materials, as
required.
The materials testing laboratory must have a documented Quality Assurance
Program (QAP) in confo=ance with Chapter 16 of the CALTRANS Local
Assistance Procedures Manual. The Consultant shall also provide a copy of the
QAP on a yearly basis.
B. Geotechnical/soil engineering services for City-funded projects during
earthwork construction operations, including geotechnical/soils engineering
observations during site preparation for placement of fill and construction of
sub-drainage systems.
C. Personnel that are experienced in the testing of materials used in the
construction of public works facilities and familiar with the San Diego Area
Regional Standard Drawings, the Green Book and Chapter 17 ofthe 2001 California
Building Code. The City shall have the right to make a dete=ination as to the
qualifications of individual personnel and shall have the right to require substitution of
6-83
non-qualified individuals with qualified personnel at any time. Personal assigned to City
Of Chula Vista proj ects shall obtain approval from the City on an annual basis.
The Consultant's QAP must include procedures and policies in which
personnel are certified to perform the materials testing and sampling
requested by City.
D. Materials Testing, Geotechnical and Building Special Inspection
Consulting Services in response to the City's request at the times and locations as
determined by the Director of General Services. The City shall make requests for services
with 24 hours notice.
E. A documented intemallaboratory QAP for all required laboratory
analyses and procedures. All reference standards and equipment calibrations shall be
traceable to the National Institute of Standards and Technology.
F. Assurances that all samples are logged and traceable in personal, lab, times, tests, results
and disposal.
G. Assurances that all instruments and devices to be utilized in field and laboratory
analyses are properly maintained and calibrated in accordance with the
Consultant's QAP.
H. Provide the City of Chula Vista with all original data, reports, records, etc. of
field and laboratory analyses, as well as certified copies of all calibration and
maintenance records on an annual basis. Further, the Consultant shall maintain
copies of all records related to field and laboratory testing performed under the
contract for a minimum of five years from the date of the sample, easurement,
report, etc. This period may be extended during the course of any
unresolved litigation or when requested by the City of Chula Vista.
1. Billing forms and procedures used shall be acceptable to the City and shall include all test
results reports billed during that period.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
.
1. Materials Testing
The Consultant shall perform the required materials, soils, sampling, and inspection In
accordance with test methods and standards established by the American Society for
6-84
Testing and Materials (ASTM), the State of California Department of Transportation
(CalTrans), and the Environmental Protection Agency (EPA), as specified by the
Director of General Services. Subject to the provisions of section 11 below, the work shall be
paid for on an hourly and unit price per test basis, which shall include all costs such as
testing, reports, report review, storing of specimens, and test cylinders, as listed in the fee
schedule (Exhibit B)
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City proj ects
during earthwork construction operations that the Director of General Services determines are
necessary to meet finished grades shown on the plans and cross-sections. Consultant shall
provide geotechnical engineering observation during site preparation for placement of fill and
construction of subdrains. Consultant shall make recommendations regarding the removal
of unsuitable material for fills and methods of compaction based on previous geotechnical
investigations and Consultant's observations. For test results that failed, Consultant shall provide
analysis of the failure and a recommendation of possible solutions in the signed and stamped
report. On test that passed, Consultant shall state so in the signed and stamped report provided to
the City. Said reports shall include the appropriate specification next to the test results.
Consultant's services will be on an as-needed basis. Subject to the provisions in section 11 below,
payment shall be on an hourly and unit paid per test basis for each City.
III. Building Special Inspection
The Consultant shall perform the required Building Special Inspection services
inspection as directed by the City of Chula Vista in accordance with test methods and
standards established by the American Society for Testing and Materials (ASTM),
Chapter 17 of the 2001 California Building Code, the State of California Department of
Transportation (CalTrans), and the Environmental Protection Agency (EPA), as specified
by the Director of General Services. The work shall be paid for on an hourly and unit
price per test basis. Subject to the provision in section 11 below, the price per test shall include
all associated costs such as testing, reports, report review, storing of specimens, and test
cylinders, as listed in the fee schedule (Exhibit B)
N. Accounting and Billings
Consultant shall provide separate invoices for each City proj ect identified.
Every invoice will list all work performed on project. Invoice shall show total amount billed
to date for project, payments received, and amount due. All work elements shall be
itemized, i.e. tests performed, personnel charges/hours, equipment costs, etc. All re-test shall be
6-85
.
identified and explained on the invoice. City shall be billed within four (4) weeks of work
performance and shall include all test results reports billed during that period.
Consultant shall only be paid for work done at the request of the City. If additional work is
requested by others, Consultant shall obtain a verbal authorization from the City. In addition, the
Consultant shall include on respective invoice the following documentation for said additional
work: l)who requested the work, 2)who approved the work, 3)date of work, 4)who performed
the work and 5)Time in and out. 6)total of exact hours worked
.
The Consultant shall forfeit and will not receive payment for work performed and billed to
City more than sixty (60) calendar days after performance of work.
V. Personnel
Edward C. Trasoras, RCE shall serve as Project Manager and single point of
contact for the City. The City shall reserve the right of refusing personnel assigned to a
proj ect by the Consultant.
VI. Reports
.
Consultant shall provide City with written reports on test results within 3-
working days after completion of test results. Test results are to be faxed to FAX number
directed by the City as soon as final test results are available.
VII. Conflict of Interest
Consultant shall not retain any clients who are doing work under permits
or contractual agreements with the City of Chula Vista unless otherwise approved in writing by
Director of General Services
.
IX. Work not listed in Schedule
If an occasion arises whereby the City requests work to be done which is not
listed in this schedule, the price of providing this work shall be negotiated in good faith
between the City and the Consultant. The negotiated price( s) shall not exceed the
Schedule of Charges labeled as Exhibit B to this agreement between the City and
Consultant.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver abIes:
Deliverable No.1:
6-86
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services: December 31, 2008. City has the
option to extend this agreement for up to two additional years. Said extension shall be by mutual
agreement between City and Consultant with out going through the City's Consultant selection
process as outlined in the City's Municipal Code. The City Contract Administrator shall give
notice of election to extend this agreement by sending notice by letter to Consultant not later than
three months prior to expiration of the term.
9. Insurance Requirements:
1. General Liability:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, either the general aggregate limit
must apply separately to this projecUlocation or the general
aggregate limit must be t'iI1ce the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
4. Professional Liability or $ 500,000.00 each occurrence
Errors & Omissions Liability $1,000,000 policy aggregate
10. Materials Required to be Supplied by City to Consultant: None
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall pay a
single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth
below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
6-87
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the
compensation due for each phase on a percentage of completion basis for each given phase such
that, at the end of each phase only the compensation for that phase has been paid. Any payments
made hereunder shall be considered as interest ftee loans which must be returned to the City if
the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall
receive credit against the compensation due for that phase. The retention amount or percentage
set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the
phase, the full retention has been held back ftom the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the
Contracts Administrator designated herein by the City, or such other person as the City Manager
shall designate, but only upon such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the Contractor shall have represented
in writing that said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to a time and
materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defmed Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant
shall not commence Services under any Phase, and shall not be entitled to the compensation
for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. $
.
2. $
3. $
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest ftee loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
6-88
.
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion ofthe phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein required of Consultant for $xxxx
including all Materials, and other "reimbursable" ("Maximum Compensation").
(2) ( x ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ 750,000 ("Authorization Limit"), Consultant shall not be entitled to any additional
compensation without further authorization issued in writing and approved by the
City. Nothing herein shall preclude Consultant from providing additional Services at
Consultant's own cost and expense. See Exhibit B for wage rates.
( ) Hourly rates may increase by 6% for services rendered after xxx if delay in
providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
6-89
() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
(x) Outside Services:
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
Cost Plus 15%
(x)
Other Actual Identifiable
City- Approved Direct Costs:
Cost Plus 15%
13. Contract Administrators:
City: Roberto Yano, Sr. Civil Engineer
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
Telephone: (619) 397-6217
Fax: (619) 397-6250
Consultant: Edward C. Trasoras, RCE
Principal Materials Engineer
Southern California Soil & Testing, Inc.
6280 Riverdale Street
San Diego, CA 92120
Office 619.280.4321
Fax 619.280.4717
14. Liquidated Damages Rate:
( ) $_perday.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
6-90
( ) Category No. 1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income
subj ect to the regulatory, permit or licensing authority of the department.
6-91
( ) Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale of
real property.
( ) Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18 Bill Processing:
A Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
.
B Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C City's Account Number: Varies Project-by-Project
19 Security for Performance
6-92
( ) Perfo=ance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City dete=ines that the Retention Release Event,
listed below, has occurred:
( ) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other: Completion and Delivery of Final Reports to the satisfaction of
the Director of General Services
6-93
Exhibit B
Southern California Soil & Testing, Inc. (SCS&T), agrees to provide professional engineering,
geology,and inspection services, on a time and materials basis. The fees for these services are invoiced at
theunit rates listed below. Prevailing wage rates are subject to immediate adjustment; following mandatory
increasesby the State of California Department of Industrial Relations.
PROFESSIONAL SERVICES (* Services are subject to prevailing wage requirements)
Engineer/Geologist Principal Engineer/Principal Geologist. ...................... .... ... .........
Associate Engineer/Associate Geologist..................................................................
Senior Engineer/Senior Geologist.............................................................. ............
Project Engineer/Project Geologist............................................................ .............
Staff Engineer/Staff Geologist................................................ ................................
Assistant Engineer, Geologist, Environmentalist......................................................
Engineering Geotechnical Field Technician Supervisor ............................................
Technician Geotechnical Technician ...................................................................... .....
Profilograph Technician............................................................................................
Floor Flatness (Dip Stick) Technician........................................................ ................
Inspectors Registered Pile Driving Inspector................................................................
Registered Materials Special Inspector.....................................................................
QAlQC ..Inspector.....................................................................................................
Materials Technician.................................................................................................
Nondestructive Testing .............................................................................................
Miscellaneous Senior Construction Consultant...............................................................
Project QAlQC Consultant........................................................................................
Coring Asphalt, Concrete, Masonry and Gunite...............................1......................
Drafting ......................................................................................................................
Word Processing ........................................................................................................
Sample Pick Up (San Diego County) .........................................................................
USA Mark out ..........................................................................................................
LABORATORY TESTING
Soils Classification (USCS).........................................................................................
Plasticity Index (ASTM D424) .................................................................................
Sieve Analysis, Washed (ASTM D422)....................................................................
Hydrometer Analysis (ASTM D422) ........................................................................
Maximum Density/Optimum Moisture 4" mold (ASTM Dl557)..............................
Maximum Density/Optimum Moisture 6" mold (ASTM DI557)...............................
Natural Density, Ring Samples...................................................................................
Natural Density, Chunk Samples................................................................................
One Dimension Consolidation, per point (ASTMD2435)..........................................
Collapse Potential........................................................................................................
Expansion Index (UBC 29-2).....................................................................................
Direct Shear, Three Points, Nonnal Speed................................................................
Direct Shear, Two Points, Slow Speed ......................................................................
Residual Shear......................................................................................................... ...
Resistance Value (Cal 30 I) .......................................................................................
Resistivity and pH.....................................................................................................
Sulfate Content............................................................................................................
Aggregate Sieve Analysis, Coarse (ASTM C136) .......................................................
Sieve Analysis. Fine Washed (ASTM C136) ..........................................................
6-94
151
135
120
102
92
65
92/*106
76*101
104/*131
200
92/*114
67/*92
67/*92
67/*89
67/*95
120
80/*105
56/*175
62
54
50
60/*84
165
101
66
88
158
175
26
33
42
88
141
148
265
354
230
130
62
47
59
Percent Passing Sieve #200 (AS1M C117) ................................................ .............. 54
Specific Gravity, Coarse (AS1M C127) .................................................................... 54
Specific Gravity, Fine (AS1M C128) ........................................................................ 59
Organic Impurities (AS1M C40).......................................................................... ... ... 47
Soundness, 5 Cycles, Sodium Sulfate (AS1M C88) per size ....................... ....... '" ... 95
Lightweight Pieces (AS1M C123) .................................................................. ..... ...... 118
Clay Lumps and Friable Particles (AS1M C142) ...................................................... 95
Abrasion by L.A. Rattler (AS1M C13I)............................................................... ...... 177
Cleanness Value, minus I" (CaI227) ......................................................................... 71
Durability Index (CaI229) .......................................................................................... 177
Sand Equivalent (CaI217) .......................................................................................... 66
Percent Crushed Particles (CaI205)............................................................................ 95
Absorption, Coarse or Fine ......................................................................................... 30
Asphalt Concrete Maximum Bulk Specific Gravity (CaI308) ........................................ 103
Maximum Theoretical Specific Gravity(AS1MD2041)............................................ 106
Bulk Specific Gravity, Cores (AS1M Dl188) ............................................................ 47
Sieve Analysis Extracted Aggregate (AS1M D2172) ....................................... .......... 71
Percent Bitumen........................................................................................................... 148
Stability and Flow, Fabricate & Test (AS1M Dl559) ......................................... .... ... 118
Stabilometer (CaI304)................................................................................ ............. ... 118
Film Stripping (AS1M .Dl664)....................................................................... ...... ..... 141
Percent Swell (CaI305) .............................................................................. ............... 118
Concrete Mix Design or Review.................................................................................... 130
Compressive Strength, 6"xI2" Cylinders (AS1M C39) ............................................. 22
Compressive Strength, Core (ASTM c42) ........................................................... ....... 47
Compressive Strength, Shotcrete Panel 3 Cores (UBC 1922.10) .......... ...... .............. 230
Splitting Tensile Strength, 6"xI2" Cylinder (AS1M C496)......................................... 59
Flexural Strength, 6"x6"x24" Beam (AS1M C78)....................................................... 59
Length Change, 3 Bars, 4 Readings (CaI537) ............................................................ 294
Masonry Compressive Strength, Block 8"x8"xI6" (AS1M C140) .............................. ... 42
Compressive Strength, Prisms 8"xI6"x8" or smaller...................................... ............. 88
Compressive Strength, Prisms Larger than 8"xI6"x8" (AS1M E447)......... ........... .... 118
Compressive Strength, Grout 3"x3"x6" (UBC 24-26) (AS1M E447)......................... 22
Compressive Strength, Mortar 2"x4" (UBC 21-16)........................................... .......... 22
Linear Shrinkage, Block (AS1M C426)....................................................... ..... ......... 207
Efflorescence, Block (AS1M C67)............................................................................. 47
Metals Tensile Strength, #3 - #8 Reinforcing Steel (ASTM E8).................................... 59
Tensile Strength, #9, 10, II Reinforcing Steel (ASTM E8)........................ ......... ... .... 71
Bend Test, #3 - #11 Reinforcing Steel (ASTM E8).................................................... 35
.
TERMS AND CONDITIONS
Field services will be charged from portal to portal with the following minimum charges:
. A one-hour minimum charge will be applied to materials sampling and sample pickups.
. A two-hour show-up charge will be applied to any service canceled after 4:00 PM, the
previous day.
. A four-hour minimum charge will be applied to field inspection.
. A six -hour charge will be applied to all field services requiring between four and six
hours.
. An eight-hour charge will be applied to all field services requiring between six and eight
hours.
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. Work in excess of twelve hours in a day will be charged in one-hour increments at 2.0
times the standard rate.
. The Director of Industrial Relations (DIR) may dictate periodic increases to the
prevailing wage during the duration of this project/contract. SCS&T will increase our
hourly rate on the effective date determined by the DIR, by a factor of 1.8 times the
hourly increase. The personnel and laboratory rates shall apply for the life of the contract,
except personnel subject to prevailing wages as they will be subject to increases as defined
by the California Labor Code.
Work performed by field or laboratory personnel prior to 7:00 AM, after 5:00 PM and on
Saturdays, will be charged at 1.5 times the standard rate. Work performed on Sundays or
company recognized holidays will be charged at twice the standard rate.
Company recognized holidays: New Years Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Day after Thanksgiving, Christmas Day.
Rental of special equipment or employment of subcontracted services will be charged at cost
plus 20 percent. Per diem charges will be applied to projects outside a 50-mile radius of our
office. Mileage will be charged at the rate of 35 cents per mile for distances over 50 miles from
the location of dispatch.
Invoices for all services completed or in progress will be submitted semi-monthly. These
invoices are due in full upon presentation to the client. Invoices outstanding over 30 days will be
considered past due. A finance charge will be computed at the rate of 1.5 percent per month,
which is an annual rate of 18 percent, and charged on all past due accounts. If legal action is
brought on delinquent accounts, the prevailing party shall be entitled to recover its reasonable
attorney's fees and other costs of collection.
Our professional engineering, geology, and inspection services are performed in accordance
with the current standards of practice in the industry. No other warranty or representation,
express or implied, is made or intended.
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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
11." I Aft--
Ann Moore
City Attorney
Dated: 12/12/05
AGREEMENT WITH KLEINFELDER, INC. TO
PROVIDE ON-CALL MATERIALS TESTING, ETC.
FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
6-97
Parties and Recital Page(s)
Agreement between
City ofChula Vista
and
Kleinfelder.
To conduct on call Materials Testing, Geotechnical and Building Special Inspection
Consulting Services
This agreement (" Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otheIWise specified in Exhibit
A, Paragraph I is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the City has a Capital Improvement Program (CIP) for various locations in the
City; and,
WHEREAS, the City has the need for on call Materials Testing, Geotechnical and Building
Special Inspection Consulting Services during said programs projects' design and construction
phases; and,
WHEREAS, A Request for Qualifications (RFQ) was issued with a due date of July 28,
2005; and,
WHEREAS, on said date, the City ofChula Vista received six (6) statement of qualifications
(SOQ) from firms interested in providing said consultant services; and,
WHEREAS, after the City completed their review of the SOQs and proceded with the
interview process for all six firms, the City selected Kleinfelder as one of four Consultant to provide
the services necessary; and,
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can deliver the services required of Consultant to City within the time
frames herein provided all in accordance with the terms and conditions ofthis Agreement;
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NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
I. Consultant's Duties
A. General Duties
Consultant shall perform all ofthe services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement.
The General Duties and the work and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to complete the Defined Services by the
times indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Services"), and
upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant
shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in
Exhibit A, Paragraph II (C), unless a separate fixed fee is otherwise agreed upon. All compensation
for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
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exercised by members of the profession currently practicing under similar conditions and in similar
locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of" A, Class V" or better, or shall
meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in
the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away ITom premises owned or rented by Consultant, which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same manner as members of the
general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(I) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating
same, which shall be reviewed and approved by the Risk Manager.
H. Securitv for Performance.
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(1) Perfonnance Bond.
.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Perfonnance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Perfonnance Bond"), then Consultant
shall provide to the City a perfonnance bond in the fonn prescribed by the City and by
such sureties which are authorized to transact such business in the State of California,
listed as approved by the United States Department of Treasury Circular 570,
http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Proj ect is located to issue bonds for the limits
so required. Fonn must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the tenn, "Perfonnance Bond", in said
Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit callable by the City at their
unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the tenns of this Agreement. The letter of
credit shall be issued by a bank, and be in a fonn and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adj acent to the tenn,
"Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Perfonnance Bond or a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the subparagraph entitled
"Other Security"), then Consultant shall provide to the City such other security therein
listed in a fonn and amount satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 ofthe Chula Vista Municipal Code.
6-101
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement. The City shall permit access to its office facilities, files and records
by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the
information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing ITom Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more ITequently than monthly,
on the day ofthe period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for
all services rendered by Consultant according to the terms and conditions set forth in Exhibit A,
Paragraph II, adjacent to the governing compensation relationship indicated by a "checkmark" next
to the appropriate arrangement, subj ect to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and
shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent them
in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
6-102
.
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of the
time specified for the completion of the respective work assignment or Deliverable, the consultant
shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect of
delays to the work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report e.conomic interests to the City Clerk on the required Statement
of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
B. Decline to Participate.
.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
6-103
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
farnily members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subj ect matter of the
Defined Services, or in any property within 2 radial miles ITom the exterior boundaries of any
property which may be the subj ect matter ofthe Defined Services, ("Prohibited Interest"), other than
as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except
with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
third party which may be in conflict with Consultant's responsibilities under this Agreement, except
with the written permission of City.
7. Hold Harmless
6-104
Consultant shall defend, indemnify, protect and hold hannless the City, its elected and appointed
officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) arising out of or alleged by third parties to be the result
of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legally responsible in connection with the execution of the work covered by this Agreement, except
only for those claims, damages, liability, costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees.
Also covered is liability arising from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions of the City, its agents, officers, or employees which may
be in combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant shall
defend, indemnify, protect and hold hannless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability, cost and expense (including without
limitation attorneys fees) except for those claims arising from the negligence or willful misconduct
of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability
incurred by the
City, its officers, agents or employees in defending against such claims, whether the same proceed to
judgment or not. Consultant's obligations under this Section shall not be limited by any prior or
subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive
the termination ofthis Agreement.
For those professionals who are required to be licensed by the state (e.g. architects and engineers),
the following indemnification provisions should be utilized:
I. Indemnification and Hold Hannless Agreement.
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by the
acts or omissions ofthe Consultant, or Consultant's employees, agents, and officers, arising out of
any services performed involving this project, except liability for Professional Services covered
under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold hannless the City,
its agents, officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent acts or
omissions of the City, its agents, officers, or employees which maybe in combination with the active
or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any
third party. The Consultant's duty to indemnify, protect and hold hannless shall not include any
claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents,
6-105
officers or employees. This section in no way alters, affects or modifies the Consultant's obligation
and duties under Section Exhibit A to this Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project, the
Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and
employees from and against any and all liability, claims, costs, and damages, including but not
limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or
indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees,
agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any
claims or liability arising from the negligence or willful misconduct of the City, its agents, officers
and employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereof at
least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared
by Consultant shall, at the option of the City, become the property of the City, and Consultant shall
be entitled to receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence, errors, or
omissions in the performance of work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become City's
sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph,
6-106
Consultant shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation arising under
this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City.
.
City hereby consents to the assignment of the portions ofthe Defined Services identified in
Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
.
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics,
forms or other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the services required under this
Agreement. City maintains the right only to rej ect or accept Consultant's work products. Consultant
and any of the Consultant's agents, employees or representatives are, for all purposes under this
Agreement, an independent contractor and shall not be deemed to be an employee of City, and none
of them shall be entitled to any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold
the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
6-107
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may trom time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the implementation of
same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who
is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause the
inclusion of, in said report or document, a statement ofthe numbers and cost in dollar amounts of all
contracts and subcontracts relating to the preparation ofthe report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
6-108
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified herein as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction fiom its principal to enter into this Agreement, and that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be govemed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula Vista.
[end of page. next page is signature page.]
6-109
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Signature Page
to
Agreement between City of Chula Vista and KJeinfelder,
To conduct on call Materials Testing, Geotechnical and BuiJding Special Inspection
Consulting Services
[N WITNESS WHEREOF, City and Consultant have ,xecuted this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to
its terms:
CITY OF CHULA VISTA
Kleinfelder
By:
Stephen C, Padilla, Mayor
By:
ohn Moossazadeh,
Vice President/Regional
Manager
ATTEST:
Susan Bigelow, City Clerk
Approved as to f'~rm by;
Ann Moore, City Attorney
Exhibit List to Agreement
(X) Exhibit A.
(X) Exhibit B.
6-110
Exhibit A
to
Agreement between
City of Chula Vista
and
Kleinfelder,
To conduct on call Materials Testing, Geotechnical and Building Special Inspection
Consulting Services
1. Effective Date of Agreement: Same as approved
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency ofthe City of Chu1a Vista, a political subdivision ofthe
State of California
() Industrial Development Authority of the City ofChula Vista, a
()
Other:
form]
, a [insert business
3. Place of Business for City:
CityofChula Vista,
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
4. Consultant:
Kleinfe1der.
5015 Shoreham Place
San Diego, CA 92122
Office 858.320.2000
Fax 858.320.2001
6-111
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
5015 Shoreham Place
San Diego, CA 92122
Office 858.320.2000
Fax 858.320.2001
I. General Duties:
Consultant shall provide Materials Testing, Geotechnical and Building Special Inspection
Consulting Services at the direction and to the satisfaction of the Director of General Services at
construction sites and facilities designated by the City of Chula Vista.
The Consultant shall provide:
A. Materials testing laboratory facilities staffed with personnel qualified to
perform sampling arid testing of portland cement concrete, soils, treated
soils, crushed aggregate base, bituminous materials, and other building materials, as
required.
The materials testing laboratory must have a documented Quality Assurance
Program (QAP) in conformance with Chapter 16 ofthe CALTRANS Local
Assistance Procedures Manual. The Consultant shall also provide a copy of the
QAP on a yearly basis.
B. Geotechnical/soil engineering services for City-funded projects during
earthwork construction operations, including geotechnical/soils engineering
observations during site preparation for placement of fill and construction of
sub-drainage systems.
C. Personnel that are experienced in the testing of materials used in the
construction of public works facilities and familiar with the San Diego Area
Regional Standard Drawings, the Green Book and Chapter 17 of the 2001 California
Building Code. The City shall have the right to make a determination as to the
qualifications of individual personnel and shall have the right to require substitution of
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non-qualified individuals with qualified personnel at any time. Personal assigned to City
Of Chula Vista proj ects shall obtain approval from the City on an annual basis.
The Consultant's QAP must include procedures and policies in which
personnel are certified to perform the materials testing and sampling
requested by City.
D. Materials Testing, Geotechnical and Building Special Inspection
Consulting Services in response to the City's request at the times and locations as
determined by the Director of General Services. The City shall make requests for services
with 24 hours notice.
E. A documented internal laboratory QAP for all required laboratory
analyses and procedures. All reference standards and equipment calibrations shall be
traceable to the National Institute of Standards and Technology.
F. Assurances that all samples are logged and traceable in personal, lab, times, tests, results
and disposal.
G. Assurances that all instruments and devices to be utilized in field and laboratory
analyses are properly maintained and calibrated in accordance with the
Consultant's QAP.
H. Provide the City of Chula Vista with all original data, reports, records, etc. of
field and laboratory analyses, as well as certified copies of all calibration and
maintenance records on an annual basis. Further, the Consultant shall maintain
copies of all records related to field and laboratory testing performed under the
contract for a minimum of five years from the date of the sample, easurement,
report, etc. This period may be extended during the course of any
unresolved litigation or when requested by the City of Chula Vista.
1. Billing forms and procedures used shall be acceptable to the City and shall include all test
results reports billed during that period.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
1. Materials Testing
The Consultant shall perform the required materials, soils, sampling, and inspection III
accordance with test methods and standards established by the American Society for
6-113
Testing and Materials (ASTM), the State of California Department of Transportation
(CalTrans), and the Environmental Protection Agency (EPA), as specified by the
Director of General Services. Subject to the provisions of section 11 below, the work shall be
paid for on an hourly and unit price per test basis, which shall include all costs such as
testing, reports, report review, storing of specimens, and test cylinders, as listed in the fee
schedule (Exhibit B)
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City proj ects
during earthwork construction operations that the Director of General Services detennines are
necessary to meet finished grades shown on the plans and cross-sections. Consultant shall
provide geotechnical engineering observation during site preparation for placement of fill and
construction of subdrains. Consultant shall make recommendations regarding the removal
of unsuitable material for fills and methods of compaction based on previous geotechnical
investigations and Consultant's observations. For test results that failed, Consultant shall provide
analysis of the failure and a recommendation of possible solutions in the signed and stamped
report. On test that passed, Consultant shall state so in the signed and stamped report provided to
the City. Said reports shall include the appropriate specification next to the test results.
Consultant's services will be on an as-needed basis. Subject to the provisions in section II below,
payment shall be on an hourly and unit paid per test basis for each City.
ill. Building Special Inspection
The Consultant shall perform the required Building Special Inspection services
inspection as directed by the City of Chula Vista in accordance with test methods and
standards established by the American Society for Testing and Materials (ASTM),
Chapter 17 of the 200 I California Building Code, the State of California Department of
Transportation (CaITrans), and the Environmental Protection Agency (EPA), as specified
by the Director of General Services. The work shall be paid for on an hourly and unit
price per test basis. Subject to the provision in section II below, the price per test shall include
all associated costs such as testing, reports, report review, storing of specimens, and test
cylinders, as listed in the fee schedule (Exhibit B)
IV. Accounting and Billings
Consultant shall provide separate invoices for each City project identified.
Every invoice will list all work performed on proj ect. Invoice shall show total amount billed
to date for project, payments received, and amount due. All work elements shall be
itemized, i.e. tests performed, personnel chargeslhours, equipment costs, etc. All re-test shall be
6-114
identified and explained on the invoice. City shall be billed within four (4) weeks of work
performance and shall include all test results reports billed during that period.
Consultant shall only be paid for work done at the request of the City. If additional work is
requested by others, Consultant shall obtain a verbal authorization from the City. In addition, the
Consultant shall include on respective invoice the following documentation for said additional
work: l)who requested the work, 2)who approved the work, 3)date of work, 4)who performed
the work and 5)Time in and out. 6)total of exact hours worked
The Consultant shall forfeit and will not receive payment for work performed and billed to
City more than sixty (60) calendar days after performance of work.
V. Personnel
John Moossazadeh, PE. shall serve as Project Manager and single point of
contact for the City. The City shall reserve the right of refusing personnel assigned to a
proj ect by the Consultant.
VI. Reports
Consultant shall provide City with written reports on test results within 3-
working days after completion of test results. Test results are to be faxed to FAX number
directed by the City as soon as final test results are available.
VII. Conflict of Interest
Consultant shall not retain any clients who are doing work under permits
or contractual agreements with the City of Chula Vista unless otherwise approved in writing by
Director of General Services
IX. Work not listed in Schedule
.
If an occasion arises whereby the City requests work to be done which is not
listed in this schedule, the price of providing this work shall be negotiated in good faith
between the City and the Consultant. The negotiated price( s) shall not exceed the
Schedule of Charges labeled as Exhibit B to this agreement between the City and
Consultant.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
6-115
Deliverable NO.2:
Deliverable NO.3:
D. Date for completion of all Consultant services: December 31, 2008. City has the
option to extend this agreement for up to two additional years. Said extension shall be by mutual
agreement between City and Consultant with out going through the City's Consultant selection
process as outlined in the City's Municipal Code. The City Contract Administrator shall give
notice of election to extend this agreement by sending notice by letter to Consultant not later than
three months prior to expiration of the term.
9. Insurance Requirements:
1. General Liability:
(Including operations,
products and completed
operations, as appiicable.)
2. Automobile Liability
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liabiiity insurance with a
general aggregate iimit is used, either the general aggregate iimit
must apply separately to this project/location or the general
aggregate iimit must be tv.ice the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-poiicy iimit
$1,000,000 disease-€ach employee
4. Professional Liabiiity or $ 500,000.00 each occurrence
Errors & Omissions Liability $1,000,000 poiicy aggregate
10. Materials Required to be Supplied by City to Consultant: None
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all ofthe Defined Services by Consultant as herein required, City shall pay a
single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth
below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
6-116
.
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the
compensation due for each phase on a percentage of completion basis for each given phase such
that, at the end of each phase only the compensation for that phase has been paid. Any payments
made hereunder shall be considered as interest free loans which must be returned to the City if
the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall
receive credit against the compensation due for that phase. The retention amount or percentage
set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the
phase, the full retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the
Contracts Administrator designated herein by the City, or such other person as the City Manager
shall designate, but only upon such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the Contractor shall have represented
in writing that said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to a time and
materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or De1iverab1es set forth. Consultant
shall not commence Services under any Phase, and shall not be entitled to the compensation
for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
6-117
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defmed Services by Consultant as herein required, City shall pay
Consultant for the productive hours oftime spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(I) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein required of Consultant for $xxxx
including all Materials, and other "reimbursable" ("Maximum Compensation").
(2) ( x ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ 750,000 ("Authorization Limit"), Consultant shall not be entitled to any additional
compensation without further authorization issued in writing and approved by the
City. Nothing herein shall preclude Consultant from providing additional Services at
Consultant's own cost and expense. See Exhibit B for wage rates.
() Hourly rates may increase by 6% for services rendered after xxx if delay in
providing services is caused by City.
12. Materials Reimbursement Arrangement
6-118
For the cost of out of pocket expenses incurred by Consultant in the perfonnance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
(x) Outside Services:
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
Cost Plus 15%
.
(x)
Other Actual Identifiable
City- Approved Direct Costs:
Cost Plus 15%
13. Contract Administrators:
City:
Roberto Yano, Sr. Civil Engineer
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
Telephone: (619) 397-6217
Fax: (619) 397-6250
.
Consultant: John Moossazadeh, PE.
Vice PresidentlRegional Manager
Kleinfelder.
5015 Shoreham Place
San Diego, CA 92122
Office 858.320.2000
Fax 858.320.2001
.
14. Liquidated Damages Rate:
( ) $_perday.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
6-119
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income
subj ect to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale of
real property.
( ) Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of
the type which, witbiI) the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18 Bill Processing:
A Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
6-120
(X) End of the Month
( ) Other:
C City's Account Number: Varies Project-by-Project
.
19 Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
( ) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other: Completion and Delivery of Final Reports to the satisfaction of
the Director of General Services
6-121
Exhibit B
BASIS OF CHARGES
I. Invoices will be issued on a periodic basis, or upon completion of a project, whichever is sooner. The
net cash amount of this invoice is payable on presentation of the invoice. If not paid within 30 days
after the date of the invoice, the unpaid balance shall be subject to a FINANCE CHARGE of 1.5% per
month, which is an ANNUAL PERCENTAGE RATE of 18%.
2. A two-hour minimum charge will be made for all field services. A four-hour minimum charge will be
made for any field services in excess of two hours. A six-hour minimum charge will be made for field
services in excess of four hours per day. An eight-hour minimum charge will be made for field
services in excess of six hours per day. A one-hour minimum charge per day will be made for any
office services.
3. Time worked other than 7am to 5pm or in excess of8 hours per day or weekend\holidaywork will be
charged at 1.5 times the hourly rate. Time worked in excess of 12 hours per day will be charged at 2
times the hourly rate.
4. All non-environmental and uncontaminated samples may be disposed of at Kleinfelder' s discretion 30
days after submission of final report, unless prior arrangements are made. All environmental samples
may be returned to clients at Kleinfelder's discretion 30 days after submission of final report, unless
prior arrangements are made.
5. Proper disposal or handling of soil boring cuttings, well development and purge waters, decontamina-
tion solutions, and other contaminated/potentially contaminated materials is the responsibility of the
client. Kleinfelder can provide containers for onsite containment and can advise the client regarding
proper handling procedures.
Public works projects or projects receiving public funds may be subject to California Prevailing Wage laws.
The above rates do not apply to projects subject to prevailing wages in California. Hourly rates for those
projects will be supplied separately. The personnel and laboratory rates shall apply for the life of the
contract, except personnel subject to prevailiugwages as they wiIl be subject to Increases as defined by
the California Labor Code
PROFESSIONAL STAFF RATES.
* Applies to all professional rates including but not limited to civil, mechanical, chemical, electrical,
geotechnical and environmental engineers; industrial hygienists; geologists; hydrogeologists;
hydrologists; and computer specialists.
Professional I ..................................................................................................................
Professional II .................................................................................................................
Staff Professional I ..........................................................................................................
Staff Professional II 1 Project Manager I.........................................................................
Project Professional 1 Project Manager II ........................................................................
Senior Professional 1 Senior Project Manager .................................................................
Principal Professional .....................................................................................................
Program/Client Manager I..... ..... ............... ... ..... ......................... ........... .... .... ............ .....
Program/Client Manager II .............................................................................................
Senior Principal Professional........ ...... .......... ........ .............. ........ ....... .... ..... ............ ........
Senior Program/Client Manager......................................................................................
6-122
$ 99 1 hour
$ 1091 hour
$ 118/hour
$ 1281 hour
$ 1371 hour
$ 1561 hour
$ 175/hour
$ 175/hour
$ 1851 hour
$ 1851 hour
$ 1941 hour
.
ADMINISTRA TIVEfTECHNICAL ST AFF RATES
Administrative I ..............................................................................................................
Proj ect Administrator I ...................................................................................................
Proj ect Administrator II ..................................................................................................
Technician I .....................:..............................................................................................
Technician II ...................................................................................................................
Technician ill ................... .......... .......... ....................................... ................... ... ......... .....
Senior Technician ...........................................................................................................
Supervisory Technician ..................................................................................................
Draftsperson.................................................................................................................... .
CADD Operator.. ................. ...... ..... .... ......... ................ .................... ... .... .................. .......
Designer ..........................................................................................................................
Minimum Charges For Office Time Per Day...................................................................
GEOTECHNICAL/MATERIALS TESTING EQUIPMENT CHARGES
MATERIALS TESTING EQUIPMENT
Skidmore Wilhelm Bolt Tension Calibrator ....................................................................
Torque Wrench ...... ........ ......... ........ ............. ............. .... ... ................... .... ....... ..................
Schmidt Hammer ............................ ............. .................... ..... ...... ..... ... ................. ...... ......
R Meter (pachometer) ............. ... ....... ... ... ..... ........... ..... .... ..... ...... .....................................
Windsor Probe ....... ... .............. ........ ..... ... ...... ........ ............................ ....... ............ ..... .......
Anchor Bolt Testing Device ............................................................................................
Concrete Vapor Transmission Test Kit.................................................................. FI869
Thin Lift Nuclear Asphalt Gauge ....................................................................................
Nuclear Asphalt Content Gauge ........... ....................................... ................... ........ .........
Coring Machine with Generator ......................................................................................
Floor Flatness Testing Device..........................................................................................
Diamond Bit Core Barrel Charge
2" Diameter ... ........... ... ... .............. ...................... ...... ........... .... ..................... ...... ... ....
3" Diameter .......... .......... .................. ..... .................... ....... ... ............. ..... ........ ..... .......
4" Diameter ... ................................... ........ ................ ... ..... ................ .... ......... ............
611 DiaITIeter ...............................................................................................................
8" Diameter ....... ... ...... .......................... .......... .... ... .... ............ ..... ....... ...... ...... ............
Minimum bit charge-6" per job
SOIL AND AGGREGATE TESTS
.
COMPACTION CURVES
Standard 4" Mold..................................................................................D-698 Method A
Standard 6" Mold..............................................................................D-698 Method B, C
6-123
$ 70 / hour
$ 79/hour
$ 90 / hour
$ 71/hour
$ 77 / hour
$ 86 / hour
$ 95/ hour
$ 104/ hour
$ 80/hour
$ 95 / hour
$ 104/ hour
One Hour at
Applicable Rate
$ 50.00 / day
$ 45.00 / day
$ 50.00 / day
$ 70.00 / day
$ 25.00 / shot
$140.00/ day
$ 30.00 / kit
$100.00/ day
$100.00/ day
$150.00/ day
$100.00/ day
$ 2.00 / inch
$ 3.00/ inch
$ 4.00/ inch
$ 6.00/ inch
$ 8.00/ inch
$180.00/ each
$195.00/ each
Modified, 4" Mold ..............................................................................D-1557 Method A
Modified, 6" Mold..........................................................................D-1557 Method B, C
California hnpact, Dry Method.... ........ ........ ............. .................. ............ ....... CAL-216-F
California hnpact, Wet Method ........................................................................ CAL-216
Check Point.... ............................... ........ ....... ............................... .....................................
Relative Density (Maximum and Minimum) ......................................... D-4253 & 4254
SOIL AND AGGREGATE STABILITY
R-Value, Untreated Material or field Sample .....................................D-2844, CAL-301
R-Value, Reproportioned or Chemically -Treated .............................. D-2844, CAL-301
Correction for oversized material in sample .......................................D-2844, CAL-301
C.B.R. 100% Compaction (Includes compaction curve) ....................................D-1883
c.B.R. Other Compaction Effort (Includes compaction curve) ........................... D-1883
Soil Cement, C.T.B., Mix Design...............................................................................,....
C.T.B. Compression Test, (Includes Preparation)............................................. CAL-312
Lime-Treated Compression Test
(Includes Opt. Moist. Determ.) Set of3 ......................................................... CAL-373
Check Point............... ........................ ... ... .......... .... ... ..... ............ ....... ........... ...... CAL-373
Cement-Treated Compression Test, Set 00......................................... PCA EB052.06S
BASIC SOIL AND AGGREGATE PROPERTIES
Sieve Analysis, Coarse and Fine Including Wash..................... C-13 6, D-422, CAL- 202
Sieve Analysis, Coarse (Retained on No.4 Sieve) ............................... C-136, CAL-202
Sieve Analysis, Fine Including Wash (Passing No.4 Sieve) ................ C-136, CAL-202
Sieve Analysis, Wash (% Finer than No. 200 Sieve)............................... C-117, D-1140
Hydrometer (Without Sieve Analysis) ..................................................D-422, CAL-203
Hydrometer (Including Sieve Analysis)................................................ D-422, CAL-203
Specific Gravity ............................................................................. C-127, C-128, D-854
Sand Equivalent, Average of3 ...........................................................D-2419, CAL-217
Sand Equivalent, One Point Method................................................................................
Plasticity Index ................................................................................... D-4318, CAL-204
Liquid Limit. ...... .............. ................ ..... ....... ........................... ....... ..... D-4318, CAL-204
Expansion Index Test ........................................................................D-4829, UBC 18-2
Swell Pressure, Per Point..................................................................................... D-4546
Moisture Determination and Unit Weight................................D-2216, D-2937, D-4643
Moisture Determination Only ...............................................D-2216, D-4643, CAL-226
Resistivity of Soil (Laboratory Measurement) ................................. CAL-532, CAL-643
pH Test (Laboratory Measurement) ........... ........... ........ ......... ............. .............EP A-9045
pH Test, Lime Treated Soils .................................................................................. C-977
Organic Content-Soils... ........... ......................................................... ..... .............. D-2974
Pinhole Test for Dispersive Soils......................................................................... D-4647
Dielectric Constant..........................................................................................................
HYDRAULIC CONDUCTIVITY
Flexible Wall, Falling Head....................................................D-5084, EM 1110-2-1906
Rigid Wall Permeability of Undisturbed Sample, up to No.4 Sieve Size .......................
Rigid Wall, Constant Head, Gravel..................................................................... D-5856
SAMPLE PREPARATION
Trimming. ..... ... ...... ............ .......... ... ...... ... ................. ............. ...... ........ ... ... ......................
Remolding ........ ...................... ... ...... ........... ........ ... ........ ......... ... .... ....... ....... .......... .... ......
Splitting.......................................................................................................................... .
6-124
$180.00 I each
$195.00 I each
$195.00 I each
$155.00 I each
$100.00 I each
$295.00 I set
$240.00 I each
$285.00 I each
$ 65.00 I each
$530.00 I each
$700.00 I each
On Request
$850.00 I each
$850.00 I each
$300.00 I each
$540.00 I each
$125.00 I each
$ 75.00 I each
$105.00 I each
$ 75.00 I each
$150.00 I each
$230.00 I each
$ 85.00 I each
$ 95.00 I each
$ 70.00 I each
$150.00 I each
$100.00 I each
$150.00 I each
$100.00 I each
$ 45.00 I each
$ 20.00 I each
$145.00 I each
$ 50.00 I each
$120.00 I each
$ 90.00 I each
$250.00 I each
$ 51.50 I each
$325.00 I each
$165.00 leach
$165.00 I each
$ 50.00 I each
$ 65.00 I each
$ 25.00 I each
Mixing and Processing..................................................................................................... $ 65.00 I hour
.
SHEAR STRENGTH AND CONSOLIDATION TESTS
Unconfmed Compression, Including Moisture Content & Unit Weigh!.............. D-2l66
Triaxial Compression Test
Quick Per Point.........................................................................................................
UU Saturated................................................................................................. D- 2850
CD Saturated ..................................................................................EM-lllO-2-1906
CU Saturated................................................................................................. D-4 7 67
CU Saturated with Pore Water Pressure........................................................ D-4767
Direct Shear (Quick) Per Point (Dry)................................................................... D-3080
Direct Shear (3 point staged test) (Saturated) ..................................................................
Direct Shear (Residual) Per Point (Saturated)..................................................................
Consolidation, With Two Time Rates.................................................................. D-2435
Constant Rate of Strain Consolidation, With Time Rate ..................................... D-4186
Consolidation, Without Time Rate, Six Load Increments.................................... D-2435
Collapse Potential................................................................................................ D-5 3 3 3
$105.00 leach
$130.00 I point
$215.00 I point
$325.00 I point
$260.00 I point
$375.00 I point
$110.00 leach
$285.00 I each
$115.00 I point
$365.00 I test
$570.00 I test
$285.00 I test
$105.00 leach
Note: Special testing procedures that deviate from standard will be charged on a time and expense basis.
SOIL AND AGGREGATE TESTS (Continued)
.
AGGREGATE QUALITY
Inj urious Organic Matter.......................................................................................... C-40
Absorption, Gravel ............................................................................... C-127, CAL-206
Absorption, Sand .................................................................................. C-128, CAL-207
Unit Weight, Average of 3 ...................................................................... C-29, CAL-212
Los Angeles Abrasion Test-500 Revolutions........................................ C-13I, CAL-211
Los Angeles Abrasion Test-I,OOO Revolutions..................................... C-535, CAL-211
Sulfate Soundness (5 Cycles) Per Sieve Size.......................................... C-88, CAL-214
Mortar Making Properties of Sand.......................................................... C-87, CAL-515
Potential Reactivity Test ........................................................................................ C-289
Cleanness Test (Referee Test)........................................................................... CAL-227
Crushed Particles per sieve size ............................................................ D-693, CAL-205
Flat and Elongated Particles per sieve size ..............................D-4791, CE-119, CE-120
Clay Lumps and Friable Particles .......................................................................... C-142
Lightweight Pieces in Aggregate ........................................................................... C-123
Durability, Fine ............. ....... .......................... ...................... ............... D-3744, CAL-229
Durability, Coarse.... .......... ................. ......... ............. ......... ............ ..... D-3 744, CAL-229
Durability Index, Coarse and Fine ......................................................D-3744, CAL-229
CONCRETE
Concrete Mix Design Review ..........................................................................................
Laboratory Trial Batch, Including Compression Testing of Six Specimens ....................
Concrete Cylinder Cured and/or Compression Tested............................ C-39, CAL-521
Compression Test, Lightweight Insulating Concrete ............................................. C-495
Unit Weight of Concrete Cylinders........................................................................ C-138
Flexural Strength, Concrete Beam.............................................. C-78, C-293, CAL-523
6-125
$ 55.00 I each
$ 55.00 I each
$ 90.00 I each
$ 65.00 I test
$155.00 I each
$200.00 I each
$ 90.00 I each
$500.00 I each
On Request
$135.00 I each
$100.00 I each
$100.00 I each
$100.00 I each
$300.00 I each
$100.00 I each
$165.00 I each
$250.00 I test
$190.00 I each
$540.00 I each
$ 24.00 I each
$ 50.00 I each
$ 50.00 I each
$ 95.00 I each
Compression Test, GunitelShotcrete Panel, Set of6 Cores ................................. C-1140
Compression Test on Cored Specimens (Includes End Preparation) ....................... C-42
Cylinder Molds .... .... ..... .................................................. ........ ... .... ......... ... ................ ......
Drying Shrinkage Test, set of3 ............................................................................. C-157
Modulus of Elasticity of6" x 12" Concrete Cylinder ............................................ C-469
Splitting Tensile Strength .. ............................. ...... ........ ..... ............................... ..... C-496
Cement Content of Hardened Concrete ................................................................... C-85
Density of Spray Applied Fireproofing...................................................................E_605
Unit Weight of Lightweight Concrete.................................................................... C-567
Mortar Bar Expansion (Short-Term Expansion, 0-14 days)................................. C-1260
Mortar Bar Expansion (Long-Term Expansion, more than 14 days) ..................... C-227
* Does not include coring
MASONRY
Grout or Mortar Specimen
Cured and/or Compression Tested
.........................................C-109, C-579, C-942, C-IOI9, UBC 21-16, UBC 21-18
Compression Test, Masonry Units...........................................................................CI40
Compression Test, 8 x 8 x 16 Prisms or smaller................................ E-447, UBC 21-17
Compression Test, 10 x 8 x 16 Prisms or smaller .............................. E-447, UBC 21-17
Compression Test, 12 x 8 x 16 Prisms or smaller.............................. E-447, UBC 21-17
Absorption and Received Moisture, Masonry Uni!................................................ C-140
Lineal Shrinkage, Masonry Units .......................................................................... C-426
Compression Strength, Brick................................................................................... C-67
Modulus of Rupture, Brick...................................................................................... C-67
Absorption Test, Brick, 5-Hour with Coefficient..................................................... C-67
Shear Test on Masonry or Brick Cores ............................................................. CAL-644
Grout or Mortar Mold ......................................................................................................
Breaking Load, Roof Tile ................................................................................ UBC 15-5
Absorption, Roof Tile ...................................................................................... UBC 15-5
Permeability, Roof Tile.... .......................... ... .... ... ............ ......... .... .... ... ........ ... .......... .......
ASPHALT
Centrifuge Kerosene Equivalent ....................................................................... CAL-303
Extraction, % Bitumen.........................................D-1856, D-2ln, CAL-31O, CAL-362
Extraction, % Bitumen, with Gradation...........................................................................
Film Stripping......... ... ................... .................... .... .......... ..... ...... .... ....... ..... ....... CAL-302
Stabilometer Test and Mixing ofSample............................................D-1560, CAL-366
Stabilometer Test on Premixed Sample ...............................................D-1560, CAL-366
Swell...... .... ... .... ... .... ..... ......... ...................... ... ......... ........ ............... .................. CAL-305
Moisture Vapor Susceptibility, in Addition to Stabilometer ............................. CAL-307
Complete Design of Wearing Surface for a Given Asphalt
and Aggregate, Hveem or Marshall Method .............................................................
Marshall Stability and Flow-Set of3 (Without Mixing) ...................................... D-1559
Marshall Stability and Flow-Set of3 (Lab Mixed) .............................................. D-1559
Superpave Mix Design-Preliminary Voids Analysis only (PMA)..... FHW A SA-95-003
Superpave Mix Design (Excludes Binder or Agg. Qual. testing) ...... FHW A SA-95-003
6-126
$230.00 / set
$ 55.00/ each*
$ 2.75 / each
$400.00 / each
$216.30/ each
$ 70.00 / each
On Request
$ 65.00 / each
$ 65.00 / each
$950.00 / each
$1,900.00/ each
$ 24.00 / each
$ 55.00 / each
$ 90.00 / each
$100.00/ each
$110.00/ each
$ 65.00 / each
$150.00/ each
$ 55.00 / each
$ 65.00 / each
$100.00 / each
$ 50.00 / each
$ 2.75 / each
$ 40.00 / each
$ 65.00 / each
$110.00/ each
$215.00/ each
$140.00 / each
$240.00 / each
$105.00/each
$250.00 / each
$140.00 / each
$115.00/each
$225.00 / each
On Request
$320.00 / set
$410.00/ set
$2,800.00/ each
$2,800.00/ each
Unit Weight of Core or Compacted Sample .........................D-1188, D-2726, CAL-308
Maximum Density of Mix by Marshall Method, Set of 3 (Without Mixing)...................
Maximum Density of Mix by Hveem Method, Set of 5 (Without Mixing)
... .............. ............. ....................................................................... D-1561, CAL-304
Maximum Theoretical Specific Gravity (Rice Method)...................... D-2041, CAL-309
Index of Retained Strength ....................................................................D-I074, D-I075
.
METALS
.
Tensile, up to 0.5 sq. in. Cross Sectional Area
..............................................................A-36, A-500, A-570, A-572, A-615, A-706
Tensile, 0.5 to 1.8 sq. in. Cross Sectional Area
..............................................................A-36, A-500, A-570, A-572, A-615, A-706
Tensile, > 1.8 sq. in. Cross Sectional Area ......................................................................
..............................................................A-36, A-500, A-570, A-572, A-615, A-706
Bend Test. .............. ................... ............ ............ ................. .......... .............. A-370, A-709
Tensile and Bend, up to 0.5 sq. in. Cross Sectional Area ................................................
Tensile and Bend, 0.5 to 1.8 sq. in...................................................................................
Tensile and Bend, > 1.8 sq. in. Cross Sectional Area ......................................................
505 Tensile ................................................................................................A-370, A-709
Rebar Coupler, Slippage Test, Including Ultimate Tensile Strength
.. ....... ................... ... ..... ............................ ..... ................................. A-370, CTM-670
Rebar Coupler, Ultimate Strength, Tensile Only................................. A-370, CTM-670
Rebar Splice Test (Ultimate), Tensile (sample or control bar)............. A-370, CTM-670
P.T. Standard Tensile Strength .............................................................................. A-421
High-Strength Rod Tensile, to 2.25" Diameter..............................A-354, A-615, A-722
High-Strength Rod Tensile, greater than 2.25" Diameter ..............A-354, A-615, A-722
Charpy V-Notch Impact, Set of3 .......................................................................... A-673
Epoxy-Coated Rebar and Wire, Bend Test....................................A-775, A-884, A-934
Epoxy-Coated Rebar and Wire, Holiday Test................................ A-775, A-884, A-934
Epoxy-Coated Rebar and Wire, Thickness of Coating ..................A-775, A-884, A-934
Rockwell Hardness (per Piece).....................A-307, A-325, A-449, A-563, E-18, F-844
Rockwell Hardness, Bolt Assembly (Set of 3)
...............................................................A-307, A-325, A-449, A-563, E-18, F-844
Dimension Verification (Bolt, Nut, Washer, or P.T. Strand)
.............................................................A-307, A-325, A-449, A-563, F-436, F-844
Proof Load (Bolt, Nut, or High-Strength Rod) ................................................................
........................................................................ A-307, A-325, A-449, A-563, F-606
Bolt Thread Pitch Verification............................... A-307, A-325, A-449, A-563, F-606
Bolt Wedge Tensile ............................................... A-307, A-325, A-449, A-563, F-606
Thickness of Coating (per Piece) ............................................................................E-376
Weight of Coating.... ..... .................... ................ .... ........ ... ....... ...... ... .............. .......... A-90
WELDING QUALIFICATIONS-STRUCTURAL STEEL
(pHYSICAL TEST METHOD-ASME, A WS, API, TITLE 21)
.
Operator Performance and Procedure Tests.....................................................................
Machining and Material Costs ............ ............................. ....................... .............. ...........
Guided Bend Test, face or root........................................................................................
Side Bend Test..... .... ... ................ .... ... .... ... ..... .................. .............. ..... ........ .....................
Free Bend Test.................................................................................................................
6-127
$ 45.00 / each
$185.00/set
$250.00 / set
$130.00 / each
$1,000.00/ each
$ 65.00 / each'
$ 75.00 / each'
$ 85.00 / each'
$ 35.00 / each'
$ 80.00 / each'
$ 90.00 / each'
On Request
$ 80.00 / each'
$115.00/ each
$ 70.00 / each
$ 70.00 / each
$130.00 / each
$ 70.00 / each
$125.00 / each
$160.00 / each'
$ 20.00 / each
$ 20.00 / each
$ 20.00 / each
$ 45.00 / each
$IIO.OO/each
$ 45.00 / each
$ 45.00 / each
$ 45.00 / each
$ 45.00 / each
$ 45.00 / each
$100.00/ each
On Request
At Cost +15%
$ 35.00 / each'
$ 35.00 / each'
$ 35.00 / each'
Tensile Test (reduced section) ........................................ .................................. ............ ...
Macroetch Test................................................................................................................
Fracture Test....................................................................................................................
T Bend Test. ......... ........... ........... ............ ....... ... ....... ........ .............. .... ........ ......................
Notch Test............. ... ...... ............. ....... ... ......... ............... ...... .............................................
Qualification tests also available by X-ray procedures.....................................................
.
Does not include machining costs, if required.
ROOFING TESTS
Standard Quantitative Analysis (Weight of Bitumen, Ply Structure Diagram) ................
Standard Quantitative Analysis With Gravel (Includes Weight of Gravel)......................
Quantitative Analysis........................................................................................... D-2829
Quantitative Analysis (New Roofs) ..................................................................... D-3617
Unit Weight of Surfacing .................. .................. ..... ....... .......... .... ... ................ ........ .... ....
Unit Weight of Sample .......... ..... .......................... ............ .......... .......... .......... .................
Diagram of Sample .. ......... ..... ........ .... ..... ....... ........................ ................. ... ........ ........... ...
Void Analysis. ........... ....................................... ........... ... ........... .... ................ ... ... ............
Ply Type Identification.....................................................................................................
Mat Type Identification ...... ..... ....... ...... ....... ... ..................... .................. ..........................
Bitumen Sample Recovery............. ... .......... ...... ....... .... ... ................. ................. ....... ........
Compliance Report .. .............. ..... ........ ....... ............... ..... .... ......... ......... ... .... .....................
Roof Moisture Survey......................................................................................................
Bitumen Content of Adhered Aggregate.............................................................. D-4074
OTHER EQUIPMENT CHARGES
GEOPHYSICAL EXPLORATION EQUIPMENT
Seismograph, Single Channel Bison Model 1570C or Nimbus
Model ES-125 ......... ..................... .......... ................. ...................... ............... ............
Seismograph, Twelve Channel Nimbus Model ESI210F ..............................................
Resistivity Meter, Bison Model #2390 ...........................................................................
Soil Test Model R-40C ............................................................................................
Megger Earth Tester .................................................................................................
Magnetometer, Portable Proton-Geometrics Model 6816 ...............................................
Electromagnetics .............................................................................................................
Terrain Conductivity Meter
Geonics Model EM 31 ..............................................................................................
Downhole Shear Wave Velocity Measurement ...............................................................
Blast and Vibration Monitor, VM-IOO (Normal set up and takedown) ...........................
Slope Indicator (4-hour minimum) ..................................................................................
Pneumatic Piezometer Indicator
Sinco Model 5141 I-A................................................................................... ............
Sealed Double Ring Infiltrometer
Test Equipment ...... .... ..... ......... .... ....... ..................... ... ....... ... .... ..... ............ ...............
6-128
$ 65.00 / each'
$100.00/ each
$ 35.00 / each'
$ 35.00 / each'
$ 35.00 / each'
On Request
$200.00 / each
$250.00 / each
$350.00 / each
$250.00 / each
$ 90.00 / each
$ 80.00 / each
$100.00/ each
$100.00/ each
$ 75.00 / each
$ 75.00 / each
$300.00 / each
On Request
On Request
$100.00/ each
$195.00/ day
$510.00 / day
$170.00 / day
$139.05/ day
$108.00 / day
$195.00/ day
$226.60 / day
$206.00 / day
On Request
$412.00 / day
$ 48.41 / hour
$185.40/ day
On Request
COUNCIL AGENDA STATEMENT
Item '7
Meeting Date 12/20/05
ITEM TITLE: Resolution Approving Second Amendment to Agreement between City of
Chula Vista and A TCN ancom Corporation and authorizing the Mayor to execute the
Amendment
SUBMITTED BY: Director of Public Works Operation&.( k
REVIEWED BY: City Manager 1f ~77?:. {/ 1/ Ksths Vote: Yes _ No-X-J
The current agreement between the City and ATCNancom, the City's public transit provider, does not
include an agreement extension clause. City Transit staff believes that amending the existing contract with an
"Option Term(s)" clause would provide the City a valuable opportunity to negotiate costs and service
improvements for continuance of the service provided if so desired.
RECOMMENDATION: That Council adopt the resolution approving the Second Amendment to the City
and ATCNancom Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
On March 12, 2002, Council approved the Agreement between the City and ATCNancom, Inc. for operation
ofChula Vista Transit (CVT) and Maintenance of the CVT fleet for the period July 1, 2002 through June 30,
2007. At that time City Transit staff used the Metropolitan Transit System's (MTS) contract format that did
not include an "Option Term (s)" clause. The City has included and exercised option terms in past transit
contracts, as has MTS.
The current agreement contains only a Carryover Term clause that allows the City to extend the services
provided for up to six consecutive one-month periods after the base term. Staff believes it would be valuable
for the City to have an Option Term (s) clause amended to the existing agreement. The Option Term (s)
clause will give the City an option to extend the contract for up to five-years or to put the contract out for
competitive procurement.
The implementation of this extension would depend on the operating performance and cost proposal of
A TCN ancom. City Transit staff will work closely with MTS, our transit funding agency, to make sure the
option selected best benefits transit at the City and Regional levels. Additionally, if negotiations are
successful, Staff will return to Council for its approval to amend the existing contract per the extension
term( s) negotiated.
FISCAL IMPACT: CVT operations and capital programming contains no City of Chula Vista General Fund
contribution.
ATTACHMENTS: 1) Original Agreement - Pro Forma Contract Section XI
2) Second Amendment to Agreement between City of Chula Vista and
ATCNancom
File: DS-027/040
H:\Public Works Opern.tions\Al13's 2006\A113 2nd Amendment to A TC Agre1:!!-,tdoc
Pro Forma Contract
.,
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA
AND
A TCN ANCOM, INC.
FOR
CVT FIXED-ROUTE BUS SERVICES
-- - - --- -.- --.- -- . - --~
B-1
7-2
/) .vY2.J-_OCoIS
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND ATCNANCOM,INC.
FOR CVT FIXED-ROUTE BUS SERVICES
THIS AGREEMENT is ma'de and entered into this day of , 2002, by
and between the City of Chula Vista, hereinafter referred to as "AGENCY" and ATCNANCOM,
hereinafter referred to as "CONTRACTOR..
.
WIT N E SSE T H:
WHEREAS, the AGENCY is an eligible transit operator to the extent authorized by
Section 99210 of the Public Utilities Code; and
WHEREAS, the AGENCY provides fixed-route public transit services to the City of Chula
Vista and portions of the jurisdictional areas of the City of National City and the County of San
Diego; and
WHEREAS, the AGENCY has authority to enter into Agreements with transit companies
for provision of public transportation service in unincorporated areas and the above-stated
jurisdictions; and
WHEREAS, CONTRACTOR has represented that it has the necessary expertise,
personnel, and other resources, and is qualified to perform' such services.
NOW, THEREFORE, it is mutually understood and agreed as follows:
I. STATEMENT OF WORK
CONTRACTOR shall operate and manage pUblic transit bus service in the area herein specified
in a manner acceptable to the AGENCY and in strict compliance with this Agreement and with
the requirements set forth. in Exhibit A, entitled .Scope of Work", attached hereto and by this
reference incorporated herein and made a part thereqf. CONTRACTOR's Technical Proposal
submittal shall also be attached to this Agreement and incorporated as a plan for fulfilling the
requirements in the Scope of Work.
II. GENERAL PROVISIONS
A. Chanqes
The AGENCY, or its designated representative, may at any time,'by written
order, make changes withil"1 the general scope of this Agreement, in the definition
of services to be performed, and the time and place of performance thereof. If
any such change causes an increase or decrease in the cost of or the time
required for the performance of any part of the work under this Agreement,
whether changed or not changed by any such order, an equitable adjustment
shall be made in the Agreement price or delivery schedule, or both, and the
Agreement shall be modified in writing accordingly. Any claim by the
Pro Forma Contract
B-1
7-3
CONTRACTOR for adjustment under this clause must be asserted within 30
days from the date of receipt by the CONTRACTOR of the notification of change.
However, if the AGENCY, or its designated representative decides that the facts
justify such action, the AGENCY, or its designated representative may receive
and act upon any such claim asserted at any time prior to final payment under
this Agreement. Where the cost of property made obsolete or excess as a result
of a change is included in the CONTRACTOR's claim for adjustment, the
AGENCY, or its designated representative shall have the right to prescribe the
manner of disposition of such property. Failure to agree to any adjustment shall
be a. dispute concerning a question of fact within the meaning of the clause of
this Agreement entitled "Disputes". However, nothing in this clause shall excuse
the CONTRACTOR from proceeding with the Agreement as changed.
Additions/deletions of routes, as well as modifications including changes in route
mileage or timetables, shall not be considered as 'changes' for the purposes of
this Article. Additions/deletions of routes, modifications to route mileage or
timetables, and compensation relating thereto, are governed solely by Article III .
of this Agreement.
B. Disputes
Except as otherwise provided in this Agreement, any dispute concerning a
question of fact arising under this Agreement which is not disposed of by
agreement shall be decided by the AGENCY, or its designated representative,
which shall furnish the decision to CONTRACTOR in writing. The decision of the
AGENCY, or its designated representative shall be final and conclusive unless
determined by a court of competent jurisdiction to have been fraudulent or
capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith.
CONTRACTOR shall proceed diligently with the performance of the Agreement
pending the AGENCY, or its designated representative's decision.
The "Disputes" clause does not preclude consideration of legal questions in
connection with decisions provided for in paragraph 1 above. Nothing in this
Agreement shall be construed as making final the decision of any administrative
official, representative, or board on a question of law.
C. Termination for Convenience of the AGENCY
1. The performance of work under this Agreement may be terminated by the
AGENCY in accordance with this clause in whole, or from time to time, in part,
with 30 days written notice, whenever the AGENCY shall determine that such
termination is in the best interest of the AGENCY. Any such termination shall be
effected by delivery to the CONTRACTOR of a Notice ofTermination specifying
the extent to which performance of work under the Agreement is terminated, and
the date upon which such termination becomes effective.
2. After receipt of a Notice of Termination, and except as otherwise directed
by the AGENCY, the CONTRACTOR shall:
Pro Forma Contract B-2
7-4
a. Stop work under the Agreement on the date and to the extent specified in
the Notice of Termination.
b. Place no further orders pr subcontracts for materials, services or facilities
except as may be necessary for completion of such portion of the work
under the Agreement as is not terminated.
c. Terminate all orders and subcontracts to the extent that they relate to the
performance of work terminated by the Notice of Termination.
d. Assign to the AGENCY all of the rights, title, and interests of the
CONTRACTOR under the orders and subcontracts so terminated, in
which case the AGENCY shall have the right, in its discretion, to settle or
pay any or all claims arising out of the termination of such orders and
subcontracts.
e. Settle all outstanding liabilities and all claims arising out of such
termination of orders and subcontracts.
f. Complete performance of such part of the work as shall not have been
terminated by the Notice of Termination.
g. Take such action as may be necessary, or as the AGENCY may direct,
for the protection and preservation of the property related to this
Agreement which is in the possession of the CONTRACTOR and in which
the AGENCY has, or may acquire, interest.
3. After receipt of a Notice of Termination, the CONTRACTOR shall submit to the
AGENCY a verified termination claim. Such claim shall be submitted promptly
but in no event later than gO days from the effective date of termination, unless
one or more extensions in writing are granted by the AGENCY upon request of
the CONTRACTOR made in writing within such gO-day period or authorized
extension thereof.
4.
The CONTRACTOR and the AGENCY may agree upon the whole or any part of
the amount or amounts to be paid to the CONTRACTOR by reason of the total or
partial termination of work pursuant to this clause, which amount or amounts may
include a reasonable allowance for profit on work done; provided that such
agreed amount or amounts, exclusive of settlement costs, shall not exceed the
total Agreement price as reduced by the amount of payments otherwise made
and further reduced by the Agreement price of work not terminated. In no event
shall the AGENCY be liable for any loss of profits on the portion of the
Agreement so terminated. The Agreement shall be amended accordingly, and
the CONTRACTOR shall be paid the agreed amount.
.
D. Default and Excess Re-Procurement Liabilitv
The AGENCY may, by written notice of default to CONTRACTOR, terminate this
Agreement in whole or in part should CONTRACTOR fail to make satisfactory
progress, fail to deliver within time specified herein or fail to deliver in strict
conformance to specifications and requirements set forth herein. In the event of
.
Pro Forma Contract
B-3
7-5
such termination, the AGENCY reserves the right to purchase or obtain the items
supplied and/or services elsewhere, and the defaulting CONTRACTOR shall be
liable for the difference between the prices set forth in this Agreement and the
actual cost thereof to the AGENCY. The prevailing market price shall be
considered the fair repurchase price.
If, after notice of termination of the Agreement under the provisions of this
clause, it is determined for any reason that the CONTRACTOR was not in default
under this clause, the rights and obligations of the parties shall, if the Agreement
contains a clause providing for termination for convenience of the AGENCY, be
the same as if the notice of termination had been issued pursuant to such clause.
The rights and remedies of the AGENCY provided in this article shall not be
exclusive and are in addition to any other rights and remedies provided by law or
this Agreement.
The AGENCY may terminate this Agreement if a federal or state proceeding for
the relief of debtors is undertaken by or against the CONTRACTOR or if
CONTRACTOR makes an assignment for the benefit of creditors.
If the CONTRACTOR must pay the AGENCY under this clause, the AGENCY
may utilize payments due CONTRACTOR in order to obtain payment due the
AGENCY.
E. RiQht to Acquire Equipment and Services
Nothing in this Agreement shall prohibit the AGENCY from acquiring the same
type or equivalent equipment and/or services from other sources When deemed
by the AGENCY to be in its best interest. .
F. GoverninQ Law
This Agreement shall be construed and interpreted according to the laws of the
State of California.
G. CONTRACTOR Assiqnrnents and Subcontractinq
Neither this Agreement, nor any interest herein, nor hereunder may be assigned
by CONTRACTOR either voluntarily or by operation of law, nor may all or
substantially all of this Agreement be subcontracted by CONTRACTOR without
the prior written consent of the AGENCY. No consent shall be deemed to relieve
CONTRACTOR of its obligations to comply fully with the requirements hereof.
H. Audit and Inspection of Records
The AGENCY shall have the audit and inspection rights described in this section.
Cost and/or pricing data - If the CONTRACTOR submitted cost or pricing data in
connection with the pricing of this Agreement or any change or modifications
thereto, unless such pricing was based on adequate price competition,
established catalog or market prices of commercial items sold in substantial
Pro Forma Contract
7P:..t
quantities to the general public, or prices set by law or regulation, the Contracting
Officer or his representatives who are employees of the AGENCY or its agent
shall have the right to examine all books, records, documents and other data of
the CONTRACTOR related to the negotiation pricing or performance of such
Agreement, change or modification, for the purpose of evaluating the accuracy,
completeness and currency of the cost or pricing data submitted.
CONTRACTOR shall maintain such books, records, data, and documents by
generally accepted accounting principles as required by the uniform system of
accounts and records adopted by the State Controller pursuant to Section 99243
of the Public Utilities Code and as required by the Transportation Planning
Agencies. .
Availability - The materials described above shall be made available at the
Maxwell Maintenance Facility (MMF), at all reasonable times, for inspection,
audit or reproduction, until the expiration of tihree (3) years from the date of final
payment under this Agreement, or by (a) and (b) below:
a. If this Agreement is completely or partially terminated, the records relating
to the work terminated shall be made available for a .period of three (3)
years from the date of any resulting final settlement.
b. Records which relate to appeals under the "Disputes" clause of this
Agreement, or litigation or the settlement of claims arising out of the
performance of this Agreement, shall be made available until such
appeals, litigation, or claims have been disposed of, or three (3) years
after Agreement completion, whichever is longer.
The CONTRACTOR shall insert a clause containing all the provisions of
this entire clause in all subcontracts hereunder except altered as
necessary for proper identification of the contracting parties and the
General Manager under the AGENCY's prime Agreement.
I. Inspection of Service
AU performance (which includes services, materials, supplies, and equipment
fumished or utilized in the performance under this Agreement, and workmanship
in the performance of services) shall be subject to inspection and test by the
AGENCY at all times during the term of the Agreement. The CONTRACTOR
shall provide adequate cooperation to any inspector assigned by the AGENCY to
permit the inspector(s) to determine the CONTRACTOR's conformity with these
specifications and the adequacy of the services being contractually provided. All
inspection by the AGENCY shall be made in such a manner as not to unduly
interfere with CONTRACTOR performance.
If any services performed hereunder are not in conformity with the specifications
and requirements of this Agreement, the AGENCY shall have the rightto require
the CONTRACTOR to perform the services in conformity with said specifications
and requirements at no increase in the total Agreement amount. When the
services to be performed are of such a nature that the difference cannot be
Pro Forma Contract
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corrected, the AGENCY shall have the right to:
a. require the CONTRACTOR to immediately take all necessary actions to
ensure future performance of the services in conformity with the
requirements of the Agreement, and
b. reduce the Agreement price to reflect the reduced value of the services
performed. In the event the CONTRACTOR fails to perform the services
promptly or take necessary actions to ensure future performance of the
service in conformity with the specifications and requirements of the
Agreement, the AGENCY shall have the right to either:
(1) by the Agreement or otherwise have the services performed in
conformity with the Agreement specifications and charge to the
CONTRACTOR any cost occasioned to the AGENCY that is
directly related to the performance of such services, or
(2) terminate the Agreement for default as provided in the
"Termination" clause.
J. Federal. State. and Local Laws
CONTRACTOR warrants that in the performance of this Agreement it shall
. comply with all lawful federal, state, and local orders, rules, regulations, and/or
requirements such as the Americans with Disabilities Act, the California
Department of Motor Vehicles Pull-Notice System for drivers, and any other
matter that impacts safety, eligibility for funding, risk exposure, or other relevant
area of endeavor.
K. Data Reported
CONTRACTOR agrees that all data, including, but not limited to, reports and
information, required to be furnished by this Agreement together with any other
information furnished orally shall be free from proprietary restrictions except as
elsewhere authorized in this Agreement. CONTRACTOR further agrees that all
such data is owned by the AGENCY and that CONTRACTOR shall have no
interest or claim thereto. The CONTRACTOR further agrees to participate as
requested by the AGENCY in research and/or evaluative studies designed to
show the effectiveness of services provided under this Agreement.
L. Equal Opportunity and Affirmative Action
In connection with the carrying out of this Agreement, CONTRACTOR and
AGENCY shall not discriminate against any employee or applicant for
employment because of race, creed, color, gender, marital status, medical
condition, disability, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer, recruitment
advertising, layoff or termination, rates of payor other forms of compensation,
and selection for training, including apprenticeship. CONTRACTOR shall comply
with all AGENCY requirements for affirmative action programs for vendors.
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M. Non-Discrimination on the Basis of Disability
CONTRACTOR shall comply with all federal, state and county regulations
implementing Section 504 of the Rehabilitation Act of 1973, 29 USC 706 as
promulgated by the Department of Justice in Title 28, Code of Federal
Reguiations, Part 41 and the Americans With Disabilities Act of 1990. The
Metropolitan Transit Development Board (MTDB) will provide, outside the scope
of this agreement, the required ADA complementary paratransit service.
N. Special Fundino Consideration
This Agreement will be financed with funds available to the AGENCY under
Article 4.0 of the California Transportation Development Act (TDA), other regional
funding, and fare revenues. This Agreement is contingent upon the receipt of
these funds by the AGENCY. In the event that funding from these sources is
eliminated or decreased, the AGENCY reserves the right to tenminate this
Agreement or modify it accordingly. The CONTRACTOR hereby expressly
waives any and all claims against the County of San Diego, MTDB, and the cities
of National City, and Chula Vista for damages arising from the termination,
suspension or reduction of the funds provided under which this Agreement is
made.
O. Confiict of Interest
The CONTRACTOR covenants that it presently has no interest, including but not
limited to other projects or independent contracts, and shall not acquire any such
interest, direct or indirect, which would confiict in any manner or degree with the
performance of services required to be perfonmed under this Agreement. The
CONTRACTOR further covenants that in the perfonmance of this Agreement, no
person having any such interest shall be employed or retained by it under this
Agreement. .
P. Conduct of Contractor
The CONTRACTOR agrees to infonm the AGENCY of all the CONTRACTOR's
interests, if any, which are or which the CONTRACTOR believes to be
incompatible with any interests of the AGENCY.
The CONTRACTOR shall not, under circumstances which might reasonably be
. interpreted as an attempt to influence the recipient in the conduct of his duties,
accept any gratuity or special favor from individuals or organizations with whom
the CONTRACTOR is doing business or proposing to do business, in
accomplishing work under this Agreement.
The CONTRACTOR shall not use for personal gain or make other improper use
of privileged information that is acquired in connection with his employment. In
this connection, the term "privileged information" includes, but is not limited to,
unpublished information relating to technological and scientific development;
medical, personnel, or security records of individuals; anticipated materials
requirements or pricing actions; and, knowledge of selections of contractors or
subcontractors in advance of official announcement.
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The CONTRACTOR or employees thereof shall not offer gifts, gratuity, favors, or
entertainment directly or indirectly to AGENCY employees.
Q. Non-Discrimination in Service Deliverv
CONTRACTOR shall ensure that services are provided to the public without
regard to race, color, religion, ancestry, gender, marital status, age, national
origin, ethnic group identification, medical condition, or disability.
R. DruQ and Alcohol Free Workplace
CONTRACTOR shall meet all requirements set forth by the Federal
government's Omnibus Transportation Employee Act of 1991, in regards to
controlled substance and alcohol use and testing.
As a material condition of this Agreement, the CONTRACTOR agrees that the
CONTRACTOR and CONTRACTOR employees, while performing service for the
AGENCY, on AGENCY property, or using AGENCY vehicles and/or equipment:
a. Shall not be in any way impaired because of being under the influence of
alcohol or drug.
b. Shall not possess an open container of alcohol or consume alcohol or
possess or ingest an illegal drug.
c. Shall not sell, offer, provide, or transfer alcohol or drug to another person
directly or indirectly. (This paragraph shall not apply to a CONTRACTOR
or its employees who as part of the performance of normal job duties and
responsibilities prescribes and/or administers medically prescribed
drugs.)
The CONTRACTOR shall inform all employees that are performing services for
the. AGENCY, or are on AGENCY property, or are using AGENCY vehicles
and/or AGENCY equipment, of the AGENCY objective of a safe, healthful, and
productive workplace, and the prohibition of drug and alcohol use or impairment
from s.ame while peiforming such service for the AGENCY.
The AGENCY may terminate for Default or Breach of this Agreement and any
other Agreement the CONTRACTOR has with the AGENCY, if the
CONTRACTOR's employees are determined by the AGENCY, or its designated
representative, not to be in compliance with the conditions listed herein.
S. Subcontracts
CONTRACTOR shall include the provisions of clauses H, I, J, K, L, M, N, 0, P,
Q, and R of this Article \I in every subcontract entered into by CONTRACTOR in
furtherance of the performance of this Agreement.
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T. AGENCY Assiqnment of Aqreement
The AGENCY may, at any time during the term of this Agreement, reassign its
responsibilities under this Agreement to another public agency. CONTRACTOR
shall be notified of such reassignment with no less than ten working days written
notice. Written notice shall indicate the effective date of reassignment. Upon
reassignment, all references to "AGENCY" in this Agreement shall be understood
to refer to the public agency identified in the written notice. All conditions,
responsibilities, duties, and requirements of the Agreement, on the part of both
AGENCY and CONTRACTOR, shall remain in full force and effect.
III. PAYMENT
A. Rate per Revenue Service Mile
For CONTRACTOR's full and complete perfonmance under this Agreement, the
AGENCY agrees to pay CONTRACTOR the rates per Revenue Service Mile
indicated below:
.
LOCAL Operating Cost per
Agreement Year Revenue Service Mile
Year #1: 7/1/02 through 6/30/03 = $3.1518
Year #2: 7/1/03 throuGh .6/30/04 = $3.2461
Year #3: 7/1/04 through 6/30/05 = $3.3432
Year #4: 7/1/05 through 6/30/06 = $3.4433
Year #5: 7/1/06 through 6/30/07 = $3.5464
B. Chanqe in Estimated Miles
.
At any time, the AGENCY may require CONTRACTOR to increase or decrease
the revenue service miles provided. If the increase does not exceed fifty percent
(50%), or if the decrease does not exceed twenty percent (20%) of the original
total estimated revenue service miles, the revenue service mileage rate specified
above shall remain in effect.
If, because of:
(a) the AGENCY's requirement to increase or decrease revenue service miles,
(b) the AGENCY's requirement to change time tables, or
(c) strike, civil disaster or public calamity,
the individual or cumulative change in revenue mileage exceeds fifty percent
(50%) of the original total estimated revenue service mileage, the AGENCY and
CONTRACTOR shall negotiate a new revenue service mileage rate on this new
revenue service mileage that exceeds 50 percent (50%) of the original total
estimated revenue service mileage or to all remaining revenue service miles if
such mileage is decreased by more than twenty percent (20%) from the original
total estimated revenue service mileage:
The AGENCY is estimating that the CONTRACTOR will operate 7,355,000
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scheduled vehicle revenue service miles during the base term of this Agreement.
It must be noted that this mileage figure is only an estimate and that the actual
number of revenue service miles operated may differ from this estimate.
Estimated Scheduled Revenue Service Miles:
7/1/02-6/30/03 =
7/1/03-6/30/04 =
7/1/04-6/30/05 =
7/1/05-6/30/06 =
7/1/06-6/30/07 =
1,427,500
1,427,500
1,500,000
1,500,000
1,500,000
7,355,000
C. Rate per Revenue Hour for Additional Scheduled or Unscheduled Service
CONTRACTOR will be paid for scheduled or unscheduled service requested
specifically by AGENCY to maintain service reliability or respond to special,
emergency, or unforeseen situations. CONTRACTOR will not be paid for additional
scheduled or unscheduled service not specifically requested by AGENCY.
AGENCY estimates, but makes no guarantee of 3,000 hours of additional
scheduled or unscheduled service per year. CONTRACTOR shall be paid at the
rates shown below per revenue hour of service specifically requested by AGENCY.
Operating Cost per
Agreement Year Revenue Hour
Year #1: 7/1/02 through 6/30/03 = $19.10
Year #2: 7/1/03 through 6/30/04 . - $19.67
Year #3: 7/1/04 through 6/30/05 - $20.26
Year #4: 7/1/05 through 6/30/06 - $20.86
Year #5: 7/1/06 through 6/30/07 = $21.48
D. Fuel Costs
Fuel costs for all revenue vehicles used exclusively for the services in this
Agreement shall be provided and paid for by the AGENCY. The AGENCY will
pay the entire cost of fuel for these vehicles, including any fuel taxes, excluding
any surcharges for wet-hose fueling.
Under ordinary circumstances, all CNG and diesel vehicles must be fueled at the
Maxwell Maintenance Facility (MMF) using the facility's CNG fuel dispensers and
diesel fuel pumps.
Under extraordinary circumstances (malfunction of facility fuel station, etc.),
CONTRACTOR is responsible for fueling vehicles. Diesel may be purchased off-
site as follows: off-site diesel fuel purchases shall be made from a maximum of
two fueling locations, and the price must be competitive. Price paid by
CONTRACTOR shall be considered competitive if the cost is no more than
5 percent higher (for the same fuel of the same grade) than the average lowest
price charged by three fuel dealers within a ten-mile radius of the MMF (or as
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close as otherwise practicable). Such comparison shall be made by
CONTRACTOR if requested by AGENCY.
Under these same extraordinary circumstances, CONTRACTOR may fuel CNG-
powered vehicles at alternative CNG fueling stations designated by AGENCY
upon prior notification and approval of AGENCY. In such circumstance,
AGENCY will reimburse CONTRACTOR as a pass-through expense with the
monthly invoice.
Vehicles shall be fueled with fuel allowed by vehicle manufacturers'
specifications, unless otherwise specifically requested by AGENCY. Fuel must
meet all State of California Air Resources Board regulations. CONTRACTOR
shall submit to the AGENCY copies of the invoices and/or receipts necessary to
establish the fuel cost paid by CONTRACTOR and the number of gallons/therms
used for each vehicle and in total within the perfonmance of the contract with the
monthly report. Invoices shall include, at a minimum, the vehicle number, date
gallons/thenms fueled, and price paid per gallon/therms. Fuel report shall be
provided in Microsoft Excel fonmatted spreadsheet.
As a public agency, certain fuel taxes paid by CONTRACTOR (the direct fuel
purchaser) may be reimbursable to AGENCY. CONTRACTOR shall be
responsible, at its own cost, for the timely and accurate completion of all
administrative tasks related to the reimbursement of fuel taxes to AGENCY by
the appropriate local, state, and/or federal agencies. Any and all such taxes'
reimbursed by direct payment to CONTRACTOR shall be paid to AGENCY by
deducting the amount from the' next monthly invoice.
AGENCY reserves the right to arrange for CONTRACTOR fuel purchases from
another public transit operator or agency in the region in order to take advantage
of competitive pricing.
E. Fare Revenue Retained
CONTRACTOR shall collect, count, and account for all fare revenues and media
received during the provision of services included in this Agreement. Said fare
revenues shall be deposited into the AGENCY's designated bank account.
CONTRACTOR shall be responsible for all fares collected.
.
Prior to the start of service under this Agreement, CONTRACTOR shall provide
the AGENCY with a written description of CONTRACTOR's procedures
regarding collection, counting, securement, and controlling of fare revenues.
These procedures shall be subject to AGENCY approval. As a part of the fare
revenue procedure, CONTRACTOR shall prepare a "Fare Revenue Report" on a
weekly basis. A copy of this report will be delivered to the AGENCY prior to the
Thursday of the following week. These reports shall indicate amount of fare
revenue expected from passenger counts recorded by drivers on the "Daily Trip
Record." The amount of fare revenue shall be substantiated by actual cash
count including a full reconciliation with registering fareboxes. All fareboxes used
will be cash and coin registering fareboxes that do not have electronic probe
capability.
Pro Forma Contract
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CONTRACTOR shall empty all farebox vaults and count all farebox revenue daily
seven days per week. The actual cash count, the estimated revenue based on
driver passenger counts taken on farebox keypads or manual passenger
counters, and farebox readings shall be reconciled on fare revenue report. The
farebox and revenue control process shall include an exception process to
identify daily any farebox that is not properly registering. Fareboxes that are not
properiy registering shall be repaired within 24 hours.
Fare revenues reported by the CONTRACTOR shall be based on actual cash
counts. When "estimated fares collected" vary from "actual fares counted" by
more than one percent (1 percent), CONTRACTOR shall provide the AGENCY
with written explanation of cause of the variance and indicate what corrective
action will be taken.
F. Other Pass-throuqh Expenses
Any necessary pass-through expenses will be evaluated by the AGENCY and
considered on a case-by-case basis. These amounts, if approved in advance by
the AGENCY, shall be billed as part of the normal monthly invoice.
G. Additional Services
During the term of the Agreement, the AGENCY may require CONTRACTOR to
provide additional services directly related to the service described herein but
outside normal, routine operations shall be considered additional services. The
AGENCY, or its designated representative shall authorize any additional services
in advance of service delivery. Charges for additional services shall be mutually
agreed to, after a determination of fair and reasonableness by the AGENCY, or
its designated representative.
H. Emerqencv Work
In the event of a local emergency and upon the request of the AGENCY, or its
designated representative, CONTRACTOR shall make transportation,
communications, and other desired equipment available for emergency service to
the degree possible. Emergency uses may consist of evacuation, transportation
of injured, movement of people and food to emergency 'shelters, or transportation
in emergency situations that may include failure of another transit operator to
provide service.
CONTRACTOR shall be paid the Rate Per Revenue Hour for additional or
unscheduled service as quoted. Reimbursement for such emergency services
would be over and above the "Maximum Payable" of this Agreement and paid by
monthly invoice.
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I. Start-up Costs and Bonus
Upon commencement of service under this Agreement, CONTRACTOR shall
submit an invoice and be paid for start-up costs and the initial performance
surety costs. Payment of the performance surety shall be made at the beginning
of each year of the contract and shall be made based on the actual invoice paid
for. such performance surety, not to exceed the maximum bid amount for the
performance surety. The CONTRACTOR shall be eligible for two start-up
bonuses. Criteria number one (1), related to hiring shall be paid in November
2002 (as part of the October 2002 invoice), while criteria number two (2), related
to start-up service, shall be paid in August 2002 (as part of the July invoice).
Criteria and bonus amounts are as follows:
BONUS Eligibility Criteria Bonus Amount
CONTRACTOR hires at least 95% of existing CVT Services
drivers for service operated under this agreement.
1 Qualifying drivers must be paid starting at their current or $30,000
hiqher waqe and benefit level' and be retained through at
least October 31, 2002.
.-
To earn Part 2 of the bonus, the following criteria must be
2 met for all of the first seven days of service under this
Agreement. Bonus increment based on completing each
task.
A All pullouts on-time leaving yard $5,000
B Completed trips equal to or greater than 99.75% of $5,000
scheduled trips
C On-time performance equal to or greater than 85% of $5,000
the AGENCY's sample of at least 150 time checks.
D Drivers In the approved uniform while driving in service. $5,000
'''Current or higher wage and benefit level" refers to wage and benefit levels of driver
employed by existing (pre-July 1, 2002) CVT contractor on June 30, 2002.
J. Maximum Pavable
The amount of payment based on estimated revenue service mileage due
CONTRACTOR is estimated to be $24,632,353 for the transit service provided
during the period July 1, 2002 through June 30,2007. The total cost of this
Agreement including initial start-up bonus, start-up costs, cost based on revenue
mileage and revenue hours, performance bonuses (if applicable), fuel adjustment
cost, and carryover term (if applicable) shall not exceed $26,310,019 (see chart
below).
Pro Forma Contract
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CVT FIXED-ROUTE BUS SERVICES
CONTRACT PRICE LIST
EXPENSE YEAR 1 (a)
Initial Start-Up Bonus: 50,000
Performance Surety: 10,000
Start-Up Costs: 25,000 .
($25,000 Maximum)
Per Revenue Mile Cost: 4,499,195 4,633,808 5,014,800 5,164,950
Per Revenue Hr. Cost: 57,300 59,010 60,780 62,580
(a)
Performance Bonuses: 191,300 191,300 200,000 200,000
Other Pass-Through 50,000 51,500 53,045 54,636
Expenses (a):
Total Costs: 4,882,795 4,945,618 5,338,625 5,492,166
(a) Estimate provided by AGENCY.
TOTAL
50,000
50,500
25,000
5,319,600 24,632,353
64,440 304,110
200,000 982,600
56,275 265,456
5,650,815 26,310,019
K. Claims for Payment
CONTRACTOR shall submit a claim for payment to the AGENCY after the end of
each month of the contract term. All payments made by the AGENCY to
CONTRACTOR shall be made in arrears, after the service has been provided.
No payment shall be made for revenue service miles or hours scheduled but not
provided. Payment shall be made by the AGENCY no more than 30 (thirty) days
from the AGENCY's receipt of invoice.
If the AGENCY disputes any item on an invoice, the AGENCY may deduct that
disputed item from payment, but shall not delay payment for undisputed portions.
The amounts and reasons for such deductions shall be documented to
CONTRACTOR within 15 working days after receipt of invoice. Payment shall be
made by voucher or check payable to:
ATCNANCOM
Attention Mr. Bill McCloud
2015 Spring Road, Suite 750
Oak Brook, Illinois 60523
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IV. AGENCY-/CONTRACTOR-FURNISHED EQUIPMENT/FACILITIES
A. In performance of services included in this Agreement, the AGENCY will fumish
vehicles and equipment to CONTRACTOR as stipulated in Exhibit A and
Attachments. Unless otherwise specifically stated in this Agreement, all repairs
and maintenance to this equipment shall be the responsibility of CONTRACTOR
throughout the duration of this Agreement. CONTRACTOR agrees that this
equipment will not be used for any purpose other than that required to operate,
maintain, repair, wash, license, fuel, or other activity associa.ted with this
Agreement's operation unless otherwise specifically authorized by the AGENCY.
CONTRACTOR shall not use AGENCY-owned equipment for the purpose of
transporting drivers to or from relief-on-route points unless previously approved
by AGENCY.
B. AGENCY owns and hereby grants CONTACTOR to operate and maintain certain
real property and improvements located at 1800 Maxwell Road, Chula Vista,
Califomia, 91911 and related facilities beginning July 1,2002 (hereinafter
referred to as "licensed facilities"). The licensed facilities shall be utilized by
CONTRACTOR as required to perform this Agreement. (See Exhibit A and
related Attachment'7 regarding terms and conditions for the improvements and
use of the facility, which hereby are incorporated into this Agreement.)
V. DISENTANGLEMENT
A.
Disentanqlement Process
.
The Disentanglement process (Disentanglement) shall begin on any of the
following dates:
. The date any Termination Notice is delivered by AGENCY pursuant to
Article II.,C. Termination for Convenience of the AGENCY;
. the date the AGENCY notifies CONTRACTOR that no funds or
insufficient funds have been appropriated pursuant to Article II.,N. Special
Funding Considerations;
. the date designated by the AGENCY (not earlier than ninety (90) days
prior to the end of the base term);
. the extended term that the AGENCY has not elected to extend pursuant
. to Article IX.,B. Carryover Term.
CONTRACTOR and the AGENCY shall mutually agree upon the nature and
extent of CONTRACTOR's disentanglement obligations and for the transfer of
Services in process. CONTRACTOR's obligation under this agreement to
provide all services necessary for Disentanglement shall not be lessened in any
respect by this provision. CONTRACTOR shall be required to perform its
Disentanglement obligations within a reasonable time as determined by
AGENCY, if AGENCY terminates the base term pursuant to Article II.,C. or N.
.
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B. GeneralObliqations
Upon disentanglement, CONTRACTOR shall cooperate with the AGENCY and
any new service provider and otherwise promptly take all steps required to assist
the AGENCY in effecting a complete transition of services. Cooperation efforts
include, but are not limited to, the prompt and orderly conclusion of all work, as
the AGENCY may direct, including completion or partial completion of projects,
documentation of work in process, asset transfers and other measures as
agency may deem appropriate. All services related to Disentanglement shall be
deemed a part of the base term. CONTRACTOR's obligation to provide services
shall not cease until this Disentanglement is satisfactory to the AGENCY.
Specific Obliqations inDetail
The Disentanglement Process shall include the performance of the following
specific obligations:
Full Cooperation and Information - Cooperation shall include the provision
(both before and after the cessation of CONTRACTOR's providing all or
any part of the Services under this Agreement) by CONTRACTOR to the
AGENCY of full, complete, detailed, and sufficient information (including
all information then being utilized by CONTRACTOR) to enable the
AGENCY's personnel (or that of third parties) to fully assume and
continue without interruption the provision of the Services.
No Interruption or Adverse Impact - CONTRACTOR shall cooperate with
the AGENCY and all of the AGENCY's other service providers to ensure
a smooth transition at the time of Disentanglement, with no interruption of
'Services, no adverse impact on the provision of Services or the
AGENCY's activities, no interruption of any services provided by third
parties, and no adverse impact on the provision of services provided by
third parties.
Deliverv of Documentation - CONTRACTOR shall deliver to the AGENCY
or its designee, at the AGENCY's request, all documentation and data
related to the provision of services of this Agreement to the AGENCY.
Hirinq of Employees - CONTRACTOR, and if applicable subcontractors,
shall cooperate with and assist the AGENCY or it's designee in offering
employment, at the sole discretion of the AGENCY, to any or all
CONTRACTOR employees (and to any or all employees of
CONTRACTOR's subcontractors) that are substantially involved in the
provision of services whether such offers are made at the time of, after, or
in anticipation of expiration or termination of the Agreement.
C. Preparation for Disentanqlement
Maintenance of Assets - CONTRACTOR shall maintain AGENCY-owned
equipment, and other assets utilized in providing services to the AGENCY, in
good condition and in such locations and configurations as to be readily
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identifiable and transferable back to the AGENCY or its designees in accordance
with the provisions of this Agreement.
VI. PERFORMANCE SURETY
A performance surety is required during the period of this Agreement.
Before the Agreement between the CONTRACTOR and the AGENCY shall be valid or binding
against the AGENCY, the CONTRACTOR shall enter into a joint and several Bond with the
AGENCY for the use of said AGENCY, which bond shall be signed by the CONTRACTOR in
two or more good and sufficient sureties, or with a surety company as surety, and shall be in the
amount of five hundred thousand dollars ($500,000) in which said bond shall at all times be kept
in full force and effect. An irrevocable letter of credit from a bank in the required amount is also
acceptable. Fifty thousand dollars ($50,000) of the bond (or irrevocable letter of credit) shall be
continued for six months beyond the end of this Agreement to ensure CONTRACTOR'S
obligations with respect to disentanglement are met. Said Bond shall be in a form acceptable to
AGENCY attorney and from an A5 rated company at a minimum.
The condition of the Bond or irrevocable letter of credit shall be that the CONTRACTOR shall
fully and faithfully perform all conditions of the Agreement and these specifications.
If it is determined by the AGENCY that the CONTRACTOR has substantially failed to truly keep
and perform the covenants, conditions and agreements this Agreement, and any amendments
thereto made as herein provided, then the AGENCY may require the surety to perform.
The AGENCY shall notify the Surety and give the Surety a reasonable opportunity to perform. If
the Surety fails to perform, the AGENCY shall perform and assess the Surety on its Bond for the
cost of such performance. Cost of such performance includes the costs of all labor and
equipment reasonably necessary to perform the work in CONTRACTOR's absence.
The performance bond or irrevocable letter of Credit shall take effect July 1, 2002, and remain in
full force and effect throughout the duration of this Agreement. The performance bond or
irrevocable letter of credit submitted at the beginning of this Agreement shall cover a term of no
less than one year. CONTRACTOR must renew bond or irrevocable letter of credit throughout
the term of this Agreement. Any bond or irrevocable letter of credit that expires within the period
of this Agreement shall be renewed within 14 days prior to its expiration. If a new or renewed
bond or irrevocable letter of credit is not received by AGENCY within 14 days of the expiration
date of the bond or irrevocable letter of credit being used to satisfy the requirements of this
section, AGENCY shall assess liquidated damages against CONT-RACTOR in the amount of
$100 per day until received by AGENCY. Failure to have bond or irrevocable letter of credit
kept in full force and effect shall be cause for termination of this Agreement.
AGENCY shall reimburse CONTRACTOR for the actual yearly cost of the performance bond or
irrevocable letter of credit. AGENCY shall have the right to reduce the amount of the required
bond, or waive the requirement for a bond, at its'sole discretion.
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VII. LIQUIDATED DAMAGES
From the nature of the services to be rendered, the CONTRACTOR and the AGENCY agree
that it is extremely difficult to fix actual damages which may result from failure on the part of the
CONTRACTOR to perform any of its obligations herein and the resulting loss to the AGENCY.
Therefore, both parties agree that the CONTRACTOR's liability should be limited to, and fixed
at, the sums stated in the charts included in Exhibit A ("Scope of Work"), Articles 13 and 14, as
liquidated damages and not as penalty. These liquidated damages may be deducted
automatically by the AGENCY from CONTRACTOR invoices. The decision of the AGENCY, or
its designated representative, is final with respect to any assessment of liquidated damages.
The AGENCY, or designated representative may rely on information supplied by
CONTRACTOR, by the public, or by staff, as well as by other means in determining assessment'
of liquidated damages.
In addition to the specific items and estimated sums of actual damages presented in Exhibit A
as liquidated damages, AGENCY may, at its discretion, assess the actual damage caused by
the breach as its remedy, and obtain this remedy through set-off against CONTRACTOR or any
other appropriate procedure.
Failure of AGENCY to assert any right which it has under this agreement, or to assess any
liquidated damage as provided herein, shall not act as a waiver to AGENCY's right to enforce
the provisions of this agreement, or assess liquidated damages in the future, except as
specified herein.
The assessment of liquidated damages and/or deductions as provided under this agreement
shall in no way relieve the CONTRACTOR of its obligation to provide sufficient service, vehicles,
or drivers, or to meet any of the terms of this agreement.
VIII. INDEMNITY
Except as may be provided otherwise in the Agreement, CONTRACTOR shall indemnify,
defend and hold harmless "the AGENCY (City of Chula Vista), the Metropolitan Transit
Development Board (MiDB), San Diego Transit Corporation (SDTC), San Diego Trolley, Inc.
(SDTI), San Diego and Arizona Eastern (SD&AE) Railway, San Diego and Imperial Valley
(SD&IV) Railroad, the County of San Diego (County), and National City" their officers, agents
and employees from any and all claims, demands, loss, litigation, 'or liability of any kinds or
nature whether real or alleged which the City of Chula Vista, MTDB, SDTC, SDTI, S[)&AE,
SD&IV, County, and National City, their officers, agents, and employees may sustain or incur, or
which may be imposed upon them, or any of them, for any acts or omissions by
CONTRACTOR, its officers, agents, or employees arising out of or in any way connected with
the performance of work under this Agreement. CONTRACTOR shall have no obligation to
defend or indemnify the City of Chula Vista, MTDB, SDTC, SDTI, SD&AE, SD&IV, County, and
. National City for such injury or harm that may be caused solely or exciusively by fault,
negligence, or willful misconduct of the City of Chula Vista, MTDB, SDTC, SDTI, SD&AE,
SD&IV, County, and National City, or their agents or employees.
Pro Forma Contract
8-18
7-20
.
IX. INDEMNIFICATION FOR ENVIRONMENTAL
.
AGENCY shall provide an underground diesel fuel tank and dispensing system and a waste oil
storage tank at the Maxwell Maintenance Facility (MMF). In the event that the tanks or systems
fail because of a defect or problem caused from the manufacture or installation of the tanks,
AGENCY or the manufacturer will be responsible for repairs and replacement to the system.
AGENCY will be responsible for the daily operation, monitoring, and maintenance of the diesel
fuel tank and system. AGENCY shall maintain the diesel fuel tank and system in a safe
condition at all times and make routine repairs at AGENCY'S sole cost and expense.
CONTRACTOR will be responsible for the daily operation, monitoring, cleaning out, and
maintenance of the waste oil tank and system. CONTRACTOR shall maintain the waste oil tank
and system in a safe condition at all times and make routine repairs at CONTRACTOR's sole
cost and expense.
In addition to the material stored in the waste oii and diesel fuel tanks, it is agreed that, from
time to time, CONTRACTOR may bring materials on the premises to conduct bus maintenance
operations. If for any reason any of this other material escapes the tanks, system, or other
storage devices or containers, CONTRACTOR shall notify AGENCY and any other appropriate
authority immediately.
CONTRACTOR wiil be responsible for all liability and will indemnify, defend, and hold AGENCY .
harmless for all claims, loss, damage, charges, or expenses, including all fines and penalties,
arising out of any actual or threatened environmental impairment arising out of the use of the
facility by CONTRACTOR, unless the liability is found to have resulted form the sole and
exclusive negligence of AGENCY or shall have arisen by reason of a defect in the tanks/system.
CONTRACTOR shall not be liable for any liabilities, penalties, claims, judgements, costs, or
expenses that may be asserted against CONTRACTOR in connection with or arising out of any
condition existing on or prior to the date of CONTRACTOR's possession of the project, and
AGENCY shall hold CONTRACTOR harmless therefrom.
X. INSURANCE
Without limiting CONTRACTOR's indemnification obligations to AGENCY, CONTRACTOR shall
provide and maintain, during the duration of this Agreement and for such other period as may
be required herein, at its sole expense, insurance in the amounts and form described below.
A. Required General Liability Insurance Coveraqe - CONTRACTOR shall procure
either Comprehensive General Liability Insurance or Commercial General
Liability Insurance in the amounts and form set forth below:
Comprehensive General Liability Insurance - A policy of Comprehensive General .
Liability Insurance with a combined single limit (CSL) per occurrence of not less
than fifteen million dollars ($15,000,000) per occurrence;
Required General Liability Policy Coveraqe- Any general liability policy provided
by CONTRACTOR hereunder shall include the following coverage:
Pro Forma Contract
B-19
7-21
a. Premises and Operations
b. Products/Completed Operations
c. Contractual Liability expressly including liability assumed under the
Agreement
d. Personal Injury Liability
e. Independent contractors Liability
f. S.everability of Interest clause providing that the coverage applies
separately to each insured, except with respect to the limits of liability,
and that an act or omission by one of the named insureds shall not
reduce or avoid coverage to the other named insureds.
OR
Commercial GeneralLiability Insurance - A policy of Commercial General
Liability Insurance which provides limits of not less than:
g.
h.
i.
j.
Per Occurrence:
General Aggregate:
Products/Completed Operations:
Personal & Advertising Injury limit:
$15,000,000
$15,000,000
$15,000,000
$15,000,000
For either type of insurance, deductibles shall be declared to and approved by
the AGENCY's Risk Manager. All general liability insurance requested hereunder
must be based upon "occurrence" policy and any "claims made" coverage is not
acceptable.
Add/tionallnsured Endorsement - Any general liability policy provided by
CONTRACTOR hereunder shall contain an endorsement which applies its
coverage to the AGENCY, the members of the Board of the AGENCY and the
officers, agents, employees and volunteers of the AGENCY, individually and
collectively, as additional insureds.
Primary Insurance Endorsement - The coverage afforded by the additional
insured endorsement described above shall apply as primary insurance, and any
other insurance maintained by the AGENCY, the members of the Board of the
AGENCY, or its officers, agents, employees and volunteers, or any AGENCY
self-funded program, shall be excess only and not contributing with such
coverage.
Form of General Liability Insurance Policies - All general liability policies shall be
written to apply to all bodily injury, including death and personal injury, and shall
also apply to property damage and other covered loss, however occasioned,
occurring during the policy term, and shall specifically insure the performance by
CONTRACTOR of that part of the indemnity agreement contained in the
Agreement relating to liability for injury to or death of persons and damage to
property. If the coverage contains one or more aggregate limits, a minimum of
Pro Forma Contract
8-20
7-22
.
50 percent of any such aggregate limit must remain available at all times. If over
50 percent of any aggregate limit has been paid or reserved, AGENCY may
require additional coverage to be purchased by CONTRACTOR to restore the
required limits. CONTRACTOR may combine primary, umbrella and as broad as
possible excess liability coverage to achieve the total limits indicated above. Any
umbrella or excess liability policy shall include the Additional Insured
Endorsement described above. CONTRACTOR shall carry such other insurance
as may be required by law.
B.
Property Insurance - Property insurance on all equipment and other contents
owned, leased, rented, or used by CONTRACTOR, other than the real property,
and permanently-installed facility equipment owned by AGENCY, shall be
required. Such insurance maintained by CONTRACTOR will provide "all risk"
coverage, for either the replacement costs, or actual cash value, and will contain
a waiver of subrogation in favor of The City of Chula Vista, MTOB, SOTC, SOTI,
SO&AE, SO&IV, the County of San Oiego, and National City.
C.
Comprehensive Automobile Liability Insurance - CONTRACTOR shall procure
Comprehensive Automobile Liability Insurance written for bodily injury, including
death, and property damage, however occasioned, occurring during the policy
term, in the amount of not less than fifteen million dollars ($15,000,000),
combined single limit per occurrence, applicable to all owned, non-owned and
hired vehicles.
O.
Automobile Physical Oamaqe - CONTRACTOR is responsible for physical
damage loss to vehicles. Such coverage shall include coverage for loss resulting
from Collision, Specified Perils including fire, lightning, explosion, theft,
vandalism and mischief and loss resulting from maintenance and repair of
vehicles. Any losses shall be adjusted on an Actual Cash Value basis. The City
of Chula Vista will be named as Loss Payable.
E.
Statutorv Workers' Compensation and Employer's Liability Insurance _
CONTRACTOR shall maintain a policy of California Workers' Compensation
coverage in the statutory amount and Employer's Liability coverage for no less
than one million dollars ($1 ,000,000) per occurrence for all employees of
CONTRACTOR engaged in services or operations under the Agreement.
Coverage shall include a waiver of subrogation in favor of AGENCY, a copy of
which shall be provided to the AGENCY.
F.
Subcontractors' Insurance - CONTRACTOR shall make certain that any and all
Subcontractors hired by CONTRACTOR are insured in accordance with this
Agreement. If any Subcontractor's coverage does not comply with the foregoing
provisions, CONTRACTOR shall indemnify and hold AGENCY harmless of and
from any damage, loss, cost or expense, including attorneys' fees, incurred by
. AGENCY as a result thereof.
G.
General Provisions
Additional Insureds - Any and all insurance policies of CONTRACTOR {including,
but not limited to, Comprehensive General Liability Insurance and/or Commercial
General Liability Insurance, Workers' Compensation and Employer's Liability
Pro Forma Contract
8-21
7-23
Insurance, Automobile Liability and Physical Damage Insurance. and
Subcontractors' Insurance) and their documents, endorsements, attachments.
addenda, and renewals shall name the City of Chula Vista, Metropolitan Transit
Development Board (MTDB), San Diego Transit Corporation (SDTC), San Diego
Trolley, Inc. (SDTI), San Diego and Arizona Eastern (SD&AE) Railway, San
Diego and Imperial Valley (SD&IV) Railroad, the County of San Diego, and
National City, and their directors, officers, agents, and employees as additional
insureds.
Evidence of Insurance - CONTRACTOR shall, as soon as practicable following
the placement of insurance required hereunder, but in no event later than the
effective date of the Agreement, deliver to AGENCY certificates of insurance
evidencing the same, together with appropriate separate endorsements,
evidencing that CONTRACTOR has obtained such coverage for the period of the
Agreement. CONTRACTOR shall deliver certified copies of the actual insurance
policies specified herein, within thirty days after commencement of work.
Thereafter, copies of renewal policies, or certificates and apprbpriate separate
endorsements thereof, shall be delivered to AGENCY within ten (10) days prior
to the expiration of the tenm of any policy required herein. CONTRACTOR shall
permit AGENCY at all reasonable times to inspect any policies of insurance of
CONTRACTOR which CONTRACTOR has not delivered to AGENCY.
Failure to Obtain or Maintain Insurance; AGENCY's Remedies _
CONTRACTOR's failure to procure the insurance specified herein, or failure to
deliver certified copies or appropriate certificates of such insurance, or failure to
make the premium payments required by such insurance, shall constitute a
material breach of the Agreement, and AGENCY may, at its option, terminate the
Agreement for any such default by CONTRACTOR.
No Limitation of Obliqations - The foregoing requirements as to the types and
limits of insurance coverage to be maintained by the CONTRACTOR, and any
approval of said insurance by the AGENCY or its insurance CONTRACTOR(s),
are not intended to and shall not in any manner limit or qualify the liabilities and
obligations otherwise assumed by the CONTRACTOR pursuant to the
Agreement, including, but not limited to, the provisions concerning
indemnification.
Notice of Cancellation or Chanqe of Coveraqe - All certificates of insurance
provided by CONTRACTOR must evidence that the insurer providing the policy
will give AGENCY thirty (30) days' written notice, atthe address shown in the
section of the Agreement entitled "Notices," in advance of any cancellation.
lapse, reduction or other adverse change respecting such insurance.
Primary Insurance - CONTRACTOR agrees that all general liability coverages
required under this section are PRIMARY insurance and that any insurance of
the City of Chula Vista, MTDB, SDTI, SD&AE, SD&IV, SDTC, County of San
Diego, and National City shall be excess and noncontributory.
Qualifvinq Insurers - All policies of insurance required hereby shall be issued by
companies which have been approved to do business in the State of California
tiy the State Department of Insurance, and which hold a current policy holder's
Pro Forma Contract
f.:~~
alphabetic and financial size category rating of not less than A-, VII according to
the current Best's Key Rating Guide, or a company of equal financial stability that
is approved in writing by AGENCY's Risk Manager.
Review of Coveraqe - AGENCY shall retain the right at any time to review the
coverage, form and amount of insurance required herein and may require
CONTRACTOR to obtain insurance reasonably sufficient in coverage, form and
amount to provide adequate protection against the kind and extent of risk which
exists at the time a change in insurance is required.
Self-Insurance - CONTRACTOR may, with the prior written consent of
AGENCY's Risk Manager, fulfill some or all or the insurance requirements
contained in the Agreement under a plan of self-insurance. CONTRACTOR shall
only be permitted to utilize such self-insurance, however, if, in the opinion of
AGENCY's Risk Manager, CONTRACTOR's (a) net worth, and (b) reserves for
payment of claims of liability against CONTRACTOR, are sufficient to adequately
compensate for the Jack of other insurance coverage required by the Agreement.
CONTRACTOR's utilization of self-insurance shall not In any way limit liabilities
assumed by CONTRACTOR under the Agreement.
Waiver of Subroqation - CONTRACTOR and AGENCY release each other, and
their respective authorized representatives, from any insurance carried by
AGENCY or CONTRACTOR other than any self-insurance, covers any such
claim or damage. Included in any policy or policies of insurance provided by
CONTRACTOR hereunder shall be a standard waiver of rights of subrogation
against AGENCY by the insurance company issuing said policy or policies.
Term of Insurance Coveraqe - All CONTRACTOR insurance policies shall take
effect upon occupancy of any facility, or portion thereof, used in the performance
of this Agreement, including, but not limited to, property at 1800 Maxwell Drive,
Chula Vista, CA 91911. This shall include any time period in which
CONTRACTOR employees, subcontractors, or are being trained or used for
implementation or disentanglement, whether or not this period is included in the
base term of this Agreement.
All insurance coverages shall become effective and in full force no later than April
1, 2002, or whenever AGENCY-owned vehicles are operated by CONTRACTOR
in the performance of this Agreement, whichever is sooner. All coverages
required shall remain in full force and effect through the entire term of this
Agreement.
XI. TERMS OF AGREEMENT
A. Base Term
This Agreement shall become effective upon execution, and CONTRACTOR shall
provide scheduled services during the period of July 1, 2002, through June 30, 2007.
This Agreement shall continue in full force and effect until June 30, 2007, unless
terminated earlier as herein provided.
Pro Forma Contract
8-23
7-25
B. Carrvover Term
In consideration of the herein Agreement, CONTRACTOR grants to the AGENCY the
below carryover options, exercisable in writing solely by the AGENCY's representative,
the AGENCY, or its designated representative. The AGENCY shall have the option to
extend the service provided by CONTRACTOR under this Agreement for up to six
consecutive one-month periods after the base term. If the AGENCY desires to exercise
any of these carry-over months, the AGENCY shall notify CONTRACTOR of its intent at
least 30 calendar days before the carry-over month is to begin.
Compensation related to such carryover period(s) shall be the same
compensation as for the most recent rate prior to the carryover period.
XII. REPRESENTATIVES OF AGENCY AND CONTRACTOR
A. The AGENCY Transit Coordinator or his designated representative shall
represent AGENCY in all matters pertaining to this Agreement and shall
administer this Agreement on behalf of AGENCY. The AGENCY Transit
Coordinator or his designated representative shall be the technical representative
for this agreement.
B. CONTRACTOR's Responsible Management Individual shall represent
CONTRACTOR in all matters pertaining to this Agreement on behalf of
CONTRACTOR. CONTRACTOR's On-Site (Project) Manager shall be the
technical representative for this agreement. .
XIII. NOTICE OF LABOR DISPUTE AND LABOR RELATIONS
CONTRACTOR shall have exclusive responsibility for conducting its labor relations including
negotiating its labor contracts and for establishing compensation and working conditions of its
employees. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute
prevents or threatens to prevent performance under this Agreement, CONTRACTOR shall
immediately notify the AGENCY in writing and submit all relevant information to the AGENCY.
CONTRACTOR shall also notify the AGENCY of grievances and/or discrimination complaints.
AGENCY shall not have responsibility or liability for labor disputes between CONTRACTOR and
its employees.
AGENCY shall require CONTRACTOR to set driver wage levels and minimum benefits (in dollar
amounts) in accordance with MTDB Policy No. 32 (Section 30.10) and an adopted minimum
wage and benefit schedule in Exhibit A (Scope of Work).
XIV. INTERRUPTION OF SERVICE AND PERFORMANCE
The parties to this Agreement shall be excused from performance hereunder during the time
and to the extent that they are prevented from obtaining or performing the service by act of fire,
flood, act of God, fuel unavailability, strike, loss or shortage of transportation facilities (excluding
breakdowns); commandeering of material products, plants, or facilities by the government; when
Pro Forma Contract
8-24
7-26
satisfactory evidence thereof is presented to the other party and provided further that such
nonperformance is not due to the default or negligence of the party nonperforming.
In the event that portions of all of the bus service required under this Agreement can not be
operated by CONTRACTOR for any reason, the AGENCY, at the sole discretion of the Transit
Coordinator or appropriate designated representative, may make an arrangement with other
transit operators for the provision of all or part of the transit service the AGENCY deems
necessary.
"XV. INDEPENDENT CONTRACTOR
.
CONTRACTOR's relationship to the AGENCY in the performance of this Agreement is that of
an independent contractor. The personnel performing services under this Agreement shall at all
times be under CONTRACTOR's exclusive direction and control and shall be employees of
CONTRACTOR and not employees of the AGENCY. CONTRACTOR shall pay all wages,
salaries, and other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them, such as social security, income tax
withholding, unemployment compensation, worker's compensation, and similar matters.
CONTRACTOR shall insert the substance of this entire clause in any subcontract hereunder as
to which a labor dispute may delay the Agreement. However, any subcontractor need give
notice and information only to its next higher-tier subcontractor. CONTRACTOR shall supply
the AGENCY with one copy of all existing relevant labor contracts.
"XVI. COMPLETE AGREEMENT
This Agreement and the attachments and documents incorporated herein constitute the
complete and exclusive statement of the terms of the Agreement between the AGENCY and
CONTRACTOR and it supersedes all prior representations, understandings, and
communications. The invalidity in whole or in part of any provision of this Agreement shall not
affect validity of other provisions. The AGENCY's failure to insist in anyone or more instances
upon the performance of any term or terms of this Agreement shall not be construed as a waiver
or relinquishment of the AGENCY's right to such performance or to future performance of such
a term or terms, and CONTRACTOR's obligation in respect thereto shall continue in full force
and effect. Changes hereto shall not be binding upon the AGENCY except when specifically
confirmed in writing by the representative of the AGENCY. The issuance of information, advice,
approvals, or instructions by the AGENCY's technical personnel or other representatives shall
be deemed expressions of personal opinions only, and shall not affect AGENCY's and
CONTRACTOR's rights and obligations hereunder.
XVII. SEVERABILITY
Should any part of this Agreement be held to be invalid by a court of competent jurisdiction, the
remainder of the Agreement shall be considered as the whole Agreement and be binding on the
contracting parties.
Pro Forma Contract
B-25
7-27
XVIII. PRECEDENCE
Conflicting provisions hereof, if any, shall prevail in the following descending order of
precedence:
H. the provisions in Articles I through XVII of this Agreement;
I. the exhibit, attachments, and enclosure(s) of this Agreement;
J. CONTRACTOR's technical proposal.
XIV. NOTICE
Any notice or notices required or permitted to be given pursuant may be personally served on
the other party by the party giving such notice, or may be served by certified mail, return receipt
requested, to the addresses set forth hereunder.
AGENCY
CONTRACTOR
City Of Chula Vista - Chula Vista Transit
Attn: Andres Trujillo, Transit Coordinator
1800 Maxwell Road
Chula Vista, CA 91911
ATCNANCOM
Attention Mr. Bill McCloud
2015 Spring Road, Suite 750
Oak Brook, Illinois 60523
Pro Forma Contract
B.QB
7-2/f
SIGNATURE PAGE
IN WITNESS WHEREOF, the City of Chula Vista and CONTRACTOR have executed this
Agreement thereby indication that they have read and understood same, and indicate their full
and complete consent to its terms:
Dated:
CITY OF CHULA VISTA
By:
-~~~
Shirley H on, Mayor
Attest:
~.lAI~-~~
Susan Bigelow, City Clerk
Dated:
ATCNANCOM
By:M~~dd
Mr. Bill McCloud, Senior Vice President
Dated: J// ~ ~ ...
CVT Pro Forma Contract 2-18-02.JCODLlNG.DOC
Attachment: Exhibit A, Scope of Work
Pro Fonma Contract
7Bf?
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A SECOND
AMENDMENT TO AGREEMENT BETWEEN CITY OF
CHULA VISTA AND ATCNA1"\JCOM CORPORATION
AND AUTHORIZING THE MAYOR TO EXECUTE THE
AMENDMENT
WHEREAS, on March 12, 2002, Council approved the Agreement between the
City and ATCNancom, Inc. for operation ofChu1a Vista Transit (CVT) and Maintenance
of the CVT fleet for the period July 1,2002 through June 30, 2007; and
WHEREAS, the current agreement contains only a Carryover Term clause that
allows the City to extend the services provided for up to six consecutive one-month
periods after the base term; and
WHEREAS, Transit staff recommends an amendment to the existing transit
contract with ATCNancom to include an Option Term(s) clause; and
WHEREAS, the Option Term(s) clause will give the City an option to extend the
contract for up to five years or to put the contract out for competitive procurement; and
WHEREAS, City Transit staff will work closely with the Metropolitan Transit
Service, our transit funding agency, to make sure the option selected best benefits transit
at the City and Regional levels.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Second Amendment to the Agreement between the
City of Chula Vista and A TCN ancom Corporation and authorizing the Mayor to execute
said Amendment.
Presented by
Approved as to form by
~~~'^~~~~
Ann Moore
City Attorney
Dave Byers
Director of Public Works Operations
1'\attomeylreso\amendment\2" Amendment A TC- Vancom Corp
7-30
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
~'l~\<\("~~
Ann Moore "-
City Attorney
Dated: 12/12/05
SECOND AMENDMENT TO AGREEMENT WITH
ATCN ANCOM, INC. FOR CVT FIXED-ROUTE BUS SERVICES
7-31
SECOND AMENDMENT TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA HEINAFTER REFFERED TO AS "AGENCY" AND
ATCNANCOM, INC.HEREIN AFTER REFERRED TO AS "CONTRACTOR"
FOR CVT FIXED-ROUTE BUS SERVICES
This agreement dated for the purposes of reference only, and effective as of the
date last executed unless another date is otherwise specified in Pro Forma Contract, Paragraph 1, Page
8-1 is between the AGENCY, whose business fomn and whose place of business is set forth on Pro
Fomna Contract, Section XIV, Page 8-26, and the entity indicated on the attached Pro Fomna Contract,
Paragraph 1, Page 8-1, as CONTRACTOR, whose business and whose place of business is set forth on
Pro Forma Contract, Section XIV, Page 8-26, and is made with reference to the following facts:
Recitals
Whereas, the City desires to operate a fixed-route public transportation system to serve the City
of Chula Vista provided Transportation Deveiopment Act (TDA) Article 4.0 funds are available; and
Whereas, City entered into a five year agreement from July 1, 2002 through June 30, 2007 with
A TCNancom, Inc. for the provision of Fixed Route Bus Service; and
Whereas, Contractor warrants and represents that they are experienced and staffed in a manner
such that they are and can prepare and deliver the services required of Contractor to City within the
timeframes herein provided all in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, the parties do hereby mutually agree as follows:
Add Subsection "C" to Pro Forma Contract, Section XI "TERMS OF AGREEMENT" to read as
follows:
C. Option Term(s)
(1) Notice and Pricing.
a. In consideration of this Agreement, CONTRACTOR, hereby grants to the AGENCY the below
option, exercisable in writing at the AGENCY's sole election, at any time on or before ninety (90)
calendar days prior to expiration of this Agreement. The AGENCY may extend the service
provided by CONTRACTOR under this Agreement for a period of up to five (5) consecutive one-
year periods after the' base term. Compensation related to such an option term shall be
determined through negotiations between the AGENCY and CONTRACTOR. Thus a maximum
total of ten (10) years of service may be provided under this Agreement.
b. Prior to exercising any option term, the AGENCY shall serve notice to CONTRACTOR of
AGENCY's intention to extend the Agreement. Such notice shall not be deemed to commit
AGENCY to such extension, nor shall the notice be binding on CONTRACTOR if served less than
90 days prior to the expiration of this agreement.
c. Prices for option terms are subject to negotiation. CONTRACTOR agrees, upon request of
AGENCY, to submit proposed prices, including cost breakdown, for any option period to permit
meaningful negotiations. This request for proposed prices will be made at least 90 days prior to
expiration of the Agreement. Should AGENCY and CONTRACTOR be unable to negotiate
7-32
reasonable prices for any option period, the AGENCY agrees that the option to extend the
Agreement will not be exercised.
(2) It is mutually understood and agreed that all work perfomned and services provided under any
exercised option shall be in strict compliance with all of the requirements of this Agreement as
amended.
(3) It is mutually understood and agreed that AGENCY is under no obligation whatsoever to
exercise this option and that no representations have been made by AGENCY committing it to
exercise this option, and that AGENCY may procure any such option requirements elsewhere.
Such option exercises may be by amendment hereto or by issuance of a new Agreement.
.
2
.
7-33
Signature Page
to
SECOND AMENDMENT TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA HEINAFTER REFFERED TO AS "AGENCY" AND
ATCNANCOM, INC.HEREIN AFTER REFERRED TO AS "CONTRACTOR"
FOR CVT FIXED-ROUTE BUS SERVICES
IN WITNESS WHEREOF, AGENCY and CONTRACTOR have executed this First Amendment to
Agreement thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
CITY OF CHULA VISTA
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
Exhibit List to Agreement
( X ) Pro Forma Contract.
3
7-34
COUNCIL AGENDA STATEMENT
..
Item L
Meeting Date: 12120/05
SUBMITTED BY:
RESOLUTION AMENDING RESOLUTION 2005-338
AUTHORIZING THE APPLICATION AND, IF AWARDED,
ACCEPTANCE OF A RECREATIONAL TRAILS PROGRAM GRANT
FROM THE STATE OF CALIFORNIA FOR THE REHABILITATION OF
ROHR PARK RECREATIONAL TRAIL; AND AUTHORIZING THE
COMMITMENT OF MATCHING FUNDS THEREFOR.
Director of Public Works operations~
City Manager 11 ~ J1~ (4/5ths Vote Required: Yes _ No-K-J
ITEM TITLE:
REVIEWED BY:
On October 4, 2005, City Council adopted Resolution 2005-338, authorizing the City to apply for
grant funding for the rehabilitation of Rohr Park Trail under the Federal Highway Administration's
Recreational Trails Grant Program. Certain additional language elements now required by the
California Department of Parks & Recreation were not included in the body of the resolution. This
clause has now been included in the amended resolution.
STAFF RECOMMENDATION: That Council adopt the resolution:
. Authorizing the application and, if awarded, acceptance of a Recreational Trails Program
grant; and
. Authorizing the commitment of matching funds therefor; and
. Certifying that the City has or will have available prior to commencement of any
work on the project included in this application, sufficient funds to operate and
maintain the project; and
. Naming the Mayor as the office authorized and empowered to execute a contract with the
California Department of Parks and Recreation.
BOARDS/COMMISSIONS: N/A
DISCUSSION: On October 4, 2005, City Council adopted resolution 2005-338, approving the
City's application for Recreational Trails grant funding under the Federal Highway Administration's
Recreational Trails Grant Program. If awarded, the $237,393 grant will help fund rehabilitation and
stabilization of the 2.5-mile trail at Rohr Park, upgrade fencing along the trail, add mile markers and
upgrade way finding and interpretive signage. Improvements to the trail are expected to result in
slightly lowered maintenance and operation costs over the first five years.
Additional text reQuired: The adopted resolution was included with the grant application which was
submitted to the State for consideration on October 10, 2005. However, key resolution wording
required by the State was not included. The required text, now included in the revised resolution,
specifies the following:
. "Certifying that the City has or will have available prior to commencement of any work
on the project included in this application, sufficient funds to operate and maintain the
project."
8-1
Page 2, Item ')?
Meeting Date: 12/20/05
FISCAL IMPACT:
.
There is no net impact to the General Fund from this action. The total estimated project cost of
$321,393 to rehabilitate Rohr Park Recreational Trail would be met with $237,393 in federal
Recreational Trails Program grant funds, and $84,000 in matching funds ($72,000 from the California
State Parks Per Capita Grant Program and $12,000 in available Residential Construction Tax (RCT)
funds). If the grant is awarded, staff will return to Council with a resolution to execute an agreement
with the State of California, create the Capital Improvement Project, and appropriate the grant and
matching funds. Any maintenance cost savings realized from the newly rehabilitated trail will be
utilized for other required trail work.
.
Attachment: Council Resolution 2005-338, adopted October 4,2005
.
8-2
RESOLUTION NO. 2005-338
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE APPLICATION AND, IF
AWARDED, ACCEPTANCE OF A RECREATIONAL TRAILS
PROGRAM GRANT FROM THE STATE OF CALIFORNIA
FOR THE REHABILITATION OF ROHR PARK
RECREATIONAL TRAIL; AND AUTHORIZING THE
COMMITMENT OF MATCHING FUNDS THEREFOR
WHEREAS, the Transportation Equity Act for the 21" Century provides funds to the
State of California for grants to acquire, develop or maintain recreational trails; and
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility to govern the project application procedure and administer the grant program
within the State of California; and
WHEREAS, Chula Vista community groups and cross country teams have expressed an
interest in seeing significant improvements to Chula Vista recreational trail facilities; and
WHEREAS, the City proposes applying to the Recreational Trails Program for grant
funding to rehabilitate Rohr Park Recreational Trail within the City; and
WHEREAS, grant requirements call for the commitment of a minimum 20% local match;
and
WHEREAS, the applicant will enter into an agreement with the State of California to
complete the project(s).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby:
1. Approve the filing of an application and, if awarded, acceptance of a Recreational Trails
Program grant; and
2. Authorize the commitment of matching funds therefore; and
3. Name the Mayor as the office authorized and empowered to execute a contract with the
California Department of Parks and Recreation.
Presented by
Approved as to form by
f:~~~
Public Works Director
~"C:"i<-,1\ \' \-J'(-Q,~ ~~.
Ann Moore
City Attorney
8-3
Resolution No. 2005-338
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista.
California, this 4th day of October, 2005, by the following vote:
AYES: CounciImembers:
Castaneda, Rindone, and Padilla
NAYS: CounciImembers:
None
ABSTAIN: CounciImembers:
McCann
ABSENT: CounciImembers:
Davis
ATTEST:
40&2 L tL
/ .
Stephen C. Padilla, Mayor
....
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Susan Bigelow, MMC, City rk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
!, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
Resolution No. 2005-338 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 4th day of October, 2005.
Executed this 4th day of October 2005.
~
--:-: ~)A~:l-~.o
Susan Bigelow, MMC, City rk
8-4
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PROJECT COST ESTIMATE
Rohr Park Recreational Trail- City of Chula Vista
Supply and install 2.5 rniles 6' chain link fencing and posts
1,000 tons decomposed granite @ $23.00 per ton
----.---------
City labor to install 1 ,000 tons decomposed granite @ $30.00 per ton
--.-----------
Supply and install 2,240 feet post & rail fencing @ $10.60 per linear foot
._.__n_..
Way finding signage, mile markers, trail head (interpretive) signage
City labor to install signage
CONSTRUCTION SUBTOTAL $
Administration and Contingencies 15% $
i
GRAND TOTAL! $
;
I AMOUNT
r $ 200,000
! $ 23,000
i $ 30,000
i $ 23,744
,
r $ 1,500
i $ 1,228
279,472
41,921
321,393
FUNDING SOURCES
.-------
Local- Residential Construction Tax
---------.-.--.
,
State - California State Parks Per Capita Grant Program (2000 Bond Act) i $
I
TOTAL CONTRIBUTIONS! $
% MATCH !
i$
12,000
72,000
84,000
26.1%
GRANT AMOUNT REQUESTED! $
!
8-6
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING RESOLUTION
2005-338 AUTHORIZING THE APPLICATION AND,
IF AWARDED, ACCEPTANCE OF A
RECREATIONAL TRAILS PROGRAM GRANT
FROM THE STATE OF CALIFORNIA FOR THE
REHABILITATION OF ROHR PARK
RECREATIONAL TRAIL; AND AUTHORIZING THE
COMMITMENT OF MATCHING FUNDS THEREFOR.
WHEREAS, the Transportation Equity Act for the 2151 Century provides
funds to the State of California for grants to acquire, develop or maintain
recreational trails; and
WHEREAS, the State Department of Parks and Recreation has been
delegated the responsibility to govern the project application procedure and
administer the grant program within the State of California; and
WHEREAS, Chula Vista community groups and cross country teams have
expressed an interest in seeing significant improvements to Chula Vista
recreational trail facilities; and
WHEREAS, the City proposes applying to the Recreational Trails Program
for grant funding to rehabilitate Rohr Park Recreational Trail within the City; and
WHEREAS, grant requirements call for the commitment of a minimum
20% local match; and
WHEREAS, the applicant will enter into an agreement with the State of
California to complete the project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby:
1. Approve the filing of an application and, if awarded, acceptance of a
Recreational Trails Program grant; and
2. Authorize the commitment of matching funds therefor; and
3. Certify that the City has or will have available prior to Commencement of
any work on the project included in this application, sufficient funds to
operate and maintain the project; and
8-7
4. Name the Mayor as the office authorized and empowered to execute a
contract with the California Department of Parks and Recreation.
Presented by
Approved as to form by
Dave Byers
Director of Public Works Operations
~\\~y~.
Ann Moore
City Attorney
8-8
ITEM 9
Will be a verbal report with analysis of the "Jessica's Law" initiative for Council
consideration.
1-/
..sM~
-.-
"--- ----
-.:::-=--~
~ --
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CllY OF
CHULA VISTA
Monday, December 19, 2005
TO:
Stephen C. Padilla, Mayor
Jerry Rindone, Councilmember
John McCann, Councilmember
Patty Chavez, Councilmember
RE:
Dave Rowlands, City Manager
Ann Moore, City Attorney
Susan Bigelow, City Clerk
Steve Castaneda, Councilmember ~
Jessica's Law
c,c.
FROM:
I agree with Council member McCann's request for support of Jessica's Law. The State
of California law lacks any specific regulations designed to make residents of the state
and the City of Chula Vista safer from dangerous registered sex offenders.
Jessica's Law would expand the designation of predators as "sexually violent" after one
offense. It would create predator-free zones near schools and parks, and would require
electronic monitoring with GPS tracking of sex offenders for life.
If placed and passed on the ballot by voters, Jessica's Law would increase the
sentences and fines, and eliminate the use of "good time" credits to reduce prison terms
for sex offenders. Possession of child pornography would be a felony if the offender
has a prior conviction of a sex offense.
Jessica's Law would specifically prohibit any Internet contact or communications with a
minor for the purpose of engaging in sexual conduct or abuse.
As a father, I am concerned that we protect our children from convicted sex offenders.
As an elected official, I support a state ballot initiative that will give law enforcement the
tools they need to track and limit sex offenders' proximity to any children's facilities.