HomeMy WebLinkAboutAgenda Packet 1995/05/02
Tuesday, May 2, 1995
4:00 p.m.
/'1 declare Nnder penaity of perjury tbat , am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this AgenJa/Notice on the Bulletin Board at
the Publi~/S rvi 8 Building an a Ci Hall n
DA',ED or,:Z7. ?5SIGNED ..
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Moot _, Padilla _, Rindone _, and Mayor Horton_.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
April 15, 1995 (Special Meeting), April 18, 1995 and April 19, 1995
(Special Meeting).
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office for newly appointed Councilmember - Scott D. Alevy.
b. Proclaiming the week of May 1 through May 7,1995 as "Youth Week." Mayor Horton will
present the proclamation to Ted Eckert, Exalted Ruler of Chula Vista Elks Lodge, and Garry
Hummel, Youth Activities Chairman.
c. Proclaiming the month of May 1995 as "Older Americans Month." May is the month that the
nation takes time to acknowledge and celebrate the achievements and contributions of its older
citizens. During the month there are public recognitions of elders with particular attention to the
Centenarians in the community. The Chula Vista Commission on Aging each year publicly thanks
the local Centenarians for their contributions. The Centenarians are also invited to attend the
Council meeting in which the proclamation is presented.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 6)
The staff recommendations regarding the foUowing items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be puUed for discussion. If you wish to speak on one of these items, please fiU out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) Items puUed from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items puUed by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken
from the Closed Session of 4/25/95. It is recommended that the letter be received and filed.
Agenda
-2-
May 2, 1995
6. RESOLUTION 17882 WAIVING THE CONSULTANT SELECTION PROCESS AND
APPROVING AGREEMENT WITH MCDANIEL ENGINEERING
COMPANY, INC. FOR BRIDGE CONSTRUCTION CONSULTING
SERVICES FOR THE WIDENING OF THE OTAY RIVER BRIDGE
CROSSING - On 10/19/93, Council approved an agreement with the County
of San Diego for the construction of the Otay Valley Road bridge where the
road was washed out by the 1993 floods. The agreement required the County
to use FEMA funds to construct a bridge 80 feet long by 28 feet wide
conforming to their standards and the City to widen the bridge from 28 feet to
54 feet, plus all environmental impact mitigation measures. To comply with the
agreement, the County hired McDaniel Engineering Company, Inc. (McDaniel)
to design and prepare the plans for the project. On 11/30/93, the City Manager
approved an agreement with McDaniel. The proposed contract provides for
bridge construction consulting services. The services will be provided on a time
and material basis and will not exceed $15,000 without further approval by
Council. Staff recommends approval of the resolution. (Director of Public
Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following Uems have been advertised and/or posled as public hearings as required by law. If you wish 10
speale 10 any Uem, please fill oullhe "Requesllo Speak Form" available in Ihe lobby and submit it 10 Ihe City
Clerk prior 10 Ihe meeting. (Complele Ihe green form 10 speak in favor of Ihe slaff recommendation; complele
Ihe pink form 10 speak in opposition 10 Ihe slaff recommendation.) Commenls are limited 10 five minules per
individual.
None submitted.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address Ihe City Council on any subject mailer wilhin Ihe
Council'sjurisdiction Ihat is nol an item on Ihis agenda for public discussion. (Slale law, however, generally
prohibUs the City Council from laking action on any issues nol included on Ihe posled agenda.) If you wish 10
address the Council on such a subjecl, please complele Ihe yellow "Requesllo Speak Under Oral Communications
Form n available in Ihe lobby and submit illo Ihe City Clerk prior 10 the meeting. Those who wish 10 speak,
please give your name and address for record purposes and follow up action. Your lime is limited 10 Ihree
minules per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is Ihe time Ihe City Council will consider items which have been forwarded to them for consideration by one
of Ihe City's Boards, Commissions and/or Commillees.
7.
REPORT
RESPONSE TO A COUNCIL REFERRAL ON GENERAL ROCA,
ARGENTINA REGARDING ST A TUS OF PROPOSED RELATIONSHIP -
(International Friendship Commission)
Agenda
-3-
May 2, 1995
ACTION ITEMS
The uems listed in this section of the agenda are expected to elicu substantial discussions and deliberations by
the Council, stqff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
8. RESOLUTION 17883 APPROVING A CONTRACTUAL AGREEMENT WITH ARTIST TEAM
VICTOR OROZCO OCHOA AND JOHN NEAL HILL FOR TIlE SOUTH
CHULA VISTA LmRARY PUBLIC ART MURAL PROJECT - The
California Library Construction and Renovation Bond Act grant includes
$46,821 (one percent of construction) for public art. A public artist selection
process was conducted to select an artist to erect a mural in the storyhour room
based on the theme of International Friendship. Staff recommends approval of
the resolution. (Library Director)
9. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
10. CITY MANAGER'S REPORT/SI
a. Scheduling of meetings.
II. MAYOR'S REPORT/SI
a. Ratification of appointment: Kevin B. Clark - Resource Conservation Commission.
b. Council designee for Multiple Species Conservation Program Committee.
12. COUNCIL COMMENTS
Councilmember Rindone
a. Referral - Port Commission Options
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on May 9, 1995 at
6:00 p.m. in the City Council Chambers.
A Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council
meeting.
*****
Agenda
-4-
May 2, 1995
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council stales otherwise at this time, the Council will
discuss and deliberate on the foUowing items of business which are pennitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of JiBJJl action
taken in clased session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from
closed session, reports of JiBJJl action taken, and a4journment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
13. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1, Existing litigation pursuant to Government Code Section 54956.9
. Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
. City of Chula Vista vs. the County of San Diego regarding approval of a major use
permit for Daley Rock Quarry.
2, Anticipated litigation pursuant to Government Code Section 54956.9
. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1.
. Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA
lawsuit.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management, Mid-
Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
14. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
April 27, 1995
SUBJECT:
The Honorable Mayor and city Council ~(}j
John D. GosS, City Manager ~Gq ~~f
city Council Meeting of May 2, 19~
TO:
FROM:
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, May 2, 1995. Comments regarding
the written Communications are as follows:
5a. This is a letter from the city Attorney stating that there
were no observed reportable actions taken by the city Council
in Closed Session on April 25, 1995.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
JDG:mab
isla, Gztifintia
PROCLAIMING THE WEEK OF MAY 1 THROUGH MAY 7, 1895 AS
YOUTH WEEK
IN THE em OF CHULA VISTA, CAUFORNIA
WHEREAS, the Benevolent and protective Order of Elks has designated the week
beginning May 1 lI'Irough May 7, 1995 as YOUTH WEEK to honor America', Junior
ewz- for their accomplishments, II1d to give fitIlng recognition of their Hl'Vices to
community, state and nation; and
WHEREAS, Chula Vista Lodge No. 2011 will sponsor an observance on May 4,
1995 In tribute to 11'18 Junior Citizens of 11'111 community; and
WHEREAS, we should demonstrate our partnership wi1h youth, our understanding
of lI'Ielr hopes and asplretlons and a slnoere willingness to help prepare 1hem In fNeI'Y
way for lhe responsibilities and opportunities of citizenShip:
'NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula VISta,
California, do hereby proclaim the week of May 1 1hrough May 7, 1995 as YOUTH
WEEK In the City of Chula VIst8, and urge all departments of government, civic, fraternal
and patriotic groups, and our cItizenS generally, to perticipate wholeheartedly in Its
observance.
,1JtdBf tFis.R.r..dti'ff!l" ~ 19~
~/II.trI/~A5tL Jj) - /
PROCLAIMING THE MONTH OF MAY 1lKl5 AS
OIJ)ER AMERICANS MONTH
IN THE CITY OF CHULA VISTA, CAUFORNIA
WHEREAS, May Is the month that the nation takes time to acknowledge ....d
celebrate the achievements ....d contributions of its older cltizens; 8I'Id
WHEREAS, thouS8l'lds of volunteer hours are expended each month by seniors
who essist hundreds of agencies; ....d
WHEREAS, this donation of lime, skill ....d expertise enables agencies to greally
enhance their services, thus benefitting the enllre community; ....d
WHEREAS, Chula Vista hes achieved its excellence. In large part, through the
wisdom ....d labor of our senior cltIzens; 8I'Id
WHEREAS, It is. filting that the City Joln with the County, the Slate and the Nation
In paying tribute to senior citizens:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula Vista,
California, do hereby proclaim the month of May 1995 as OLDER AMERICANS MONTH
throughout the City of Chula Vista and commend all of our older cltizens for those
contributions so generously given to their community.
.,:DUerf tkis2.f1d art! 9'" ~ /9 'IS
Akr IJ~ JIozXi><_
~or!f e Ci!f!f a1tfa o/"A5ta.
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....... - --
......- ~--
CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
From:
April 26, 1995
The Honorable Mayor and City cou~ill
Bruce M. Boogaard, city Attorney'~
Report Regarding Actions Taken in Closed Session
for the Meeting of 4/25/95
Date:
To:
Re:
The city Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed Session, that there were
no actions taken in the Closed Session of 4/25/95 which are
required under the Brown Act to be reported.
BMB:lgk
C:\lt\clossess.no
.5'~ - /
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691~5037
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item ?
Meeting Date 5/2/95
Resolution / 7 fJ"'$' ~ Waiving the consultant selection process and
approving agreement with McDaniel Engineering Company, Inc. for
Bridge Construction Consulting Services for the widening of the Otay
River Bridge Crossing in the City 0 Chula Vista
(4/5ths Vote: Yes_NoA)
SUBMITTED BY: Director of Public Wor
City Manager J:i ~
REVIEWED BY:
VJ,.'
In October 19, 1993, by Resolution No. 17272, Council approved an agreement with the
County of San Diego for the construction of the Otay Valley Road bridge where the road was
washed out by the 1993 floods (see Attachment A). This agreement required the County to
use FEMA funds, to construct a bridge 80 feet long by 28 feet wide conforming to their
standards and the City to widen the bridge from 28 feet to 54 feet plus all environmental
impact mitigation measures. To comply with this agreement, the County after following their
consultant selection process hired McDaniel Engineering Company, Inc. (McDaniel) to design
and prepare the plans for this project. Subsequently they awarded a contract to Granite
Construction Company to erect the 28 foot wide bridge.
On November 30, 1993, the City Manager approved an agreement between the City of Chula
Vista and McDaniel for bridge design consulting services for the design of the widening of the
Otay Valley River Bridge. In general, that agreement (Attachment B) called for McDaniel to
design, prepare plans, specifications, and an estimate for the widening of the bridge across
Otay River at a point where Otay Valley Road crosses the river. McDaniel was to provide all
necessary coordination with other agencies necessary for their review and approval of the
bridge design. The fee for McDaniel's services was set at $21,232.00.
Subsequent to approval of the agreement by the City Manager, McDaniel prepared the plans
and specifications for the bridge widening. The plans and specifications were used as part of
the bid package for the total work required for the Phase II and III Otay Valley Road roadway
construction. The City Council awarded the contract to Signs & Pinnick, Inc. which includes
the widening of the bridge on June 7, 1994 by Resolution 17518 (Attachment C). The
contractor expects to start work early in May.
The proposed contract with McDaniel before you tonight, provides for bridge construction
inspection consulting services for the Otay Valley River bridge crossing. These services will
be provided on a time and material basis, and are not to exceed $15,000 without further
Council approval.
RECOMMENDATION: That Council approve the resolution waiving the consultant selection
process and approving agreement with McDaniel Engineering Company, Inc. for Bridge
~-/
Page 2, Item 6
Meeting Date 5/2/95
Construction Consulting Services for the widening of the Otay River Bridge Crossing in the
City of Chula Vista not to exceed $15,000 without further Council approval.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
A portion of the Otay Valley Road crossing the Otay River was washed out in January 1993.
On October 19, 1993, by Resolution 17272 (Attachment A), the City approved an agreement
between the County of San Diego and the City for construction of a bridge over the Otay River
on Otay Valley Road. Basically, this agreement called for:
1) The City to address and obtain all mitigation and relevant permits, including
habitat enhancement required by the appropriate resource agency for the bridge
construction.
2) The County was to construct Phase I of the bridge, which was 28' wide by 80'
long fmanced with FEMA funds.
3) The City was required to pay for Phase II of the bridge which consisted of
widening the bridge being constructed by the County from 28' wide to 54' wide.
As a result of the rains in January 1993, many of the bridges and crossings in the County were
damaged or washed out. The County requested proposals from 16 firms for the design of these
various bridges and then selected the top six firms for the design of various projects. The
County assigned the first project to the top rated company, and the next to the second
company, and so on. The firm of McDaniel was chosen by the County to design the Otay
River Bridge Crossing project. A review of the consultant selection process indicates that they
generally followed the Board of Supervisors Policy for hiring consultants. The only exception
was they shortened the time period required to complete the process, because of the emergency
nature and urgency in getting the bridges replaced.
The bridge proposed by the County was 28 feet wide. However, in order to provide for the
City's projected needs of providing one lane northbound, two lanes southbound (a lane
southbound is for merging the trucks leaving the Nelson-Sloan gravel yard) and providing a
bicycle lane on both the north and southbound directions, the width of the bridge needs to be
widened to 54 feet. Pursuant to the City/County agreement, preparation of plans to widen the
bridge was the City's responsibility. Since McDaniel did the design plans for the County of
San Diego for the 28 feet wide bridge crossing, staff believed it was in the best interest of the
City to engage them to prepare the plans for the widening of the bridge. To this effect, we met
with McDaniel to negotiate a contract for the design of the bridge crossing needed to
accommodate our width. We did not advertise, nor request proposals from other consultants
because we felt McDaniel was uniquely qualilled, familiar with the project, has been selected
by the County through their consultant selection process, and the cost of their services would
be less than $25,000.00. The City Manager on November 30, 1993, approved the agreement
between McDaniel and the City in the amount of $21,232.00 for bridge design consulting
services for the widening of the bridge. This agreement did not provide for review of shop
~-,Z
Page 3, Item~
Meeting Date 5/2/95
drawings submitted by the contractor, redesign for field conditions nor for any inspection
services related to the construction of the bridge widening work.
We are now ready to begin construction of the Otay Valley Road Phases II & III
improvements, which include the widening of the bridge. Engineering Inspection staff has
visited the bridge site and determined that the widening work is beyond their level of
inspection expertise and suggested that a consultant be hired to supplement their inspection
activities. Therefore, it is recommended that a second contract with McDaniel be approved to
provide for inspection services on an as needed basis. It is further recommended that Council
waive the consultant selection process and approve the proposed agreement with McDaniel
in an amount not to exceed $15,000.
McDaniel is intimately familiar with the County's portion of the bridge and the design of its
subsequent widening. Because of these factors, staff believes it is appropriate to hire the firm
of McDaniel to provide inspection services during the construction phase for the portion of the
bridge widening. Staff believes McDaniel' is uniquely qualified to provide the bridge
inspection services for two important reasons: First, they designed the bridge and the proposed
widening; and secondly, any required and necessary changes in design due to existing field
conditions should be done by the design professional who originally designed the bridge for
both ethical and liability reasons. The hourly costs in this contract are the same as the first
contract where the same positions are included. Those costs were the same as the County's,
which were obtained through their RFP process. Therefore, we believe the costs are
reasonable. Because of these factors, staff recommends the waiving of the consultant selection
process and approving the agreement with McDaniel to provide bridge construction consultant
servIces.
FISCAL IMP ACT: Approval of this agreement will authorize expenditures not to exceed
$15,000 for McDaniel Engineering Company, Inc. to be used to pay for services rendered per
the agreement. These are sufficient funds budgeted in the Otay Valley Road,Phase III, STM-
319 project to cover the cost of this agreement. The total cost for this project, including the
contract, right-of-way expenses, staff, utilities, and material testing is $2,698,652.
SLH:STM-319-06
Attachment A - Resolution 17272 NOT SCAItNED
Attachment B - Agreement with Consultant for design of Bridge J
Attachment C - Resolution 17518 NOT SCANNED
.
......
.
m:\hoinc\cnginceilagenda\bridgsvs.slh.
d-~JI{P-~
RESOLUTION NO. /7~av~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
PROCESS AND APPROVING AGREEMENT WITH McDANIEL
ENGINEERING COMPANY, INC. FOR BRIDGE
CONSTRUCTION CONSULTING SERVICES FOR THE
WIDENING OF THE OTAY RIVER BRIDGE CROSSING IN
THE CITY OF CHULA VISTA
WHEREAS, in October 19, 1993, by Resolution No. 17272,
Council approved an agreement with the county of San Diego for the
construction of the Otay Valley Road bridge where the road was
washed out by the 1993 floods; and
WHEREAS, said agreement required the County to use FEMA
funds, to construct a bridge 80 feet long by 28 feet wide
conforming to their standards and the city to widen the bridge from
28 feet to 54 feet plus all environmental impact mitigation
measures; and
WHEREAS, to comply with this agreement, the County after
following their consultant selection process hired McDaniel
Engineering Company, Inc. (McDaniel) to design and prepare the
plans for this project and subsequently they awarded a contract to
Granite Construction company to erect the 28 foot wide bridge; and
WHEREAS, on November 30, 1993, the city Manager approved
an agreement between the City of Chula vista and McDaniel for
bridge design consulting services for the design of the widening of
the otay Valley River Bridge which agreement called for McDaniel to
design, prepare plans, specifications, and an estimate for the
widening of the bridge across Otay River at a point where Otay
Valley Road crosses the river; and
WHEREAS, McDaniel was to provide all necessary
coordination with other agencies necessary for their review and
approval of the bridge design and the fee for McDaniel's services
was set at $21,232.00; and
WHEREAS, subsequent to approval of the agreement by the
city Manager, McDaniel prepared the plans and specifications for
the bridge widening which were used as part of the bid package for
the total work required for the Phase II and III Otay Valley Road
roadway construction; and
WHEREAS, the City Council awarded the contract which
includes the widening of the bridge on June 7, 1994 by Resolution
17518 and the contractor expects to start work early in May; and
~--f'
WHEREAS, the proposed contract with McDaniel provides for
bridge construction inspection consulting services for the otay
Valley River bridge crossing; and
WHEREAS, these services will be provided on an as needed
basis, and are not expected to exceed $15,000.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby waive the consultant selection
process and approve the agreement with McDaniel Engineering
Company, Inc. for bridge construction consulting services for the
widening of the otay River Bridge Crossing in the city of Chula
Vista, a copy of which is on file in the office of the City Clerk
as Document No. (to be completed by the City Clerk in the
final document).
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.
"]
fO])
Presented by
John P. Lippitt, Director of
Public Works
, City
c: \ rs\McDanie1
~-~
APR 3 - 1995
MEMORANDUM
March 31, 1995
File No. STM319
TO: John Goss, City Manager
FROM: John P. Lippitt, Director of Public Work~ ~
SUBJECT: Approval of Agreement between the City of Chula Vista and McDaniel Engineering
Company, Inc. for bridge construction consulting services for Otay River Bridge
Crossing.
On June 7, 1994 we awarded the contract to Signs and Pennick, Inc. for the construction of Phases 11 and
III of the Otay Valley Road construction which extended from 1200 feet east of Nirvana Avenue to the
northerly limits of Otay Rio Subdivision. Included in this project was the widening of the existing bridge
which is 82' long and 28' wide over the Otay Valley River. The existing bridge is a two-span, steel girder
bridge with timber decking. The widening by the City will be 13 feet on each side to provide a total width
of 54 feet.
McDaniel Engineering Company, Inc. prepared the design plans for the existing bridge which was just
recently completed for the County. They also prepared the plans for our widening of the bridge.
Existing staff lacks expertise in the inspection and review of submittals in regard to the bridge construction.
McDaniel Engineering Company, Inc. can provide these services. Because McDaniel Engineering is very
familiar with the plans and specifications already, we did not advertise nor request proposals from other
consultants.
Attached for your approval is a two-party agreement between the City and McDaniel Engineering Inc. for
the bridge construction consulting services for the Otay River Bridge Crossing. The cost of this work is on
a time and material basis not to exceed $15,000. Page 2 and 3 of exhibit A of this agreement outlines the
work the consultant is expected to perform.
We are requesting that you execute the three copies of the agreement and return them to me.
By signing below, you will authorize the encumbrance of $15,000.00 in a Purchase Order for McDaniel
Engineering Company, Inc. to be used to pay for the services rendered per this agreement. The funds will
come from budgeted CIP project Otay Valley Road Phase III, account number 603-6030-STM319
Please call me at your convenience if you desire additional information or would like to further discuss this
request.
'1-1/- i')
Date
:cIb
(M:\...\DIlSION\AGREIlS'IM.319)
d.-?/u-g
Parties and Recital Page(s)
Agreement between
City of Cbula Vista
and
McDaniel Engineering Company, Ine.
for Bridge Construction Consulting Services
for tbe Otay Valley River Bridge Crossing
in tbe City of Cbula Vista
This agreement ("Agreement"), dated 1- -1f-1~ for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1 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 is desirous to widen the Otay Valley Road bridge crossing of Otay
River; and
Whereas, the City desires to retain a consultant engineer to provide construction
engineering services.
Whereas, Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can provide the services required of Consultant to City within
the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
WPC F:IHOME\l!NGINI!IlR\DESIClN\2PRlYS1M.319
Page 1
i.-(
OBLIGATORY PROVISIONS PAGES
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 of
Work and Schedule shall be herein referred to as the "Defmed 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
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 Defmed 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 Defmed Services
or Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
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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 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 and Applicant as an Additional Insured, and which is primary to any policy which the
City may otherwise carry ("Primary Coverage"), and which treats the employees of the City
and Applicant in the same manner as members of the general public ("Cross-liability
Coverage").
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.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 9, indicates the need for Consultant to
provide a Performance Bond which indication shall be made by checking the parenthetical
space adjacent to the term "Performance Bond", then Consultant shall provide to the City a
performance bond by a surety and in a form satisfactory to the City Attorney in an amount
indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 9, Exhibit
A.
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I. 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. .
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of
the Defmed 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,
flies 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 "check mark" next to the appropriate arrangement, 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.
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5. Liquidated Damages
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 per-
formance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defmed 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 AtlminiRtrator, 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
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 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.
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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 Defmed Services, or in any property within 2 radial miles from the exterior
boundaries of any property which may be the subject matter of the Defmed 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
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 the negligent conduct of
the Consultant, or any agent or employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful conduct of the 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
Page 6
WPC F:IHOMEI1!NGINI!ERIDBSlGNI2P1lTYS1M.319
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same proceed to judgment or not. Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought against the City, its officers, agents,
or employees. Consultants' indemnification of City shall not be limited by any prior or
subsequent declaration by the Consultant.
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, 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, which City may not
unreasonably deny. City hereby consents to the assignment of the portions of the Defmed
Services identified in Exhibit A, Paragraph 17 to the sub consultants identified thereat as
"Permitted Subconsultants".
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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.
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 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 recover all reasonable costs incurred in the defense of the
claim, including costs and attorney's fees.
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 Defmed 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.
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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
AU notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall
be deemed to have been properly given or served if personally served or deposited in the
United States mail, addressed to such party, postage prepaid, registered or certified, with return
receipt requested, at the addresses identified herein as the places of business for each of the
designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this Agreement,
and that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
F. Governing 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.]
Page 9
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Signature Page
to
Agreement between City of Chula Vista and
McDaniel Engineering Company, Inc.
for Bridge Construction Consulting Services
for the Otay Valley River Bridge Crossing
in the City of Chula Vista
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:
Dated:
City of Chula Vista
Attest:
by: W tJp--,
J~Goss, City Manager
Beverly Authelet, City Clerk
1 Attorney
Dated:
McDaniel Engineering Company, Inc.
By: .h/ /??....A ~., -:?
w. Mark Ashley, President
By:
Exhibit List to Agreement
( x) Exhibit A.I
( ) Exhibit B:
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Exhibit A
to
Agreement between
City of Chula Vista
and
McDaniel Engineering Company, Ine.
1. Effective Date of Agreement: April 3, 1995
2. City-Related Entity:
( X) City of Chula 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:
("City")
,a [insert business form]
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: McDaniel Engineering Company, Inc.
5. Business Form of Consultant:
() Sole Proprietorship
( ) Partnership
( x ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
5030 Camino De La Siesta, Suite 204
San Diego, CA 92108
Voice Phone (619) 692-1920
Fax Phone (619) 692-0634
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7. General Duties:
Consultant shall provide construction engineering services for the widening of a bridge across
the Otay River at a point where Otay Valley Road crosses said river as shown on Chula Vista
Drawings 94-68 thru 94-78. These services include providing contract lid ministration and
construction inspection services exclusively for the Otay Valley Road Bridge Widening.
The City is widening the existing bridge which is 82' long X 28' wide over the Otay Valley
River. The existing bridge is a two-span, steel girder with timber decking. It is supported
by steel pile abutments and bents. The existing metal rail will be reused on the widening.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Throughout the construction period for the bridge, the Bridge Representative
provided by the Consultant shall monitor the operations of the Bridge Contractor and
Subcontractors for compliance with contract documents and provide contract
administration for the bridge as required. Such services shall include the following
activities.
1. Monitoring of Construction Operations for Contract Compliance
a) Pile extensions
b) Structural steel erection
c) Timber installation
d) Barrier rail and hand railing inspection
e) Completion punch list
2. Contract Administration
a) Prepare daily diaries on construction operations
b) Monitor the construction schedule
c) Review contractor submitta1s
d) Check welders' certifications
e) Materials compliance
t) Respond to Contractor inquiries
g) Compile monthly estimates and determine Contractor progress
payments
h) Prepare contract change orders
i) Scheduling/coordination for surveying
j) Scheduling/coordination for materials testing
k) Furnish set of . AI, Built Plans. on Mylar upon the completion of the
project
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3. General
The Bridge Representative shall be present at the project site on a part-time basis as
necessary to provide a satisfactory level of monitoring of the work.
B. Date for Commencement of Consultant Services:
( x ) Same as Effective Date of Agreement
() Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverables are ongoing throughout the construction of the Otay River Bridge
crossing .
D. Date for completion of all Consultant services:
Upon acceptance of the project by the City Council for the construction of "The
Improvement of Assessment District No. 90-2 (Otay Valley Road Phases II & Ill)
from 1200 Feet East of Nirvana Avenue to the Northerly Limits of Otay Rio
Subdivision in the City of Chula Vista. CA (ST -123)" .
9. Insurance Requirements:
(x) Statutory Worker's Compensation lnsurance
( x ) Employer's Liability lnsurance coverage: $1,000,000.
( x ) Commercial General Liability lnsurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
( x ) Errors and Omissions lnsurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials and Services Required to be Supplied by City to Consultant:
A. Surveying
1. Staking of roadway centerline and bridge edge of deck lines
2. Establishing temporary bench marks
B. Materials Testing
1. Structure backfill tests, including:
a. Aggregate Compliance
b. Compaction
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2. Testing of full penn welds where required
3. Asphalt concrete
C. Trqlfic Staging
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 Deliverab1es set forth
below:
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. $
C ( X ) Hourly Rate Arrangement
For performance of the Defmed Services by Consultant as herein required, City shal1
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 hereinbelow according to the
fol1owing 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 wil1 perform all of the Defmed Services herein required of
Consultant for $ including all Materials, and other
"reimbursable" ("Maximum Compensation").
(2) ( X) Limitation without Further Authorization on Time and Materials
Arrangement
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At such time as Consultant shall have incurred time and materials equal
to $15.000.00 ("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. Hourly time billed
to include travel time from office to the job site and back.
Rate Schedule
Cateeory of Employee of Consultant Name Hourly Rate
PRINCIPAL BRIDGE ENGINEER W. MARK ASHLEY $110.00
BRIDGE DESIGN ENGINEER PERRY SCHACHT 90.00
BRIDGE CONSTRUCTION ENGINEER REV NOCON 80.00
BRIDGE CONSTRUCTION TECHNICIAN 50.00
OFFICE CLERICAL STAFF 40.00
( )
Hourly rates may increase by 6% for services rendered after {month}, 19
delay in providing services is caused by City.
if
,
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 $_:
Travel, not to exceed $_:
Printing, not to exceed $_:
Postage, not to exceed $_:
Delivery, not to exceed $_:
Long Distance Telephone Charges,
not to exceed $
Other Actual Identifiable Direct Costs:
. not to exceed $
. not to exceed $
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WPC F:'H0MI!IEN0INEER1DESIGN\EXHIASlM.319
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13. Contract Administrators:
City: City of Chula Vista
Dennis Davies, Civil Engineer
Consultant: McDaniel Engineering Company, Inc.
Mark Ashley, President
14. Liquidated Damages Rate:
( x) $0 per day.
( ) 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.
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( ) 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: None
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( X) Monthly
( ) Quarterly
( ) Other: After reaching each milestone
B. Day of the Period for submission of Consultant's Billing:
( X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other: 15th day after each milestone
C. City's Account Number: 603-6030-STM 319
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ff "Trl1C H fv1~N r it
c- [ I
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l..""-" . .-'
~4>
COUNCn.. AGENDA STATEMENT
.
Item II)
Meeting Date: 10/19/93
ITEM TITLE:
Resolution: J ?.:l , ~ Approving agreement between the County of
San Diego and the City of Chula Vista for the construction of a bridge
over the Otay River Oil Otay Valley Road and authorizing the Mayor to
execute on behalf of thi: City.
Director of Public works#
City ManagerJf-> ~ ~
q u -" (4/S:hs Vote: Yes_ No_2U
SUBMU .l~D BY:
REVIEWED BY:
'.
The City is currently involved in the planning and construction activities to widen Otay Valley
Road in the segment between I-80S freeway and the easterly City limits southerly to Otay Rio
subdivision. Phase I of the project goes from I-80S freeway to approximately 1200 feet east of
Nirvana Avenue. Phase 2 goes from 1200 feet east of Nirvana Avenue to the easterly City
limits southerly to Otay Rio subdivision. A portion of Otay Valley Road crossing Otay River
was washed out in January 1993. This agreement outlines the City's and County's responsibility
in constructing a bridge.
Construction for Phase 1 of the project has t>een awarded to Granite Construction Company and
the contract has been executed by the City and construction is anticipated to start in November
of this year. Design work for Phase 2 is nearly completed and is awaiting the f1Jla1 design of
the bridge over Otay River on Otay Valley Road. The construction of the bridge was budgeted
in the CIP as phase 3 of the Otay Valley Road project, but will be constructed as an integral part
of phase 2.
RECOMMENDATION: That Council approve the agreement between the County of San
Diego and the City of Chula Vista for the construction of a bridge over the Otay River on Otay
Valley Road and authorize the Mayor to execute on behalf of the City.
BOARD/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The County of San Diego and the City of Chula Vista desire to cooperate and jointly participate
in the design and construction of a bridge over Otay River on Otay Valley Road that is partially
within the County and partially within the City. The Otay Valley Road is an important
transportation link for both the County and the City. A portion of this link was washed out
. during the rains of January 1993 where the road crosses Otay River. The County has obtained
16'l~~--oZ?
Page...1..- Item ..L1L "
Meeting Date: 10/19/93
approval from the Federal Emergency Management Agency (FEMA) to fund the design and
construction of the bridge to r~place the drainage facilities that were washed out. FEMA has
agreed to fund the construction of a 28 foot wide by 80 foot long bridge across the Otay River.
Under FEMA regulations the project to be constructed can only include the minimal work to
replace the washed out facilities. FEMA's regulations further prohibit a local agency from
adding their own funds to a FEMA project and constructing a project that .betters. what was
in place before the storm damage. Staff spent considerable time working at both the local and
regional levels to get FEMA to change this policy to one that would allow an more cost effective
overall approach. All our efforts were unsuccessful.
The City, however, is desirous of widening this bridge to accommodate three travel lanes plus
bicycle paths as part of our phase 3 project. Since we cannot add our funding to the County's
project, which would be the most cost effective approach, we must wait for the completion of
the County's construction and inspection by FEMA before widening the bridge. In order to
minimize the loss due to this type of phased construction, close coordination on the part of the
City and County staffs is required. The County also desires to get the bridge replaced as soon
as possible in order ~ open the road. Because environmental constraints would have required l
an inordinate amount of time to do an EIR and get the necessary permits from Federal and State
agency's, the County determined that they needed to construct the road in the exact location of
the washout. Construction in that location would not require the same level of State and Federal
permits and could be completed sooner. However, that construction would necessitate our
removing their bridge and constructing a completely new, wider bridge. Therefore, City and
County staffs worked together to utilize the environmental work the City has done to allow the
County to construct the bridge in the location desired by the City under the City's permits.
Since the City is required to do the same, or higher level, of environmental mitigation as part
of our project, City staff agreed to be responsible for the mitigation work for the County's
project. The proposed bridge is the most cost effective method of restoration of service and
expansion to provide needed additional capacity. In order to aSsure the road would never wash
out again, a considerably larger bridge, at a cost beyond the City's funding ability, would need
to be built. Part of the information taken into consideration in this decision was that the ultimate
alignment of this section of the road will probably change when the Otay Ranch develops in the
adjacent areas. A permanent bridge built in this location could possibly be abandoned at that
time. Work is being included in the construction plans that would protect the bridge and make
restoration of service possible within a quicker time frame.
In consideration of these concerns, this agreement calls for the City and County to agree that
the bridge construction and replacement shall consist of:
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Page-3- Item J ()
Meeting Date: 10/19/93
1.
Addressing and obtaining all mitigation and relevant permits including habitat
enhancement required by the appropriate resource agencies for the bridge
construction.
County construction of a bridge (phase 1) 28 feet wide by 80 feet long supported
by FEMA funds.
City widening as parlOf our phase 2 Otay Valley Road project the County's
constructed bridge. The City's widening is to be from 28 feet wide. to 52 feet
wide (12 feet each side).
Specifically it is mutually agreed by both the City and the County to the following:
2.
3.
.1..
County Re$oonsibilitv
With the use of FEMA funds and upon issuance of a Fish and Game Permit, the County
will be responsible for Phase 1 of the project which will consist of constructing an 80
foot long by 28 foot wide bridge beginning with the north abutment at station 103+ 10.
The bridge approach road will conform to County standards for that portion in the
County and to City standards for that portion in the City. County's contractor will be
responsible for Phase 1 of the bridge construction. The City and County must approve
each others plans which assures consistency in the rmal bridge.
~
City's Re$ponsibiJitv
The City will act as the lead agency and be responsible for Phase 2 widening of the
project which will consist of constructing a bridge widening from 28 feet to 52 feet and
80 feet long. The bridge approach will conform to City standards for the that portion
in the City and to County standards for that portion in the County. The City will also
be responsible for rmancial support, addressing and obm1ni"i all mitigation and relevant
permits including habitat enhancement required by appropriate resource agencies for the
bridge construction. The City's contractor will be responsible for construction of Phase
2 bridge widening in conform"n~ with the requirements identified by the resources
agencies. The City's responsibility is to construct Phase 2 improvements is conditioned
upon prior completion by the County of the Phase 1 improvements.
3. Both the City and County provide for indemnification of each others officers and
employees associated with work with this agreement.
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Page~ Item I/)
Meeting Date: 10/19/93 "')'
4. The agreement shall terminate upon completion of the project and payment of all amounts
due under the terms of the agreement.
S. The parties agree to name each other as additionally insured on all insurance policies
obtained within respect to Phase 1 or Phase 2 improvements.
Attached is a complete copy of the agreement.
FEMA's regulations, which require the County to construct the fITSt phase of the bridge to a
limited capacity and the City to follow up with a separate contract to widen the bridge, are not
conducive to the most cost effective approach for local agencies that wish to add funding to
construct a more useful project. In these days of fIScal belt tightening this type of regulation
requires local agencies to waste funds in doing, or redoing certain work that could be done more
effectively as one contract. Therefore, it is also recommended that the Mayor be instructed to
send a letter to the President, Vice President, our local congressmen, and U.S. Senators advising
them that these policies are causing local agencies to spend more money than a policy calling
for a coordinated approach would require.
FISCAL IMPACT: The City costs associated with this agreement are being funded with
budgeted project Otay Valley Road, Phase 11I (STM-319) funds which were appropriated in the
1993-94 budget. Attached is a copy of the page of the CIP budget outlining this project. The
City will be paying all environmental impact mitigation costs as part of the City's project. The
County will bear all costs for the construction of their project, except for environmental
mitigation measures, from their FEMA grant. '
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RESOLUTION NO.
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
COUNTY OF SAN DIEGO AND THE CITY OF CHULA
VISTA FOR THE CONSTRUCTION OF A BRIDGE OVER
THE OTAY RIVER ON OTAY VALLEY ROAD AND
AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF
THE CITY
WHEREAS, the City is currently involved in the planning
and construction acti vi ties to widen Otay Valley Road in the
segment between .I-80S freeway and the easterly City limits
southerly to Otay Rio subdivision; and
WHEREAS, Phase 1 of the project goes from I-80S freeway
to approximately 1200 teet east of Nirvana Avenue and Phase 2 goes
from 1200 feet east of Nirvana Avenue to the easterly city limits
southerly to Otay Rio subdivision; and
WHEREAS, a portion of Otay Valley Road crossing Otay
River WaS washed out in January 1993; and
WHEREAS, this agreement outlines the City's and County's
responsibility in constructing a bridge; and
WHEREAS, construction for Phase 1 of the project has been
awarded to Granite Construction company and the contract has been
executed by the city and construction is anticipated to start in
November of this year. Design work for Phase 2 is nearly completed
and is awaiting the final design of the bridge over Otay River on
Otay Valley Road.
NOW, THEREFORE, BE IT RESOLVED that the City council of
the City of Chula Vista does hereby approve an Agreement between
the County of San Diego and the city of Chula Vista for the
construction of a bridge over .the Otay River on Otay Valley Road,
a copy of which is on file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula Vista is hereby au~horized and directed 0 execute said
Agreement on behalf of the City of Chu Vista.
Presented by
John P. Lippitt, Director of
Public Works
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LOCATION CllIlE ...
DEPARTMENT OF PUBLIC WORKS
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~ U COUNT V AIJlilPORTS
COUNT., "OAD COMMISSIONER
T"A~SPO"TATION OPERATIONS
COUNTY SUAVE VOR
'LOOD CONTJIiIOL
LIQUID WASTE
aOLlD WASTE
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.... OW.........O AVE. ...... O.EOO, CALI'Oll...A .2123,1211
October 1, 1993
Mr. Cliff SWanson
Deputy Director/city Engineer
Department of Public Worka
City of Cbula Vista
276 4th Avenue
Chula Vista, CA 91910
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Dear Mr. Swanson:
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Subject:
Revise4 Agreement .et.een the County of .an Diego an4
~he City of Cbula Vista for the Construetion of a
Bri4qe over ~he Otay River on otay Valley Roa4
We bave reviewed and incorporated the City of Cbula Vista's
proposed amencSmenta to the above subject agreement which is
submitted to you for further action. The revised agreement has ~
been reviewed and approved by our County Counsel.
Any additional amencSments to the agreement will need ~o be
discussed and agreed to by our County Counsel (Bill Smith at 531-
4895) .
Please inform ua as to the date that the agreement will be heard
by your City Council. Upon approval by your City Council, we will
forward the approved agreement to the Board of Supervisors for
their approval.
If you have any questions, please contact Bill Hoeben at 495-
5287.
Very truly yours,
~
r ROGER F. WALSH
-it> r Acting Director
RFW:WAH:res
Attachment
cc: Lari Sheehan (A6)
Bill Smith (A12)
Bill Hoeben (0340)
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AGREBKJDl'T BB'l'WEEN 'l'BE COUllTY OJ' SU DIEGO
.urD 'l'BB CITY OJ' CJltJU VISTA J'OR 'l'BE CONSTRUCTION
OJ' A BRIDGE OVER 'l'BE OTAY RIVER ON OTAY VALLBY ROAD
WITNESSETH
WHEREAS, COUNTY OF SAN DIEGO (COUNTY) and the CITY OF CHULA
VISTA (CITY) desire to cooperate and jointly participate in the
design and construction of a bridge over the Otay River on Otay
Valley Road that is partially wi thin the COUNTY and partially
within the CITY; and
WHEREAS, the drainage culverts on Otay Valley Road over the
Otay River were washed out by the rains of January 1993; and
WHEREAS, Otay Valley Road is an important transportation link
for both the COUNTY and the CITY; and
WHEREAS, the COUNTY has obtained approval from the Federal
Emergency Management Agency (FEMA) to support the design and
construction of a bridge to replace the drainage facilities washed
out by the January 1993 rains; and
WHEREAS, the COUNTY and the CITY have determined to construct
a bridge over the Otay River on Otay Valley Road; and
WHEREAS, COUNTY and CITY agree that the bridge construction
and replacement shall consist of:
1. Addressing and obtaining all mitigation and relevant
permits including habitat enhancement required by the appropriate
resource agencies for the bridge construction.
2. COUNTY construction of a bridge (Phase I), 28 feet wide
by 80 feet long, supported by Federal Emergency Management Agency
(FEMA) funds. Said bridge having its north abutment at station
103+10.
3. CITY constructing a widening (Phase II), to the COUNTY
constructed bridge. The CITY widening ia to be from 28 feet wide
to 52 feet wide (12 feet each aide). Said widening to be located
such that the north abutment begins at station 103+10.
WHEREAS, the bridge over the Otay River on Otay Valley Road
hereinafter referred to as "PROJECT", will benefit residents of the
COUNTY and CITY; and
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WHEREAS, COUNTY and CITY are each empowered to enter into such .""",
public works project; and
WHEREAS, COUNTY and CITY are authorized by Government Code
sections 6500 et. seg., to enter into a joint powers agreement to
exercise powers jointly held; and
WHEREAS, COUNTY and CITY desire to specify herein the terms
and conditions by which the design and construction of said PROJECT
shall be accomplished and financed.
NOW, THEREFORE, it is mutually agreed to by and between the
COUNTY and CITY as follows:
1. COUNTY RESPONSIBILITIES. With the use of FEMA funds, and
upon issuance of the Fish and Game permit, the COUNTY will be
responsible for Phase I of the PROJECT which will consist of
constructing a bridge 80 feet long by 28 feet wide beginning with
the north abutment at station 103+10. The bridge approach road
will conform to County Standards for that portion in the COUNTY and
City Standards for that portion in the CITY. The COUNTY contractor
will be responsible for construction of the Phase I bridge
construction in conformance with the requirements identified by the
resource agencies. COUNTY agrees to use it.s reasonable best
efforts to obtain the FEMA funds necessary to complete the Phase I
improvements.
1
2. CITY RESPONSIBILITIES. The CITY will act as lead agency
and be responsible for the Phase II widening of the PROJECT which
will consist of constructing a bridge widening from 28 feet to 52
feet, 80 feet long, with the north abutment beginning at station
103+10. The CITY will ensure the width of the bridge will have a
52 foot width. The bridge approach road will conform to City
Standards for that portion in the CITY and County Standards for
that portion in the COUNTY. The CITY will also be responsible for
financial support, addressing, and obtaining all mitigation and
relevant permits including habitat enhancement required by the
appropriate resource agencies for the bridge construction. The
CITY contractor will be responsible for construction of the Phase
II bridge widening in conformance with the requirements identified
by the resource agencies. CITY's responsibilities to construct
Phase II improvements is conditioned upon the prior completion by
the COUNTY of the Phase I improvements.
3. DESYGN AND CONSTRUCTiON OF BRiDGE. Both
CITY shall review the design work on the bridge
agency's acceptance of the construction work
jurisdiction.
4 (a). INDEMNIFICATION BY THE COUNTY. COUNTY shall
indemnify, defend and save CITY and CITY's agents, officers and
employees harmless from and against any and all active and passive ~
liability, claims, suits, actions, damages, and/or causes of action '
arising out of any personal injury, bodily injury, loss of life or
the COUNTY and
and seek each
within their
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damage to property, violation of any federal, state or municipal
law or ordinance, or other cause in connection with any activities
under this Agreement of COUNTY, COUNTY's employees or agents, or on
account of the performance or character of the work, unforeseen
difficulties, accidents, occurrences, or other causes, and from and
against all costs, counsel fees , expenses incurred in Obtaining
expert testimony and the attendance of witnesses, expenses and
liabilities incurred in and about any such claim, the investigation
thereof, or the defense of any action or proceeding brought
thereon, and from and against orders, judgments, or decrees which
may be entered therein.
4 (b). INDEMNIFICATION BY THE CITY. CITY shall indemnify,
defend and save COUNTY and COUNTY's agents, officers and employees
harmless from and against any and all active and passive liability,
claims, suits, actions, damages, and/or causes of action arising
out of any personal injury, bodily injury, loss of life or damage
to property, violation of any federal, state or municipal law or
ordinance, or other cause in connection with any activities under
this Agreement of CITY, CITY's employees or agents, or on account
of the performance or character of the work, unforeseen
difficulties, accidents, occurrences, or other causes, and from and
against all costs, counsel fees, expenses incurred in obtaining
expert testimony and the attendance of witnesses, expenses and
liabilities incurred in and about any such claim, the investigation
thereof, or the defense of any action or proceeding brought
thereon, and from and against orders, judgments, or decrees which
may be entered therein.
4 (c). These indemnity provisions are not limited in any
way by the extent of any policy of insurance currently in force and
held by either party.
5. This Agreement may not be modified, amended or otherwise
changed unless by an amendment in writing and executed by the
parties.
6. This Agreement shall terminate after completion of the
PROJECT and payment of all amounts due under the terms of this
Agreement. Notwithstanding the foregoing, each parties indemnity
obligations hereunder shall survive the termination of this
Agreement.
7. The parties agree to name each other as additional
insureds on all insurance policies obtained with respect to the
Phase I and Phase II improvements.
IN WITNESS WHEREOF, this Agreement i. executed by the County
of San Diego pursuant to action taken by the Board of supervisors
and the City of Chula Vista pursuant to action taken by its city
Council.
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CITY OF CHULA VISTA
BY:
Mayor of the City of
Chula Vista
ATTEST
Clerk
DATE:
CLAVISTA
rev. 9/30/93
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COUNTY OF SAN DIEGO
BY:
Clerk of the Board of
Supervisors
APPROVED AS TO FORM
BY:
County Counsel
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WlUlA VISTA
I "'ICHASIOC.ocIIIT -II'
WTTAet-//'I/ii:N l' D AU-~-U ..:.J./;1 (
REQUISITION I__MO~":"-';' a I(
CJ STORES, ag PURCHASING . E-1l3 .
"-WlIUlHISM'TlU_AIlDllIlNBTII THI~D~'~~~'TII"DOIIL'
Engineering _ Design ~CUWNTiUIICii:',_OI. 1l$Al(-.l1N
276 Fourth Avenue
Chula Vista, CA ON9ol~.
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UNIT DESCRlP'TlON PRICE AMOUNT
Provide brido:e desio:n consultino: services
for Otav River Bridoe Crossino. A co"v
of the annroved aoreement is attached.
Also attached is co"v of Citv Manaoer's
authorization me~o.
Sinde FlY Fee $20.932.00
Material Reimbursement 300.00
TOTAL $21.232.00
Fundino: source:
Otav Vallev Road - Phase III 603-6030-STM3 9
VENDOR: McDaniel EnRineerinR Comnanv. Inc
5030 Camino De La Siesta. Ste.204
San DieRo. CA 92108
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MEMORANDUM
November 22, 1993
File # AD-OS?
TO:
FROM:
John Goss, City Manager ..J /
John P. Lippitt, Director of Public worit'V
Approval of Agreement between the City of Chula Vista and McDaniel
Engineering Company, Inc., for bridge design consulting services for Otay River
Bridge Crossing
SUBJECT:
We have been working with the County of San Diego to rebuild the Otay Valley Road bridge
washed out by the rains last winter. The County, as the lead agency for this project is now in
the process of repairing the washed out road by constructing a two lane bridge (26 foot wide)
across the Otay River. Listed below is their proposed schedule for this construction.
Receive bids:
Award Contract:
Pre-construction meeting:
Begin construction:
End construction:
Open the roadway to traffic:
December 10, 1993
December 16, 1993
January 6, 1994
January 13 ,1994
May 20, 1994
May 25, 1994
After last year's winter rains, numerous bridges and crossings in the County were damaged or
washed out. The County requested proposals from sixteen fums for the design of these various
bridges and they selected the top six firms for the design of the various projects. The County
assigned the first project to the top rated company and the next to the second ranked company,
and so on. The firm of McDaniel Engineering Company, Inc. was chosen by the County to
design the Otay River bridge crossing project. A review of the consultant selection process
indicates that they generally followed the Board of Supervisors' policy for hiring consultants.
The only exception was that they shortened the time period required to complete the process.
The bridge as proposed by the County will be 26 feet wide. However, in order to provide for
the City's projected needs consisting of providing one lane northbound; two-lanes southbound
(the lane southbound is for merging the trucks leaving the Nelson Sloan gravel area); and
providing a bicycle lane on both the north and southbound directions, the width of the bridge
needs to be 52 feet. Preparation of the plans to widen the bridge will be the City's
responsibility. Since McDaniel Engineering Company, Inc. did the design plans for the County
of San Diego for the 26 foot wide bridge crossing, we believe it to be in the best interest of the
City to hire them to prepare the plans for the expansion of the bridge. To this effect we met
with McDaniel Engineering to negotiate a contract for the design of the bridge expansion needed
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John Goss, City Manager
2
November 22, 1993
.
to acco=odate our needed width. We did not advertise nor request proposals from other
consultants .
Attached for your approval is a two-party agreement between the City and McDaniel
Engineering Inc. for the bridge design consulting services for the Otay River Bridge Crossing.
The cost of this work is $20,932.00. Page 2 and 3 of exhibit A of this agreement outlines the
work the consultant is expected to perform.
We are requesting that you execute the three copies of the agreement and return them to me.
By signing below, you will authorize the encumbrance of $20,932.00 in a Purchase Order for
McDaniel Engineering Company, Inc. to be used to pay for the services rendered per this
agreement. The funds will come from budgeted CIP project Otay Valley Road Phase III,
account number 603-6030-STM319.
Please call me at your convenience if you desire additional information or would like to further
discuss this request.
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Attachment
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Parties and Recital Page(s)
Agreement between
City of Cbula Vista
and
McDaniel Engineering Company, Inc.
for Bridge Design Consulting Services
for the Otay Valley River Bridge Crossing
in the City of Cbula Vista
""'"'
This agreement ("Agreement"), dated ~Olla.lu-Iw-. )..:. rttA~ for the plDpOses of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 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 S, 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 is desirous to widen the Otay Valley Road bridge crossing of Otay
River; and
Whereas, the City desires to retain a consultant engineer to prepare the widening plans 1
and coordinate with other reviewing agencies.
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the tenns and conditions of this
Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
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WlC P!\lIO_OINEElNI<5.93
COll,3- '2.'11
Pl&e 1
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OBLIGATORY PROVISIONS PAGES
NOW. lHEREFORE. BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perfonn 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 perfonning 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
tenninate 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 perfonned 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 usociated with said reduction.
D. Additional Services
In addition to perfonning the Defined Services herein set forth, City may require
Consultant to perfonn 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 perfonn same on a time and materials basis at die rates set forth in
the "Rate Schedule" in Exhibit A. ParaJl'lph 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 qreement, whether Defined Services
or Additional Services, shall perfonn in a manner consistent with that level of care and Ikill
ordinarily exercised by members of the profession currendy practicing under similar conditions
and in similar locations.
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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 Jirnits 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 Uability 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 Jirnit applied
separately to each project away from premises owned or rented by Consultant, which names City
and Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant
in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Uability 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 Uability 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.
(1) Performance Bond.
In the event that Exhibit A. at Paragraph 9, iDdicates the need for Consultant to
provide a Performance Bond which iDdication shall be made by checking the parenthetical space
adjacent to the term "Performance Bond", then Consultant shall provide to the City a performance
bond by a surety and in a form satisfactory to the City Auomey in an amount indicated in the
space adjacent to the term, "Performance Bond", in said Paragraph 9, Exhibit A.
.
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I. Business Ucense
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title S of the Chula Vista Municipal Code.
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 tr:nn of the agreement In addition thereto, City agrees
to provide the infonnation, 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 justifllble delay in the Consultant's
perfonnance 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
.check mark" next to the appropriate arrangement, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient infonnation 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 Administratorsj indicated on Exhibit A,
Paragraph n, 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.
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S. Liquidated Damages
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 per_
formance. The parties have used their judgment to arrive at a reasonable amount to compensate
for delay.
Failure to complete the Defmed 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 ("Liql'ilfRtI'd 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 Fller.
'1
If Consultant is designated on Exhibit A, Paragraph IS, as an "FPPC f1ler", Consultant
is deemed to be a "Consultant" for the pmposes 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 IS 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 Fller, Consultant shall not
make, or participate in making or in any way attempt to use Const1ltant'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 AgreemenL
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Fller, Const1ltant wamnts and
represents that Consultant has dlligendy conducted a search and inventory of Consu1tant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the belt of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this ,
agreement
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D. Promise Not to Acquire Conflicting Irtterests.
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 tenn of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
E. Duty to Advise of Conflicting Irtterests.
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 pwpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Irtterests.
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 Defmed Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defmed Services, ("Prohibited Irtterest"),
other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, ptuity or other reward or pin has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this AgreemenL
Consultant promises to advise City of any such promise that may be made during the Tenn of
this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Irtterest
within the Tenn 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 pennission of City.
7. Hold Harmless
Consultant Ihall defend, indemnify, protect and bold lwmless the City, its elected and
appointed officers and employees, from and against all claims for damqes, liability, cost and
expense ('mcluding without limitation attorneys' fees) arising out of the coDduct of the Consultant,
or any agent or employee, subcontractors, ar others in COlIJlel!I;ion with the execution of the worlt
covered by this AgreCmcnt, except only for those claims arising from the sole negligence or sole
willful conduct of the City, its officers, or employees. Consultant's indemnification Ihall include
any and all costs, expenses, attorneys' fees and liability incurred by the City, its off1cer&, qents,
or employees in defending against such claims, whether.the same proceed to judgment or nOL
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Further, Consultant at its own expense shall, upon written request by the City, defend any such
suit or action brought against the City, its officers, agents, or employees. Consultants' ,
indemnification of City shall not be limited by any prior or subsequent declaration by the
Consultant
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
fmished 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, Consultant shall be entitled to receive just and equitable compensation for any
lltisfactory 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, which City may not unreasonably deny. City
hereby consents to the assiJlUDent of the portions of the Defmed Services identified in Exhibit
A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". '}
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12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, infonnation, data, statistics, fonna, 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, fonna 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.
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 fll"st been presented in writing and filed with the CitY and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the City in
the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the tenns 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 recover all reasonable costs incurred in the defense of the
claim, including costs and attorney's fees.
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 Defmed 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.
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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
Ware 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 mail. addressed to such party, postage prepaid, registered or c:crtif'ted, 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 Califomia, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder. shall be the City of Chula Vista.
.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City of Chula Vista and
McDaniel Engineering Company, Inc.
for Bridge Design Consulting Services
for the Otay Valley River Bridge Crossing
in the City of C1u1a Vista
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:
Dated:
1/-~1-9 :3
City of Chula Vista
, Att?;t:
~{hfJ () ai.d?(j;~
BeverJ;1 thelet, City k
'. A (~<Au"k .
\
,
Dated:
McDaniel Engineering Company, Inc.
By: M ~~~..J# ~~
W. MARK ASHLEY, PRFSIDENI'
By:
Exhibit List to Agreement
( x) Exhibit A.
( ) Exhibit B:
.
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Exhibit A
to
Agreement between
City of Chula Vista
and
McDaniel Engineering Company, Ine.
~
1. Effective Date of Agreement: December 1, 1993
2. City-Related Entity:
( x) City of Chula 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
("City")
~
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: McDaniel Engineering Company, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( x) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
S030 Camino De La Siesta, Suite 204
San Diego, CA 92108
Voice Phone (619) 692-1920
Fax Phone (619) 692-0634
~
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7.
General Duties:
Consultant shall design, prepare plans, specifications and estimate for the widening of
a bridge across the Otay River at a point where Otay Valley Road crosses said river.
Consultant shall provide all necessary coordination with other agencies necessary for
their review and approval of the bridge design.
The County of San Diego is shortly going to be constructing an 82'long x 28' wide
Otay Valley Road bridge over the Otay Valley River. The Otay Valley Road bridge,
once constructed by the County, is proposed by the City to be widened ]3' on each side
to provide a total width of 54'. The widened structure will be AC. overlay on glued
laminated deck on steel girders to match the bridge constructed by the County.
8. Scope of Work and Schedule:
A Detailed Scope of Work:
Coordination of Work
Provide all necessary coordination with other agencies necessary for their review
and approval of the bridge plans, specifications, and estimates.
Site Review
Design shall be based on the fmal "as built" structure constructed by the County.
Consultant is responsible for all field measurements necessary to prepare his
fmal design.
Preliminary DesillD and Estimate
A preliminary design and estimate will be submitted to the City for review and
comment. this will ensure that proposed work meets with the City's proposed
roadway work and is within City's budget.
Plans. Soecifications and Estimate (PS&E)
Consultant shall prepare plans, specifications, and engineer's estimate (PS&E)
for the structures. In addition, a sketch and design data shall be prepared for a
Change Order to the County of San Diego to include piles required for an
expanded bridge, to the County's original construction.
Plans shall be prepared on 24"x36" sheets in accordance with the City of Chula
Vista plan requirements and the following CalTrans documents:
1. Bridlle Desim Specifications
2.
Brid2e Memos to Deshmers
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3.
BridlZe DesilZll Aids
1
4. BridlZe DesilZ1l Details
Specification (Special Provisions) shall be prepared in accordance with CalTrans
format, based on CalTrans Standard Specifications and Standard Special
Provisions. Special Provisions will be submitted on mM diskette in
Wordperfect 5.1 format. Hard copies will also be forwarded as required.
In-House Review of Plans
An in-house review of the structural design, plans, and quantity shall be made
by McDaniel Engineering Company, Inc.
Submission and Review of Plans
The required number of sets of structural calculations, plans, special provisions,
and engineer's estimate shall be submitted to the City of Chula Vista and
County of San Diego for review and comment.
Plans and specifications to be revised and resubmitted, as required, based on
comments from the City of Chula Vista and County of San Diego.
MeetinlZs
""""'
!
Consultant shall attend, as required, one preliminary design meeting and one
meeting during the design process.
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. I: Preliminary Design, Estimate, and sketch for piles for
County (20 days)
Deliverable No.2: Submission of Unchecked Plans (45 days)
Deliverable No.3: Submission of PS &. E (15 days)
Deliverable No.4: Final Submission of Approved PS&.E (10 days)
"""\
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D.
e
Date for completion of all Consultant services:
120 days from effective date of agreement, assuming a review itme of not more
than 30 days by the reviewing agencies.
9. Insurance Requirements:
(x) Statutory Worker's Compensation Insurance
(x) Employer's Liability Insurance coverage: 51,000,000.
(x) Commercial General Liability Insurance: 51,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
( x) Errors and Omissions Insurance: 5250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
A. Civil plans for adjacent roadway construction.
B. Location of existing utilities and identification of utilities to be carried on the
structure, if any.
C.
Ie D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
.
Metal beam guard railings/crash cushions (off of the bridge).
Roadway approach design and plans.
Structure lighting and signing plans.
Architectural renderings.
Surveying work other than that require for "Site Review" for paragraph 8A
above.
Geotechnical engineering.
Environmental documents/permits.
Landscaping design.
Grading plans.
Traffic control/detour plans.
Channel hydraulics and channel improvement plans.
PS&E for utility facilities.
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WPC F,\II0ME\ENGINEERIlI46.93
I I. Compensation:
A. (x) 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: $20,932, payable as follows:
Amount of
Milestone of Event or Deliverable Fixed Fee Percent
Preliminary Design and Estimate 20%
Submission of Unchecked Plans 65%
Submission of PS & E 90%
- 100% will be paid after approval of the plans by the (100%)
City of Chula Vista and the County of San Diego
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. $
C. ( ) 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 hereinbelow according to the .
following terms and conditions:
(I)
()
Not-to-Exceed Limitation on Time and Materials Arrangement
""""
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Notwithstanding the expenditure by CAnsultant of time and materials in
excess of said Maximum Compensation amount, CAnsultant agrees that CAnsultant
will perform all of the Defined Services herein required of CAnsultant for
$ including all Materials, and other "reimbursables" ("Maximum
Compensation").
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal
to ("Authorization Limit"), CAnsultant 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 CAnsultant's own cost and expense.
Rate Schedule
Ie
Cateaory of Employee of Consultant Name Hourly Rate
PRINCIPAL BRIDGE ENGINEER W. MARK ASm.EY $110.00
SENIOR BRIDGE ENGINEER PERRY SCHACIIT 90.00
ASSISTANT BRIDGE ENGINEER JOE TOGNOLI 65.00
BRIDGE DRAFTSPERSON TONY CASTREJON 50.00
() Hourly rates may increase by 6% for services rendered after [month], 19
. if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by CAnsultant in the performance of
services herein required, City shall pay CAnsultant at the rates or amounts set forth below:
( ) None. die compensation includes all costs.
Cost or Rate
() Reports. not to exceed $
( ) CApies, not to exceed $
( ) Travel, not to excetd $ :
.(x) Printing, not to exceed $ : >
(x) Postage. not to exceed $ . > $300 Total
.
(x) Delivery. not to exceed $ .
>
( ) Long Distance Telephone Owges.
not to exceed $
. () Other Actual Identifiable Direct CAsts:
. not to exceed $
. Dot to exceed $
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13. Contract Administrators:
City:
City of Chula Vista
Shale Hanson, Civil Engineer
"""
Consultant: McDaniel Engineering Company, Inc.
Mark Ashley, President
14. Liquidated Damages Rate:
( x) $0 per day.
( ) 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, inter~t 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.
WPC F:'flOME\ENGINEER\1I06.93
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Page 7
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f
.
.
( ) 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: No
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
( x) Other: After reaching each milestone
B. Day of the Period for submission of Consultant's Billing:
( )
( )
( )
(x)
First of the Month
15th Day of each Month
End of the Month
Other: 15th day after each milestone
C. City's Account Number: 603-6030-STM 319
~G-~
Pase 8
WPC P:\II0MN:NGINEER\1106.93
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- This Page Blank-
'1
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~ "~kf}
RESOLUTION NO. '75'8
'( 1,lt-
'-0 C( /~
J)(O 'I '\
,,\ ,L
" .,
P. rr It L H fVJFN T c:..
.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BID AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF ASSESSMENT DISTRICT NO. 90-2 (OTAY
VALLEY ROAD PHASES II AND III) FROM' ,200 FEET EAST OF
NIRVANA AVENUE TO THE NORTHERLY LIMITS OF OTAY RIO
SUBDIVISION IN THE CITY OF CHULA VISTA, CA. (ST-' 23 AND
STM-3'9) AND APPROPRIATING FUNDS THEREFOR
WHEREAS. at 2:00 p.m. on May' 7, , 993. in Conference Rooms 2 and 3 in the Public
Services Building. the Director of Public Works receive five sealed bids for "The Improvement
of Assessment District No. 90-2 (Otay Valley Road, Phases II and III) from 1,200 feet east of
Nirvana Avenue to the northerly limits of Otay Rio Subdivision in the City of Chula Vista. CA
(ST-123 and STM-319l" as follows:
.
Contractor Bid Amount
1. Signs & Pinnick. Inc. . El Cajon $2,374,136.70
2. W. R. Connelly, Inc. . Spring Valley 2,462.939.12
3. Granite Construction Company - San Diego 2,543,507.00
4. Erreca's Inc. - Spring Valley 2,685,947.00
5. C. W. McGrath. Inc. - El Cajon 3,274,470.00
WHEREAS. the low bid by Signs & Pinnick. Inc. is below the Engineer's estimate of
$3.333.774 by $959,637.30 or 28.79%; and.
WHEREAS. the low bid by Signs & Pinnick, Inc. had a minor technical irregularity which
involved failure of the contractor to list all the subcontractors to whom the low bidder
proposes to subcontract portions of the work; and.
WHEREAS. although the bidder did not submit a complete list originally. h"
subsequently provided a new list showing two additional subcontractor and this irregularity
does not change the status of the original bid for meeting the contractor's DBE requirements;
and.
WHEREAS. on Phase II, in April 21, 1992. the City Council, by Resolution 16599,
certified the final EIR (EIR-89.01) for Otay Valley Road Phases I & II and on Phase III, the
negative declaration pursuant to CECA requirements for Phase III was filed on October 8.
1993 with the County Clerk's office (15.93.39); and.
WHEREAS. the bid documents require the contractor to have disadvantaged business
enterprises perform 15% of the work or show a good faith effort by the contractor to solicit
such participation and Signs & Pinnick. Inc. have disadvantaged business enterprises
performing 22% of the work.
.
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.
.
Resolution No. 17518
Page 2
NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY FIND. DETERMINE. ORDER AND RESOLVE AS FOLLOWS:
"""
Section 1. That the City Council certified the Final EIR (EIR-89-01) for Otay Val/ey Road
Phases I & II and adopted the Negative Declaration (lS-93-39) for Phase III
pursuant to the California Environmental Quality Act.
Section 2. That the City Council does hereby accept the bid of Signs & Pinnick. Inc. as
responsive and waives the minor irregularity in the low bid consisting of the
contractor's failure to list al/ the subcontractors in the original bid form.
Section 3. The City Council finds that Signs & Pinnick, Inc. has clearly made good faith
effort to comply with the DBE participation goals required by federal regulations
for projects using federal funds. and has therefore satisfied the DBE
participation requirements and has complied with the City of Chula Vista goals.
J!;(p~
Director of Public Works
I
Section 4.
Section 5.
Section 6.
;
. 'Section 7.
. ,
Presented by
..
The City Council awards the contract for the improvement of Assessment
District No. 90-2 (Otay Valley Road. Phases II and III) from 1.200 feet east of
Nirvana Avenue to the northerly limits of Otay Rio Subdivision in the City of
Chula Vista in the City of Chula Vista. California to Signs & Pinnick, Inc..
known as document number C094-087, a copy of which is on file in the office
of the City Clerk. in the amount of $2.374,136.70, the lowest responsible
bidder which submitted a responsive bid to the approved specifications,
contingent upon receipt of bond proceeds and approval of the FY 1994/95 CIP
Budget.
"""
The Mayor of the City of Chula Vista is hereby authorized and directed to
execute said contract for and on behalf of the City of Chula Vista.
The City Council does hereby appropriate $871.266.85 from the
unappropriated balance of Fund 637. Improvement Fund, to CIP Project ST-
123.
The City Council does hereby authorize Department of Finance to set up the
necessary expenditure accounts in Fund 637, Improvement Fund and revenue
account for the SDG&E payment.
~
App" 'd;"~f~
Bruce M. Boogaard
City Attorney
~ ~/r::..<
.
.
Resolution No. 17518
Page 3
.
PASSED. APPROVED and ADOPTED by the City Council of the City of Chula Vista.
California. this 7th day of June. 1994. by the following vote:
YES:
Councilmembers:
Fox. Horton. Moore. Rindone. Nader
NOES:
Council members:
None
ABSENT:
Councilmembers:
None
ABSTAIN:
Councilmembers:
None
----.:/2. /'
,". '&-/.,
--+- ~ -"~
Tim Nade'r. Mayor
ATTEST:
.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
CITY OF CHULA VISTA)
I. Beverly A. Authelet. City Clerk of the City of Chula Vista. California. do hereby certify that
the foregoing Resolution No. 17518 was duly passed. approved. and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 7th day of June.
1994.
Executed this 7th day of June. 1994.
~ C! a -;;r.U;,
Beverly . Authelet. City Clerk
.
~ j/tf-J
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COUNCil.. AGENDA STATEMENT
'"""
Item
Meeting Date 6n /94
SUBl\u1 u;D BY:
--
. ~ ") 'j f
Resolution Accepting bids, and awarding contract for "The
improvement of Assessment District No. 90-2 (Otay Valley Road, Phases n and
ill) from 1,200 feet east of Nirvana Avenue to the northerly limits of Otay Rio
Subdivision in the City of Chula Vista, CA (ST-123)" and lIppropriating funds
therefore. ~~ ;I
Director of Public wory (f(V
City Manager (4/5ths Vote: YesLNo-->
ITEM TITLE:
REVIEWED BY:
At 2'00 p.m on May 17, 1993, in Conference Rooms 2 and 3 in the Public Services Building, the
Director of Public Works received sealed bids for "The Improvement of Assessment District No. 90-2
(Otay Valley Road, Phases n and ill) from 1,200 feet east of Nirvana Avenue to the northerly limits
of Otay Rio Subdivision in the City of Chula Vista, CA (ST-123)" The work in general includes:
mobilization, traffic control, removal and disposal of existing improvements, clearing and grubbing,
relocation of existing facilities, excavation and compaction, import and compaction, asphalt concrete
pavement, aggregate base, subbase, curb and gutter, sidewalk, driveways, chain link fencing, erosion 1
control, silt fencing, various drainage inlets and structures, reinforced concrete pipe, street lighting,
median barrier, pavement striping and signing, landscaping and irrigation, street survey monuments,
protection and restoration of existing improvements and relocation of all facilities in conflict with the
proposed improvements. It also includes Otay Valley Road bridge widening improvements crossing
Otay River and the construction of all appurtenances and other work as may be necessary to render
the above improvements complete and workable.
RECOMMENDATION: That Council:
.'
1. Waive minor irregularity in the low bid consisting of the contractor's failure to list all the
subcontractors in the original bid form.
2. Appropriate 5871,266.85 from the unllppropriated balance of Fund 637, Improvement Fund,
to elP Project ST-123.
3. Authorize Department of Finance to set up the necessary expenditure accounts in Fund 637,
Improvement Fund and revenue account for the SDG&E payment.
4. Accept bids and award contract to Signs & Pinnick, Inc. in the amount of 52,374,136.70
contingent upon receipt of bond proceeds and approval of the 1994/95 CIP Budget.
BOARDS/COMMISSIONS RECOMMENDATION: Not lIpplicable.
1
~?~(
.
Page 2, Item
Meeting Date 6r1194
DISCUSSION:
Back2Tound
The widening of Otay Valley Road from I-80S to the northerly boundary of the Otay Rio Subdivision
has been planned as a phased project In June 1992, the City Council, by Resolution No. 17204,
awarded a contract for the first phase of the project. Phase I extended from I-80S to 1,200 feet east
of Nirvana Avenue and is now in progress. The proposed contract will construct Phases D and m.
Phase D will extend from 1,200 east of Nirvana Avenue to the northerly limits of the Otay River
bridge crossing Phase m will widen the existing 26-foot wide bridge presently being constructed by
the County to a width of 52 feet tying the roadway to the northerly limits of the Otay Rio Subdivision
(see attached map).
Phases I and D were proposed to be funded via the formation of Assessment District 90-2. Phase m
is a separate CIP project approved in the FY 1993-94 budget (STM-3 I 9). Bonds for Phase I were
sold in September, 1993 and staff anticipated selling bonds for Phase D in July, 1994. When Council
authorizes the bond sale you will also be requested to approve deposit of those funds into Fund 637,
Improvement Funds to CIP Project ST-123.
. Bid Results
Bids for construction of Phases D and ill of the Otay Valley Road widening project were received
from five contractors as follows:
CONTRACTOR
BID AMOUNT
1. Signs & Pinnick, Inc. - El Cajon $2,374,136.70
2. W. R. Connelly, Inc. - Spring Valley $2,462,939.12
3. Granite Construction Company - San Diego 2,543,507.00
4. Erreca's Inc. - Spring Valley 2,685,947.00
5. C. W. McGrath, Inc. - EI Cajon 3,274,470.00
The low bid by Signs & Pinnick, Inc. is below the Engineer's estimate of$3,333,774 by $959,637.30
or 28.79%.
The low bid by Signs & Pinnick, Inc. had a minor technical irregularity. The irregularity involved
failure of the contractor to list all the subcontractors to whom the low bidder proposes to subcontract
portions of the work. Although the bidder did not submit a complete list originally, he subsequently
provided a new list showing two additional subcontractors (see attached letter). This irregularity does
not change the status of the original bid for meeting the contractor's DBE requirements. The Council
by approving this resolution will be waiving this minor irregularity in the bid.
.
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Page 3, Item
Meeting Date 6nt94
--""\
Disadvanta!!ed Business Enterorise Goal
The bid documents require the contractor to have disadvantaged business enterprises perform 15% of
the work or show a good faith effon by the contractor to solicit such participation. Sign and Pinnick
Inc. have disadvantaged business enterprises perform 22% of the work. Juan Arroyo, Housing
Coordinator, has reviewed Signs & Pinnick, Inc. effon to meet the City's DBE participation
requirements for this project. His conclusion is that Signs & Pinnick, Inc. has complied with the City's
goal (See attached memo).
Environmental Status
Phase D - In April 21, 1992, the City Council, by Resolution 16599, certified the fmal ElR (ElR-
89-01) for Otay Valley Road Phases I & D.
Phase ill - The negative declaration pursuant to CEQA requirements fOT Phase m was filed on
October 8, 1993 with the County Clerk's office (1S-93-39).
Disclosure Statement
Attached is copy of the contractor's disclosure statement.
""'"
Prevailin!! Wa!!e Statement
This project will be funded from various sources (see Financial Statement, below). Prevailing wage
scale as those determined by the Director of Industrial Relations, State of California are applicable to
this project.
Financial Statement
'.
The project combined two ClP projects: 1) Assessment District No. 90-2, construction of Otay Valley
Road Phases I and D (ST123) and; 2) the construction of Otay Valley Road Phase 3 (STM-319).
Therefore, listed below are the funding requirements based OD each of the projects as a separate project.
"""
I
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Page 4, Item
Meeting Date 6nt94
.
Fin~ncial SUltement
.
FUNDS REQUIRED FOR CONSTRUcnON OF OTAY VALLEY ROAD PHASE n
A. CODll'aCl Amoum (estimated cost for Phase n construction $1,808,136.70
only) ($2,374,136.70 Total Bid - $566,000.00 Phase Ill)
B. COIIliniencies (approx. 10%) 180,813.67
C. Add'!. Riiht-of-Way Expenses for Mitiiation Area <1 roadway 128,600.00
D. Staff Costs (construction inspeaion, traffic inspection, desien 200,000.00
construction)
E. Water meter, and water usa&e cost to construct and m.im. in 82,500.00
the landscapin& ..
F. Material and soil testin& 75,000.00
G. MonilOrin& 25,000.00
H. Postin& a Permits Bond for $484,000 (State and Federal 18,150.00
a&encies) cost
1. Assessment District Costs 180,452.00
Total funds required for construction Phase n $2,698,652.37
Total funds required for construction of Otay Valley Rd. Phase I
Total funds required for construction Phases I <1 n Otay Valley Rd.
$4,262,926.48
$6,961,578.85
.
FUNDS A V AD...ABLE FOR CONSTRUCTION OF -
PHASES I AND n PORTION OF OT A Y V ALLEY ROAD
A. RedevelopmeDl Aiency - Otay Valley Project F1md (Fund 621) $338,334.00
(ST-123)
B. Transportation DIF (Fund 621) (ST-123) 106,994.00
C. Appropriation of funds from 1IDllPProprialed ....I.nr.e of 871,266.85
improvemeDl fund - (Fund 637) to ST.123
D. Bond Series B (pendin& bond proceeds) 2,490,163.00
E. SDG<1E Paymen! . (Fund 637) 130,000.00
F. Otay Valley Road AD 90-2 (ST-123) - (Fund 637) 3,019,028.00
G. RedevelopmeDl Aiency - Otay Valley Project Fund (Fund 996) 5,793.00
(RD-20S)
Total funds available for construction $6,961,578.85
~ / -t??
Page S, Item
Meeting Date 617/94
"""'\
FUNDS REQUIRED FOR CONSTRUCTION OF OT A Y V ALLEY ROAD PHASE III
A. Contract Amount (estimated cost for Phase III, $S66,OOO.OO
construction only) ($2,374,136.70 Total Bid -
$1,808,136.70 Phase II)
B. Contingencies (approx. 10%) 56,600.00
C. Additional Right-of-Way Expenses for Mitigation Area 38,000.00
D. Staff Costs (construction inspection, traffic inspection, SO,OOO.OO
design construction)
E. Bridge Construction Change Order with the County of 40,000.00
San Diego (estimated cost) .'
F. Water meter, and water usage cost to construct and 13,500.00
maintain landscaping
G. Monitoring 10,000.00
H. Posting a Permits Bond for $484,000 (State and Federal 6,000.00
agencies) Cost
I. Material and Soil Testing 12,000.00
Total funds required for construction Phase III $822,100.00
'"""\
FUNDS AVAILABLE FOR CONSTRUCTION OF
PHASE III PORTION OF OT A Y V ALLEY ROAD
TransNet (STM-319) $68,910.47
Proposed 1994-95 CIP Budget 753,189.53
Otay Valley Road Phase III - Fund 603 STM 319
Total funds available for construction $822,100.00
nSCAL IMPACT: The landscaped slopes in the mitigation area are being maintained by tbe contractor
for period of 5 years. The restoration and revegetation plan imposed by tbe State and Federal agencies
require the City to post a 5-year bond to parantee the completion of the mitiaation work. This bond is for
S484,OOO and is estimated to cost $18,150 for Phase n and $6,000 for Phase m. At tile eDd of this time,
it is anticipated that staffs work in the area will be minim.! because tbe native plants will be establisbed both
on the slopes and in the mitigation area resulting in no further irrigation of the area or maintenance. The
roadway itself will require routine City maintenance.
~ c:: -~r
'1
Page 6, Item
Meeting Date 6/7/94
.
Otay Valley Road Phase II and III are included in Cycle 4 and 5 (phase II and III) respectively, of the State
Local Transportation Partnership Program (SLTPP) known as SB300 funds. The deadline for award of the
project under cycle 4 is June 30, 1994. This program is anticipated to reimburse the City an amount equal
to 22.43% of the consttUction costs (0.2243 x 1,808,136.70 = $270,985.06) for Phase II or $375,478,
whichever is less, and it is anticipated that 20% of the consttUction cost for Phase III or approximately
$114,000. These funds will be placed in the Transportation Partnership Fund (Fund 253) for use for future
projects.
Series B Bonds for Phase II consttUction are estimated to provide $2,490,163 in revenue to Fund 637,
Improvement Fund.
SLH.AO-088-6. AO-087-6
WPC M:\BO!dE'\E\GD-;EER\AGE-."DA\19r48.94
Attachments :
Locator Map
Subcontractor list, dated 5-19-94
Memo - Juan Arroyo, dated 5-24-94
Contractor's disclosure statement
.
.
Y ;;, r-t.f
Z '
,
SCALE NONE
8GN.PHASE /I
STA 76+00 '
RO CT,
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~
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SCALE; NONE
1-10'
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DrAY VALLEY ROAD "I DENNING
PHASE I. /I 8 11/ INTERIM CONSTRUCTION
eO~~UT!. ~JL~ OT.~~.~2
CUU,lItN .Y All ."..1.
. .
.
..,IGNS
':J!!J ~/NNICK
Ir=GENERAL ENGINEERING CONTRACTORS
May 19, 1994
Shale Banson
City of Cbula Vista
276 Pourtb Av.nue
Chula Vista, CA 91910
RB: Subcontractors for Otay Val1.y Road Phase %1 . %%1.
Babitat W.st
160 Bl Valle Opultno
Vi.ta, CA 920B3
Babitat Restoration
Lic 1 C27-672030
Cal Trans CT-021941
Pbone 59B-B671
Pacific soutbw..t Biologic.l
s.rvic.s, %nc.
P.O. Box U5
National City, CA 91951-09B5
Land.cape / Biologi.t
Lic 1 C27-531247
Pbone 477-5333
Summi t Surveyors
1532 Tavern Road
Alpine, CA 91901
Surv.yors
Lic 1 RCE-2B92B
Pbon. 561-4600
Sapper Con.truction
P.O. Box 600630
San Di.go, CA 92160
Concr.te Barri.r
Lic . A-22B646
Cal Tran. 84B150
Pbone 280-3650
.
Romero General Construction
P.O. Box 460696
Bscondido, CA 92046
Paving
Lic 1 A657359
Cal Trans 192-B015511
Pbone 489-B412
Union Pence
P.O. Box 7119B3
Sant.e, CA 92072
Pence
Lic 1 575557
Pbon. 448-9336
Bnni.. Bnt.rpri..s %nc.
12135 Royal Road
Bl Cajon, CA 92021
Bridg. St.el
Lic . 310267
Phon. 561-1101
P.yco Sp.cialti.., %nc.
120 N. S.cond Av..
Chul. vist., CA 91910
Striping . SigD.g.
Lic . 298637B, C23
.bon. 422-1620
.1.... Dot.: due to an ov.rsit. duriDg . fran.ied bid
pr.par.tion, Bnni.. and P.yco _re Dot submitt.d with th. bid.
k-tiL
.iDc.r.ly,
St.v. Bamilton
.
LICENSE No. 299932
685 FRONT STREET
~. t: ~ ,/ / (819) 579-8333
EL CAJON, CA. 92020
~
MEMORANDUM
May 24, 1994
TO:
Cliff Swanson, Deputy Director of Public Works/City
Engineer ~
Juan P. Arroyo, Housing coordinato~
Minority and Women Business Enterprise Construction
Program - Otay Valley Road Phases II & III - Signs and
Pinnick, Inc. Bid Proposal
nOM:
SOBJECT:
I have reviewed the Signs & Pinnick, Inc. bid proposal for
compliance with the City's Minority and Women Business Enterprise
Construction Program and have determined that the contractor has
provided the necessary documentation to indicate that the company
plans to achieve the City's goals for minority and women business
enterprise participation.
JA:ag """\
cc: Roberto Saucedo, Senior Civil Engineer
(AG\A:\Pl~.CK.~)
D1S!': B
'1
~ ~ -70/-
.., .
THE CIn' or CIIUlA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain OWllership or fiIlancial interests, payments, or campaign
ltributions, on aU mailers which wiU require discretionary action on the part of the City Council, PJaDDing Commission,
~'(.au otber official bodies. The foUowing information must be disclosed:
I. Usttbe names of aU persons having a financial interest in Ihe property which is the subjecl of the applicalioD or
the contracl, e.g., OWller, applicant, contractor, subcontractor, material supplier.
MASON PINNICK. JR.
BILL SIGNS. JR.
2. U any person' identified pursuanllo (I) above is a corporation or parlnership,lisllhe names of aU individuals
OWlling more than 10% of tbe sbares in the corporatioD or owning any partnership interest in Ibe parlnership.
MASON PINNICK. JR.
BILL SIGNS. JR.
3. U any person' identified pursuant to (I) above is non.profil organization or I lrusl,lisIthe names of any person
serving as director of the non-profit organizalion or as lruslee or beneficiary or lnlStor of the 1nlSt.
N/A
~.
4. Have you had more tban 5250 worth of business transacted wilh Iny member of the City S1aff, Boards,
Commissions, Commillees, and Council within the past rwelve monlhs? Yes_ Non If yes, please indicate
penon(s):
5. Please idenlity each and every person, including any agents, employees, collSll1la11lS, or independenl contractors
who you have assigned to represenl you before Ihe City in Ihis mailer.
Richard M. Pinnick
Jerrv N. Lev;R
6. Have you Ind/or your officers or 1genlS, in the Iwegate, conln'buled more than $1,000 10 I Council member in
the current or preceding election period? Yes_ No..IX If ya, stale wllich CoUDcillllem~r(.):
. . . (NOTE: Attada additloaal ..... .. .~) · · ·
Dale:
Mey
17.1994
'.
Sipllure of contraCtor/applicant
, PINNICK, INC.
~VDDV M YVWTC a~c~ UT~~ DD~eTnENT
. ~,,4~.,4.~ 'An, i'4;M4""'fif~~:2~,,~::',..,~_/:::':~::~~=:~:::::hi'
elld ."y ocltrr nun')'. tity end touflr".. my "umirip.lity. d..ritt.., -.Iter ,...,aUi.OII. .,.",.,..,.,."., ---- -.... 1PtiI,-
/ ~~ -.
MEMORANDUM
DATE:
April 27, 1995
FROM:
The Honorable Mayor and City Council ~ n.
John D. Goss, City Manager J-G1 bjr~
James B. Hardiman, Fire Chief~ -7
TO:
VIA:
SUBJECT:
IFC Report regarding Relationship with General Roca
At the 3/21/95 meeting of the City Council, it was referred to the International
Friendship Commission to report back with recommendations on the City's future
relationship with General Roca, Argentina. The Commission met to discuss the matter
on 4/26/95. Attached is the report forwarded by the Commission.
In summary, the Commission recommends that:
(1) The Chula Vista community be advised of the intent to consider severing the
sister city relationship with General Roca, and that a community forum be held a
minimum of 60 days following the public notice;
(2) Preliminary steps be taken to form a linkage with Carcarana, Argentina;
(3) Any final determination made with regard to the relationship with General Roca
be made after the International Sister Cities Conference in July.
Staff concurs with the Commission's recommendation.
Chula Vista Fire Department
7-1/7-2.
MEMORANDUM
DATE: April 26, 1995
TO: The Honorable Mayor and City Council
FROM: The International Friendship Commission
SUBJECT: Proposed Relationship with General Roca
Prior to receiving word of your Council Referral seeking the advice of the IFC
concerning our future relations with General Roca, the IFC had planned to appear
before you to seek your guidance on this very matter. May we direct your attention to
Chair Ramirez's Memo to the Commission dated November 16, 1994 (a copy of which
is provided herewith). This memo outlines the numerous attempts we have made to
reinvigorate relations with General Roca. After years of no official contact, the IFC
began corresponding with a contact person in General Roca in 1991. We even had a
visit from this individual in July of 1994. However, nothing further resulted from this
recent contact.
Our chair recently contacted Sister Cities International Program Director Rick Gerrard
to seek his advice as to how we might best handle this matter. Dormant relations with
sister cities is a common problem of the program. Mr. Gerrard said that unless Chula
Vista sends a delegation to General Roca, the chances of "jump-starting" the
relationship are poor. He has seen this with other cities in Argentina. The position of
Sister Cities International is that good faith efforts should be made to reinvigorate the
relationship, but that if they fail, it is most appropriate to "divorce" yourself from your
sister city. To do so, Chula vista would need only to send a letter to Sister Cities
International requesting formal dissolution of the relationship. A copy of the letter
should also be sent to General Roca, giving reasons for the action taken.
Our chair questioned Mr. Gerrard about the awkwardness of canceling a sister city.
What would we do about our monuments which make reference to General Roca? He
said you just take them down, or you redo them with the name of a replacement sister
city.
There is another aspect of our relations with Argentina which we ask that you consider.
As mentioned in Chair Ramirez's November 16th memo, there is in Chula vista a group
of citizens who have established a relationship with another city in Argentina, namely
Carcarana. Mr. Ricardo Marentez, who resides in Chula vista, has taken a youth
basketball team to Carcarana two (2) years in a row now, and he has informed the IFC
Chuta Vista Fire Department
7~3
The Honorable Mayor and City Council
Page 2.
that the team from Carcarana will be coming to Chula vista for a visit this July. Mr.
Marentez has asked that the IFC consider forming a sister city relationship with
Carcarana, and its leader has expressed an interest in formal relations with Chula
Vista. (Please see attached letters.
Under Sister City International guidelines no American city may have two (2) sister
cities in the same foreign country. (Note: We are told San Diego was granted an
exception when it formed a relationship with Tijuana because of its special border
relationship. San Diego is also the sister city of Leon, Mexico.)
While the IFC does not take lightly the cessation of formal relations with Chula Vista's
first sister city, we have come to the conclusion that this is something which must be
given serious consideration. We suggest the followina course of action:
1. The IFC should alert the Chula Vista community of its intent to consider severing
its "sisterhood" with General Roca. Following a sixty-day notice/review period,
interested parties in the community would be invited to address the IFC on this matter
at a special workshop meeting scheduled solely for this purpose. If much interest is
shown in continuing relations, the IFC should make every effort to assist interested
citizens in forming a Friends of General Roca group, along the lines of the recently-
formed Friends of Ussuryisk. Plans would need to be made for the sending of a
delegation to General Roca as soon as possible.
2. Meanwhile, Mr. Marentez should be instructed as to what would be required of a
group interested in forming a sister city relationship. We have suggested guidelines
from Sister City International to aid in this process. Formation of a Friends of
Carcarana group would be encouraged. In the event General Roca remains our sister
city, nothing would preclude Chula Vista from forming a formal linkage with Carcarana;
it is just that SCI will not recognize the linkage and no SCI grant monies would be given
to further this relationship. In the event General Roca and Chula Vista cease to be
sister cities and there is a viable Friends of Carcarana group the IFC would encourage
the formal establishment of "sisterhood" between Chula Vista and Carcarana.
3. Hopefully one or more IFC or Council Members will attend the annual Sister
Cities International Conference in Indianapolis in July. A significant delegation from
Argentina, including the Ambassador to the U.S., will be in attendance. The
conference will address free trade and economic development and will also focus on
how municipalities can strengthen their sister city relations. Perhaps it would be wise
to postpone any final determination regarding General Roca until insights to be gained
at this conference are considered.
Chuta Vista Fira Department
7.,r
The Honorable Mayor and City Council
Page 3.
A representative of the IFC will appear before you to answer any questions you may
have concerning this report and the issue it presents. The IFC will encourage Mr.
Marentez to also be present.
It is the position of the IFC that until such time as the community is polled and a special
workshop is held to consider this mater, no definitive action should be taken by the
Council.
ATTA~KTS
NOT SCAN\IED
~
Chula Vista Fire Department
?-5'
:IT?
MEMORANDUM
DATE:
TO:
FROM:
RE:
27 April 1995
city council
Suzanne Ramirez, IFC Chair
Report to Council re organizational structure
sister city programs are generally structured in one of three ways:
association, city commission, corporation. It appears that from its
inception, Chula vista's program has operated through a ci ty
commission--the IFC. sister cities International recommends the
corporate structure with a 501(C) (3) tax exempt status. The
corporate status provides certain benefits, to wit: limitation of
liability, and increased ability to raise funds. Even before
learning that SCI highly recommends the corporate structure, the
members of the IFC had come to believe it is time to consider
incorporation of Chula vista's sister city program.
Contact was made with both the City of San Diego and El Cajon to
learn about their programs' structures. Our chair spoke with
Marilyn Lynn (441-1761) in the El Cajon City Clerk's office. She
has been involved with the El Cajon program for many years and, in
fact, has served as the president of their sister cities
organization. From the inception of their program, their sister
city program was run by an organization separate from the city.
However, their mayor was an active member of the organization.
Their sister city program historically has received some money and
in-kind donations (such as use of city facilities) from the city.
They are now incorporated and have a 501(C) (3) tax exemption. They
currently have four (4) sister cities. They are paired with cities
in Mexico, Australia, Germany & the Ukraine. Ms. Lynn reports that
activities wax and wane in the various cities.
Re San Diego, our chair spoke with Karen Rohrbauch (236-6330). She
is Mayor Golding's deputy chief of protocol. Ms. Rohrbauch
indicated San Diego's program began and expanded with the formation
of various independent sister city committees. The Charter assigns
to the International Affairs Board responsibility for oversight of
the sister cities program, among its other duties. Apparently
there were some problems with the lack of coordination between the
various committees and perhaps vis a vis the city, also. So, in
1993, San Diego formed San Diego sister Cities Corporation, a non-
profit corporation. It now serves as the umbrella entity for all
of the sister city committees. Ms. Rohrbauch described their
current status as being "in transition because of its recent non-
profit status". The corporation receives TOT funds ($5000 in FY94
7-7
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and $10,000 in FY95). It is staffed by a part-time executive
director who is housed in a City office.
As you are aware, the IFC has a minimal budget. It is a nine (9)
member commission which has been charged with responsibilities much
too onerous for nine part-time volunteers. More community
involvement is needed. And additional funding sources are needed.
It is virtually impossible to gain donations for the City of Chula
Vista. It is believed that obtaining donations and volunteer
assistance would be easier if the program were operated in the form
of a non-profit corporation. It would be easier to organize
activities, especially those requiring a flurry of last-minute
activity, without the restrictions of the Brown Act (which would be
inapplicable to the non-profit). with fundraising and much of the
labor intensive work of the sister cities program being done by the
non-profit, it is anticipated that the IFC could strengthen its
role in other areas of international friendship in addition to
overseeing Chula Vista's sister cities activities.
We are addressing you at this time to seek your endorsement for the
formation of a non-profit corporation for Chula vista's sister city
programs. Should you agree with us that this is advisable, we ask
that you direct that staff be assigned to assist in this process.
Legal advice will be needed from the City Attorney or his designee.
Staff assistance will also be necessary to determine the ideal
division of responsibility between the newly-forming non-profit
corporation, the existing IFC and the City Council. Legal
documents will need to be drafted and filed. For this, too, we
seek the assistance of the City Attorney or his designee, or, if it
is more economical to do so, we ask your permission to expend IFC
and/or city funds to hire outside counsel to draft and file the
documents. Be advised that sister cities International has
provided us with a prototype document, and that we have asked both
El Cajon and San Diego to share their documents with us. Thus, the
City Attorney would not need to "start from scratch".
A representative of the IFC will appear before you to answer any
questions you may have concerning this report and the issue it
presents.
?~r
April 28, 1995
SUBJECT:
The Honorable Mayor and City counc~11
John D. Goss, City Manager~ ~(i~
IFC Report - Agenda Item No. 7 ~
TO:
FROM:
When the Council agenda packets were prepared last night, the
attachments referred to in the report from the IFC were
inadvertently omitted. Attached is a copy of Chair Ramirez' memo
to the Commission dated November 16, 1994, as referenced in the
report.
JDG:mab
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el1Y OF
CHUlA VISTA
1N1'ERNA11ONAL FRIENDStIP COMMISSION
.
. MEMORANDUX
DATE:
TO:
FROM:
RE:
16 November 1994
IFC commissioner~
Suzanne Ramirez,~Chair
Report on Status of General Roca
As I mentioned at our recent Commission meeting, when the issue of
a possible Russian sister city came before the city Council at its
October 4th meeting, there was much concern expressed regarding the
deterioration of our sister city relationship with General Roca,
Argentina. This concern was voiced both by members of the public
and members of the city Council. I am writing this report as a
means to apprise all concerned of what efforts have been made
recently concerning the possible re-establishment of. active
relations with General Roca.
First, for the benefit of those with little of no knowledge of the
history of our sister cities, I would like to give a little
background information: It was in 1961, a mere five (5) years
after President Eisenhower inaugurated the People to People program
out of which grew Sister Cities, that Chula vista and General Roca
formed this city's first sister city relationship. In the early
years, there were a number of official exchanges, with dignitaries
from one city visiting the other. There was also a contingent of
citizens from Chula vista which visited General Roca. Those
citizens are now elderly, but some of them are still living here in
Chula Vista. There was at least one Argentinean high school
student who spent a year here in Chula Vista, in 1968 at Hilltop
High School I believe, and in the home of Mrs. and the late Jack
Unger. Mr. Unger was a "founding member" of the IFC. The exchange
student the Ungers hosted was Eduardo Longo. The Ungers last
visited General Roca and Eduardo Longo in 1989.
When I was appointed to the IFC in mid-1991, one of the tasks I
offered to take on was that of attempting to re-establish contact
with General Roca. Doris Cox, long time IFC commissioner and
current "commissioner emeritus", and long-time friend of the Ungers
gave me the history of the early years of General Roca. From her,
I obtained the contact information for the Ungers. I made contact
with them and obtained the current address for Eduardo Longo, now
a family man and odontologist.
I first wrote to Dr. Longo in October of 1991. At the same time,
I wrote to Mr. Horacio Coleman Lerner who, according to Sister
7~/tJ
271 FOUR1M AVENUE' CHULA VISTA. CAUFOANIA 11110
. .
Cities International, heads up the sister cities program in Buenos
Aires. (copy of letters attached.) It was not until April of the
following year (1992) that I received a reply from Eduardo Longo.
(See attached letter dated March 23.) According to his letter, the
individuals who were previously active with their commission had
passed away or had relocated. He indicated their records reflected
we had lost contact in 1982. He also indicated their newly elected
"provincial governor"/mayor was very much interested in
reactivating relations. He was asked by the mayor of General Roca
to put together a new commission. He suggested that Chula vista
write directly to their mayor.
1
The letter from Eduardo Longo was translated (copy attached) and
presented to the IFC on June 1st. The commission moved that a
packet of information be sent to the mayor of General Roca by Geri
Gulbransen, Public Information Officer, and that Mayor Nader also
send a letter to him indicating Chula Vista's support for re-
establishment of relations and inviting the mayor to visit Chula
vista.
In June, I provided a copy of Dr. Longo's letter and a translation
of it to the Mayor's office and requested that the City send an
official message to the provincial governor. I also worked with
Geri Gulf.ransen who put together a packet of information to be sent
along with the Mayor's letter. In August, Mayor Nader sent a
letter and the information packet to the provincial governor.
(Copy attached.)
Also in June, I sent a letter to the editors of both the Star News
and Neighbors seeking "Argentina-philes". (Copy of letter
attached.) The letter ran in June in both newspapers. I am sorry
to report I received only one (1) phone call in response to those
letters.
I also sent 'a personal reply to Dr. Longo on June 12th mentioning
my letter to the editor, my request that the mayor write to the
provincial governor and inquiring as to progress in the re-
formation of an "IFC" in General Roca. (Copy attached.)
In July of 1992, our mayor received a request for financial support
from Argentina. It was passed on to the Commission. As I recall,
the general feeling both from the IFC and the mayor's office was
that the request was inappropriate and the most "politic" means of
"responding" was to ignore it. (A copy of that request is
attached. )
In August, when I received a copy of the letter sent by Mayor Nader
to the mayor of General Roca, I again wrote to Dr. Longo, sending
along a copy of the Mayor's letter to their mayor. (copy
attached.) In that letter, I requested a couple of recent photos
of General Roca for the new brochure being prepared for the IFC by
Geri Gulbransen.
In late October of that same year (1992), I re:eived a reply from
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Dr. Longo. He sent some photos and slides which I passed on to
Geri Gulbransen for use in the new IFC. Dr. Longo indicated in
that letter that their mayor had received Mayor Nader's letter,
that he was very interested and that he indicated he would reply
immediately. (Copy attached.) To my knowledge, our mayor never
received a reply from the mayor of General Roca.
In October of 1993, the IFC became aware of a youth basketball team
from Chula vista, coached by Ricardo Marentez, which had been
invited to participate in a two week tour of basketball competition
in Argentina. (Our Chula Vista team was to be the first and only
American team in what is otherwise an all Latin American
tournament.) The team was holding various fund-raising events and
sought support from the IFC. At its November meeting, the IFC
designated the team-members official delegates to General Roca,
provided a quilt as a gift to that city and allocated $100 to the
team with the express understanding that the team would act as
ambassadors of the City and would report either to the IFC or the
City Council upon its return. As it turned out, the team never
made it to General Roca. Query: What became of the quilt?
The star News reported recently that the team (Chula vista
Patriots) will: again visit Argentina this December. So I contacted
Mr. Marentez to see if General Roca can be visited this year. He
explained that the city to which they travel is carcaraftA. While
it is very near the airport of Rosario, it is more distant from
Buenos Aires. And General Roca is still quite far frQm Buenos
Aires. CarcaraftA is a city of 15,000 inhabitants. They host our
youth basketball team in their homes; there is no hotel in the
town. There is an agreement for the team from Carcaraft6 to come
for a visit to Chula Vista next year. I asked Mr. Marentez to
please keep the IFC informed as the IFC would probably be happy to
host the team at some event while the visitors are here. Mr.
Marentez suggested that because of the current active relationship
with the town, perhaps Chula vista should adopt CarcaraftA as its
sister city in lieu of General Roca.
In April 1994, the IFC received a copy of a letter from the
International Law Institute regarding a uS-Argentina program. The
letter was discussed at the April IFC meeting and Commissioner
Alvarez was given the task of looking into it further.
Commissioner Alvarez reported at the May 1994 meeting that he had
sent a letter to ILl in Washington D.C. but had not received a
reply. (The minutes actually say he wrote to General Roca, but
that is in error.) He subsequently learned that the anticipated
funds were less than anticipated and the program ultimately was
only put in place for Buenos Aires and washington D.C.
In July at the Sister cities International Conference in
Louisville, Kentucky, I had the opportunity to speak with Rick
Gerrard, SCI staff person, regarding the General Roca problem of
lost contact. He indicated that perhaps we should sever the link
and establish a new sister city link in Argentina. He did offer,
however, to check his contacts through the Embassy in Buenos Aires
1
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and get back to me with a status report. He did say that
Argentina, in general, is quite anxious to form sister city
relationships with American cities; so he urged us to keep an
Argentinean link. In fact we discussed two specific cities he
thougWmight be appropriate for us in the event General Roca is
non-responsive. They were Puerto Madryn, which is not far from
General Roca and which encompasses a rich marine reserve (common
interest with our Nature Center?), and Salta which is an orange-
growing region near the Paraguay border. I thought the former
would be a good match. He urged the latter because he personally
knew an Argentinean woman currently stateside from that city who
would personally get the program going there. I returned to Chula
Vista expecting to make a recommendation to the IFC that we
consider severing our link to General Roca. Prior to the SCI
conference I did not realize this was a possibility. It is not
only a possibility, in fact, SCI is encouraging it in instances
where sister city relations were either never fruitful or had
broken down.
1
Much to my surprise, awaiting me upon my return from Kentucky was
a telephone message from Commissioner Nancy Taboada informing me
that Eduardo Longo was actually in Chula Vista. An informal
gathering was held at Fuddruckers. The Mayor gave Dr. Longo and
his wife Chula vista pins and a key to the city which he was asked
to deliver to the "mayor" of General Roca. Dr. Longo gave to Mayor
Nader a number of items from General Roca, including a videotape of
the city. I have recently requested that Mayor Nader return the
tape to the IFC. commissioner Taboada put Eduardo Longo in touch
with Jess Valenzuela of Parks and Recreation as a mean to get in
touch with Mr. Marentez to confer concerning the youth basketball
team. The Longo's were scheduled to travel to Disneyland and home
to Argentina the following day, as I recall. To my knowledge,
there has been no further word from General Roca.
I was informed in late October by Rod Davis of the Chula Vista
Chamber of Commerce that the u.S. Men's Field Hockey team which is
in training at the Olympic Training Center would soon be making a
trip to Argentina. I contacted the team coach, Mr. Lenny McCaigue
(282-0469), to inquire. I was informed the team would be going for
a trial run in late January and would be participating in the Pan
American Games in March. They will be in Mar del Plata on the
coast about one hour from Buenos Aires. They will not be visiting
General Roca. The Argentinean team will be hosted by the u.S. in
the Spring of 1996 in Atlanta, Georgia.
So, where do we go from here? If there were a group of citizens in
Chula vista willing to travel to General Roca, that would be an
ideal way to re-establish contact. If there were a grant program to
foster Argentina-U.S. exchanges, that, too would work. If the new
mayor and council assistant could assist the IFC with General Roca
to the extent the current one has assisted the mayor with
Ussuriisk, this too would make a big difference. By means of this
memo, I seek the input both from the IFC members and the Council
members.
?-J;1
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21 de octubre de 1991
Sr. Eduardo H. Longo
1128 Isidro Lobo
General Roca, Rio Negro
Argentina
Estimado Sr. Longo:
Por medio de la presente, me presento ante Ud. Qomo nueva
comisionada a la comisi6n de la Amistad Internacional de
la Ciudad de Chula Vista, California. Hemos obtenido su
nombre y direcci6n del Sr. Jack Unger, con quien
entendemos que Ud. adn mantiene contacto. Como Ud. sabe,
la ciudad de General Roca y la Ciudad de Chula Vista se
reconocieron como ciudades hermanas en el afto 1961.
Las relaciones oficiales entre nuestras ciudades en
tiempos pasados eran considerables. Nos entristece el
hecho de que estas imnportantes relaciones casi han
desaparecido. Nos qustar1a mucho poder entablar
relaciones entre nuestras ciudades hermanas. La
agradecer1amos mucho si Ud. nos podr1a sugerir los medios
apropiados para reestablecer contacto oticial con su
ciudad.
En espera de su grata respuesta, me despido;
Muy cordialmente,
Lic. Suzanne Ramirez
Comisionada
cc: Terry Thomas, Chairperson
Chula Vista International Friendship Commission
Jack Unger
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CllY OF
CHUlA VISTA
j;-';-1'ERNATIONAL FRIENDSHIP COMMISSIOl\
21 de octubre de 1991
Sr. Horacio Coleman Lerner, Secretary General
Sister cities Foundation of Buenos Aires
Sarmiento 630-14th floor
Capital Federal 1041
Buenos Aires
Argentina
Estimado Sr. Coleman:
Por medio de la presente, me presento ante Ud. como nueva
comisionada de la Comisi6n de la Amistad Internacional de
la Ciudad de Chula vista, California. Consequimos su
nombre y direcci6n de la oficina de Sister Cities
International.
Nuestra ciudad y la ciudad de General Roca se
reconocieron como ciudades hermanas en el afto de 1961.
Aunque al inicio de nuestra hermandad, nuestra relaci6n
fue considerable, por medio de intercambios de visitas,
etc6tera, desafortunadamente, en el presente, esa
relaci6n ya no existe.
Es con motivo de reestablecer las buenas relaciones que
hemos tenido en aftos pasados que le escribe. Le suplico
me informe c6mo reiniciar contacto oficial con la ciudad
de General Roca. Le aqradeceremos mucho cualquier
informaci6n y/o apoyo que nos puede ofrecer.
En espera de sus gratas noticias a la mayor brevedad
posible, me despido.
" '
~~a.--........ ,(.A~
Lic. Suzanne Ramirez
Comisionada
cc: Terry Thomas, Chairperson
Chula Vista International Friendship Commission
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7 --/)7
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010
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ODONTOLO.O
..IIUOU_N 14M
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Generol Roca (R.rl.),t-lerzo 2' de 1992.
Sonora Suzanna RamIrez
276 fourth Avenue
Chul~ VIsta CA 9201D-Callfornla U.S.A
1
Estimada sel"iora Ra",lrez;
Heblendo reclbldo cu c~rta el pasaco mes de no-
vlembre, comrmc5 10 Inva~tigac16n do 10 que hab!t1 ocurrldo con 18 comls16n do cludlldes
hermanos.
Sobre 01 particular, le hago conocer que algo-I
nos miembros de 1" antlgUa comisi6n no Sl! oncl'entran vIvos y otros han emlgrado s otrlB
ciudades, raz6n por la cual no encontrl respuosta alguns.
Por tal aituaci6n me dirig! al s~r.or Intendente
el que fuars electo en los prlnll,ros d!as del mes de dicie,abre paslldo, quI en loa puso al
t"nto qW() desdo el al"io 1982 so hab!a pordido contacto con nuestra cluded hernoana, de-I
"ostrando a su vez esta autoridad, mucho inter's en relnlclar nuestras relaclones olv.!,
adas durante tanto tiampo.
Este f'rncionario local me cOI>llslon6 para ponerl
1111-
on funcionsmiento le aludica comis16n, raz6n por 1a cual me hallo abocedo a Intonhrl
un Ilcerc3!,dento cie varios clud..donos. de nuostra cludad p~ra formar una nU9va .junta.
Sin pur Julclo, Sellura Ra..llroz, qU!!l Ustoo puudal
escriblr dlrectal:1enle 01 "lunlclplo do nuostra cludad, cuya direcci6n es;Sar;;,lento 'I I
i'lHre~CP~B'n~Prc,vincia de R!o U.cgro-Argentina, dondo sin duda serlin racibldas sus mi-
sivas por el sol"ier Intendente,Doctor Miguez sAIZ, Usted puede dlrlgirse directol~nte II
101 persona pars cualqular gest16n 0 tr'mlte que sobre el partlcular crlla Yo pueda rea-
llzar.
Quedando a sue gutas 6rdenee, 10 saluda atente.
menta.
7-/1
Eduardo Longo
I.Lobo l12B~Gral.Roca-R.negro
RepGbllce Argentins
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General Roca (Rio Neqro)
March 23rd, 1992
~
Dear Ms. Ramirez:
Havinq received your letter this past November, I beqan
an investiqation into what had happened with the
commission of sister cities.
Concerninq this matter, I inform you that some of the
members of the old commission are no lonqer livinq and
others have relocated to other cities, for which reason
I qot absolutely no response.
Because of this situation, I approached the provincial
qovernor, who had just been elected the. first of
December. He informed me that since 1982 contact with
our sister city had been lost. He also indicated much
interest in reinitiatinq our relations which were lost
for so lonq.
The provisional qovernor commissioned me to puttoqether
a sister city commission. Thus, I find myself in the
process of approachinq various citizens of our city in
order to form a new council.
It would be no problem Ms. Ramirez if you write directly
to the Administration of our city. The address is
Sarmiento y Mitre; CP-8332; Provincia de Rio Neqro;
Arqentina. Without doubt, your letter will be received
by the provincial Governor, Dr. Miquez SAIZ. You may
write directly to me personally about whatever question
or procedure which you believe I may be able to handle.
I remain at your service and send warm reqards.
Eduardo Lonqo
I. Lobo 1128
General Roca-Rio Neqro
Republic of Arqentina
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(llY OF
(HUlA VISTA
INTERNATIONAL FRIENDSHIP COMMISSIOt..
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1 June 1992
Letters to the Editor
Chula vista star News
835 Third Avenue
Chula Vista, CA 91911
Dear Editor:
Attention Argentina-philes I Chula Vista's International Friendship
Commission (IFC) wants to reestablish relations with our sister
city in Argentina: General Roca, Rio Negro. We need your help.
After nearly ten years of dormant relations, we are again in
contact with General Roca. They are working to reestablish their
sister city commission. We are starting to form "Friends of
General Roca". If you are interested in becoming a part of this
core group of individuals who will be instrumental in bringing the
people of these two cities together once again, please contact me
ASAP .
Many of the citizens of Chula vista are unaware of the existence
and purpose of the city's International Friendship commission
(IFC). Chula vista's IFC is the successor to the Sister City
commission which was formed in 1958. Sister cities is a "people to
people" concept designed to promote world peace through mutual
knowledge and understanding of peoples of other cultures. Chula
. vista got its first sister city pairing in 1961: General Roca, Rio
Negro, Argentina. We have since been paired with Irapuato, Mexico
(1971) and Odawara, Japan (1981). OUr present contacts with both
Irapuato and Odawara are excellent.
The IFC is also in the process of Updating its mailing list. If
you have an interest in becoming active in any of the activities of
the IFC, please contact me. There is a need for host families, for
translators, for fund raisers, corporate patrons, and for energy
and idea people. If you like people and enjoy interacting with
people from other cultures, you are the type of person we are
looking forI
Things are starting to happenl Now is the time to get involved I
We welcome your ideas, comme~ts, quest~ns~
su;~~J:"Ra-;'i;ez :-~issioner
Chula Vista Int'l Friendship Commission
P.o. Box 8674
Chula Vista, CA 91912
585-9321
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276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010
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Argentine leJlllb110
General looa
Prodnce : of lio .ell'o
,~a7 lOn., 1992.
.- ,~.
ALOAIiDK ayOR IlUBICIl'AI. (I5'J!J:RJ)Aft)
ODle. ne. OU7
OALIlOUU
If. VU....
D1I'e01;or . of
81lb3ect I
linancial 81lpport for a S001al Pr03ect.
Proposed b71 Linooln Center
, 110ri4a 935 - Bllenos A1res - ArgenUna -
80ll1'Oe . Gale !tesearch' Ino. - Book Towel' - Detroit, Mich1gan
(48226 )
--
On behalf of Olll' IneUtllUon, Il"lnted the Soc1al Stltlls
naaber 894 throulh ])ecree 699/91, it is a pl.aslll'e to set in tOllch
with 7011 in'order to let TOil know Olll' need to have YOIlI' economic
eupport for the purchase of a tranaportaUon vehiole and/or a building
to be used ae Social Headquarters for retired people.
!he pre.ent ooste of the ..1d aits are ae foL1ows.
..
Veh101. .
Bl1lld1q1
VIS' 10,000.-
VIS 35,000.-
We attaoh a desoription about the institut1on, pre~ent
needs, geoSZ'llPhio location and 4etaUs abollt our famiUes.
We sball be looking forward 70ur ans.er and/or anI
question to _te ollr elata olearer. I
7->> ,ty.t1CISeO A....clU 0/11....
,~
,-'
...,. JOU.; ~~~ot
Sllb3eot .
ALOALDK JQ
Oula V18
CALI!'
D.
Illfl'ICllAI,
01"1
- Argentina -
Z,
Direotor . of
-
SIlPPOrl for a
We attaoh a deBor tion abollt the in itution, pre~ent
phie location a detaila about our amilieB.
Proposed b,.. ooln Center
10ri4a 935
.-
SOllre. . Gal. Research
'.
On behalf of Inst itllt ion, grante
nWlb r 894 thrOllgh Deere. 9/91, it is a plnB
70U in 'order to let Oil lmow olir need to
porl for the purohas of a transportation
b. IlBed as Social H dquarters tor retir
the Social 9t8tl18
to get in tOl1oh
ve your eonnomic
hiole and/or a buil
people.
needs,
S followSI
Vehiei,. I
Bl1lldinsl
10,000.-
35,000.-
~,
w. shall be
n to make Ollr da t
newer and/or an,.
/
IlI^tlC:1SCO A,'f'tI\U CA'~
,JIIIIIlill18
Addre..
Call. Cadano ..q.
Te. 25033 - Grel.
C.P. 8332.-
-
Kellql14n
8008- R.K._ RA-
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.
i. DSTITUTIOR
........
The ReUred Center, which 1nclade, fOl'lller lIanioipal1t,y worker, and that
i, looated in the cit,y of Oeneral Rooa, Rio Regro, Argentine RepuDlio,
i' a ,yoang institution created on Jane 6th., 1991, and devoted to give
to all the lIemDer famille' (600) all what ia oonddered a, the lIi88ing 1
gap regarding to health, food, and growth, be,idea offering the u'e.of
ita organization for an,y previsional, legal, teohnioal and sooioeoonomic
lev..l nQ,lIire.enta.
,
The institution has a pneral a4mlnlstrative adv1Bor.r. board. Th18
Doard inclades a physioian and a law,yer,and a stead.r team of Social
Workers in charge of interviewe, coordinaUons and oonstant need
.valllatione.
The lI&in aim of the inStitlltion is to flllt111 all tbe expeotations
and. enjo,yment that the retired pep1e have in lIind in order to face the
last .top of their lite. We think we are on the good traok.
. .
Buidea the sooial oenter plaoed in the building we have to rent,
we are organizing a branoh to be IIsed aa the Home Inn b,y those retired
people who oOlDe to 0111' oity to pt better lIedical aaeistanoe and/or
visit to their families. A hoase lent b,y the State will be used for
this aoolal purpose, with a oapacit.r of 8 beds,and it ie free of any
charge for retired people. There is aleo a COmllanity Infirmary read.r
__ lor J'ir,t Aid and other need, of retired people, in the .ame p1ece.
n.. ~ESE)qT nEllS
Our c olUltr,y is going throllgh. an ec onomic Cr ids and
constant changes. That ia why it is extremely difficlllt to get en,y kind
of J ana, donationa, financial sapport Or an,y long term loan and/or
help to fulfill our two lI&in objeotives. So, the parchase of both a
transportation vehiole far at. least 8 people (althoagh it is a aecond
hand one) and the houee we now rent, woald meet oar o&aic neede.
All this lead u, to tell .roar inati tuUon oar 8ituation and hope ,you wi:
be able to give as some help .to carry oat oar oDjective,.
..
III. J:,O(lATIOt
Our Soc1alCsnter is located right in the oorner ot
Dr. Jos4 B. Gadano street and tellQ,1I4n stre.t, ot the cit.r ot General
loca, provinc. of Rio R.gro. The popalation 1s s8tilllated aDout 80,000'
people, and the cit.r 1, w1thin a fertile valley whers the _in activit,y
1, the growing of apple, which are exported to BlIl'ope and Allerica, ooth
as tre,h trlIit and as concentrate jllioe.
___ ) - .J..:3 The province of lIfo tegro i. oon81dered a. one privilepd
city tor the fllbre .... to it. important sea coast, lon,t; velle"s ander
pr~ IIction, e~~ellent cattle, and winter re'ort places lip in the
high Andu mountains area. Rio legro i8 part ot a hup region known
a8 patagonia whioh compri.e. all the land to the South of Colorado
Riv.r and all tll.e WfA,Z down_up to the end of the OOlUltr" where developll<'
t..
~
'f
jr~G
?"\
.-.
~.
......
Doard lnOI~4e'a.~nys
Worker8 in charge
e..,..l~atioDs.
1an-&Lna .- J.."3.~'. auy. 'lilt .."......'-"..___- --" __...._h_
interviews, coordinations and constant need
The main a ot t.le insUtllUon i_ to hUill all t expeotations
and' enjoymen that the retired yeple have 0 er to tace the
last ..top 0 their lite. W. think we a traok.
II..i _ the ~OOi~l center place in the bail t~nt,
we are rsanizing a branoh to be ed as the Ho Inn by tho retired
peopl who come to o~r city to t better med a1 assilta and/or
viI to their tamiliee. A ~ee lent by eState wil be used tor
th sooial purpoee, with oapaoity of edl,and it s free of any
o rge for retired people There i_ ale Commanity ntirmary ready
or riret Aid and other eeds of reti~ people, i the same place.
REEDS
country ie oing thro~gh n economio cr
cone+.ant change . That il whY is extreme y ditticult to t any kind
of J ans, don ionl, tinano s~pport or ny long term nand/or
help to tul! 1 our two ma objeotivel So, the parche of both a
transporta on vehiole f at least 8 eople (altho~ it is a second
hand one) nd the house e now rent,/ ould meet our sic needs.
All thi lead ~Ito te your In_t (ution our litu ion and hope you wi
be ab to sive UI I e help to rry out our OD ectives. I
III.
Soc ial C iSht in the corner f
. Josl I. ano Itreet nd Neuq~4n st et, of the city 0 General
Roca, provin ot Rio Ne on is estimated a ut 80,000
people, and he oity is ithin a tertiI valley where the ain activity
il ins ot app I whioh are ex to E~rope a Amerioa, Doth
as uit and a concentrate ju
s oonsidered ne privileged
qe to its 1m ortant sea Co< lon~ valleyl under
winter resort aoes ~p in the
Negro ie part of a huge region known
1 the land to e South of Colorado
the way down to the end of the country where developm(
om etely aohieved ye .
1'.
IIEJIBIRS or THI CENTER
------
1I0_t of the members are over 60 yeare old and also most of
them has retired from Munioipality services after oarrying our
unskilled, heavy and many times very risky works. Beoause of their
intelleotwal oapacity, they n.edto be within an organization whioh
can oack them up and state the ~irantee to meet what they as a group
and ind1vidwall1 stand in need. '
-
~V?-
~-:
,~~
CI1Y OF
CHULA VISTA
WF'CE OF THE MAYOR
~rlM .....OER
~
.
August 12. 1992
Provincial Govemor
Dr. Miguez Salz
Sarmiento y Mitre
. . CP-8332
Provincia de Rio Negro
ARGENTINA
Dear Dr. SaIz:
On behalf of the City of Chula Vista. I would Uke to express our Interest In reinvigorating
our Sister City affiliation. Now more than ever It Is Important to focus on fostering
Intemational relations. Sister City relationships promote cultural exchanges. mutual
understanding and Increased international relations, thereby making a lignlficant
contribution toward global peace.
Enclosed are current informational meterlals on our City.
I know that Nancy Taboada. Chair of our Intematlonal Friendship CommIsslon,and
Suzanne Ramirez, Vice Chair, are enthusiastic about promoting this relationship. I am In
IUPport of their efforts. and look forward to expanded opportunities for exchange
between our cities. .
Sincerely.
.:G.. ~/~__'
. TIm Nader
Mayor
TN:pw
genroc
7 ~ ;2.?
"I FOURTH AVENUEICHULA VISTA. CALIFOI'lNIA "1101(11".1-lI044
.-."
;
30 de agosto de 1992
Sr. Dr. Eduardo H. Longo
1128 Isidro Lobo
General Roca, Rlo Negro
Argentina
.......,
Estimado Dr. Longo:
Adjunto le envlo copia de la carta que nuestro alcalde le
ha enviado al aetior intendente Dr. Miguez Saiz. Lamento
que hemos tardado tanto en este paso.
Le escribo en este momento para pedirle un favorcito.
Estamos listos para mandar a la imprenta nuestro nuevo
folleto de promoci6n para la comisi6n. El folleto lleva
un breve informe sobre cada una de nuestras ciudades
hermanas. Deseamos incluir una 0 dos fotos de cada una
tambi6n. ,No me podrla regalar una 0 dos fotos de su
ciudad--algo que,le darla al lector una idea de c6mo es
la vida de General Roca y sus habitantes? Se 10
agradecerlamos mucho.
Agradeci6ndole au atenci6n, le saluda atentamente,
Lic. Suzanne Ramlrez
comisionada
cc: Nancy Taboada, IFC Chairperson
. .-...
? ~ ..26
Calle: Isidro Lobo 1120-Ciudad
General Roca- R!o Negro-Argen-
tina.
Octubre 12 de 1992.
.
3e~ora Susana Ramiroz
Chu1a Vista- Estadcs Unidos
Estimada senora;
Tengo e1 agrado de dirigirme a Usted. en respuesta a su
carta recisntemente recibida.
En e11a Usted me pide unas fotos de 1a ciudad de Gener4
Roca. 1as quo destinar!a a 1a pub1icaci6n en una rovista que 81 Municipio vuestro
edita. por tal motivo 1e adjunto una cierta cantidad de e11as. inc1uidos dos Sli-
de. material del cu~l Usted se1eccionar4 sin dudas 10 que m's 1e interese.
[stuve hgb1ando con e1 Intendente d' este medio y me d!
jo qU3 ha~!a rocibido 1a carta que au par de Chu1a Vista le enviara. mostr'ndose/
on esa m~o,ento muy interosado y me manifest6 que inmediatamante ccntestar!a la m!
siva recibida.
[n esa opcrtunid~d. nuestro Intendente ae interes6 ad~
m4s por los intercac~ios cu1tura1es qua se pudiesen rea1izar entre ambas ciudade~
10 Gue sin dud a enriquacer!a aun m4s 1a comunicaci6n actual.
Cordia1mente.
7-~ 7
COUNCIL AGENDA STATEMENT
ITEM TITLE:
ITEM r
MEETING DATE: Mav 2. 1995
1 t. /71"3"'..3. 1 t
Reso u 10n approv1ng a contractua agreemen
with Artist Team victor Orozco Ochoa and John Neal
Hill for the South Chula vista Library Public Art
Mural Project ~
Library Dire~~~U 19
city Manager(Jl..f't 1I4/5ths Vote: Yes_No-1L)
SUBMITTED BY:
REVIEWED BY:
The California Library Construction and Renovation Bond Act grant
budget for the South Chula vista Library includes $46,821 (one
percent of the construction budget) for works of art. Early in the
design stage it was determined that this money would be used for
the creation of a large scale mural in the Children's Story Hour
Room. The artist selection process has now been completed and an
agreement negotiated. Under the grant, 65% of the costs ($30,434)
are paid by the State and 35% ($16,387) are paid by the city.
RECOMMENDATION: That the City Council adopt the resolution
approving the contractual agreement with the Artist Team of victor
Orozco Ochoa and John Neal Hill for the execution of the Public Art
Mural Project in the Children's story Hour Room at the new South
Chula vista Library, based on the theme of "International
Friendship and Understanding."
BOARD/COMMISSION RECOMMENDATION: The Library Board of Trustees
and the Chula vista Cultural Arts Commission have supported the
project by appointing four of the five Mural Committee members who
were responsible for selecting the finalist for the Public Art
Mural Project.
DISCUSSION:
I. MURAL SELECTION PROCESS
Although the City's contract with the project architect, LPA.
Inc., specified that the architectural team would select the
public art for the new library, a mechanism was needed to
select the artistes). In response to a recommendation from
the Cultural Arts Commission, the Library Board of Trustees
and the Cultural Arts Commission jointly developed a plan for
selecting the artist. On March 8, 1994 the City Council
approved the "Report on the Artist Selection Process for the
Public Art at the South Chula vista Library" (Attachment A).
As part of this process to select a qualified artist, the
following five names were nominated for the Mural Selection
Committee and subsequently approved by the City Manager.
lj"/
Item
Meeting Date:
'ff , Page ~
Mav 2. 1995
-Dency Souval and Lee Wheeland (nominated by the Cultural Arts
Commission)
-Constance Clover-Byram (nominated by the Library Board of
Trustees)
-Doris steinman (nominated by the Friends of the Chula vista
Library)
-patricio Chavez (jointly nominated by the city's Cultural
Arts Coordinator and the Library Director)
The Mural Selection Committee, chaired by Dency Souval, held
numerous public committee meetings, as well as a Public Focus
Group Meeting, to give the community an opportunity to share
their vision of the mural and their ideas for student
involvement.
A Request for Qualifications (Attachment B) was mailed to over
1,000 local artists with forty-six submitting proposals. The
following criteria were used by the Mural Committee to select
the qualifying semi-finalists:
-Appropriateness for existing South Chula vista Library
architecture
-Sensitivity to the region's local character, social
dynamics and cultural history
-The applicant's previous work, technical qualifications
and ability to meet the project's requirements
-A theme of international friendship and understanding
-Involvement of children in the design and/or fabrication
process
-Low maintenance and ease of repair
The field of ten semi-finalists made special presentations to
the Mural Committee and was then narrowed to four finalists.
In January 1995, per the selection process plan, Design
Architect Ricardo Legorreta reviewed the proposals and models
of the four finalists and selected the Artist Team of victor
Orozco Ochoa and John Neal Hill.
An Information Item on the "Status of the Artist Selection
Process for the South Chula vista Library Mural Project"
(Attachment C) was sent to Council on February 2, 1995.
2"'~
Item
Meeting Date:
r , Page ;!
Mav 2. 1995
II. THE SELECTED ARTIST TEAM AND THEIR PROJECT
The selected Artist Team of victor Orozco Ochoa and John Neal
Hill has received training in the fields of art and
architecture and has successfully worked on both sides of the
Mexican border.
A photograph of the Artist Team's conceptual design is
attached (Attachment D). The Artist Team's model of the
Project will be available from Friday, April 28th, until the
Council meeting on May 2nd in the Council Offices. It will
also be available in front of the dais at the City Council
meeting on May 2, 1995.
Slides of victor Ochoa's previous projects as well as the
proposed mural project for the South Chula vista Library are
available from the Chula vista Library. Also, a twenty-minute
video of the proposed mural project made by victor Ochoa and
John Hill at the Semi-Finalist's Presentations on November 7,
1994 is available. (To preview either the slides or the video
contact: Nora McMartin, 691-5161).
VICTOR OROZCO OCHOA is respected as a Chicano muralist whose
public art during the past twenty-five years often involved
students of all ages. As a co-founder of Centro Cultural de
la Raza and a former member of the Public Arts Advisory Board,
Mr. Ochoa has fabricated over sixty-five public murals since
1970 (including a local mural project with the Kellogg
Elementary School). His most recent contract (completed in
March 1995) was with the San Diego Commission of Arts and
Culture for a project in San Ysidro involving the San Ysidro
Middle School.
JOHN NEAL HILL, owner of the Design Studio, graduated from the
New School of Architecture in San Diego. He worked on the
restoration of the Transportation Mural at the new Aerospace
Museum and most recently worked on the "Locomotion" project
for the Children's Museum in San Diego as well as the San
Ysidro project, "Tree of Life", with victor Ochoa.
The mural as designed by the Artist Team of Ochoa and Hill
will cover approximately 750 sq. ft. on the east wall of the
Children's story Hour Room at the South Chula vista Library
and will have interlocking puzzle pieces designed in the shape
of children. As they touch each other, the colors change
symbolizing a bond of friendship between different ethnic
groups and cultures. The materials used to wrap the puzzle
pieces will be natural earth materials: textured sand, glass
beads, copper and brass. Ethnic artists from the community
who have prior experience working with students will involve
~;J
Item
Meeting Date:
~ , Page .1
Mav 2. 1995
children from the
The Artist Team
product, shield,
access.
local schools
will provide
or materials
in the fabrication process.
an anti-vandalism coating
durable enough for public
Ricardo Legorreta strongly felt that, of the four finalists,
the Ochoa/Hill project was the most compatible with his
architectural design and reflective of the theme of the
building. He also liked the team's concept for involving
community youth in the project's execution.
III. THE CONTRACT
The proposed agreement (Attachment E) for the design and
execution of the Mural Project uses the City'S standard two-
party agreement. Under this contract the artist team of
victor Orozco Ochoa and John Neal Hill agree to perform the
"Scope of Work" as outlined in Attachment E. This section
details what is required of the team during the design, pre-
construction and construction phases of the project.
The project fabrication phase will begin on-site in May 1995
with preliminary design and mural layout (approximately two-
three weeks), rental of the warehouse, purchase of materials,
partial hiring of staff, etc. The anticipated completion of
the off-site construction of the panels and framework and
preliminary design layout will be June, 1995. July will be
the anticipated delivery date for the puzzle pieces fabricated
by students and artists. The anticipated completion of the
mural, delivery to the site, and the on-site installation and
colorization of mural panels will be August 1995. The final
documentation phase and anticipated completion date will be
September 1995.
The $46,821 Project shall conform to the design approved by
the Design Architect, Ricardo Legorreta, with two minor
changes to the mural:
1. The elimination of the stained glass window, and
2.
A modification in
portion of the
representative of
the book design (located in
mural) so that it would
children's books
the upper
be more
These changes are very small and will not change the original
integrity, design or overall appearance of the mural project.
The city will have the right to inspect both off-site and on-
site fabrication locations and observe the work in progress at
reasonable intervals by appointment with the Artist Team.
7~i
Item
Meeting Date:
~, Page .2.
Mav 2. 1995
Payment may be withheld if the City is not satisfied with the
Project and/or its progress. The city's acceptance of the
Documentation Phase shall constitute completion of the
project.
The artists agree to waive all rights arising from the
"California Art Preservation Act: (Civil Code section 987 et
seq.) and the "Visual Artists' Rights Act of 1990" (17 U.S.C.
section 101 et. seq.) Attachment F This gives the City all
rights of ownership, possession and control.
The artists will retain all rights under the Copyright Act of
1976 (17 U.S.C. section 101 et. seq.). The agreement,
however, grants to the City license to make reproductions of
the artwork for noncommercial purposes including reproductions
used in city business, including posters, catalogs, souvenirs,
photographs, etc.
The Artist Team will have the first right of refusal for
repairs and maintenance of the project with price approval by
ci ty. Although this is a deviation from the normal consultant
selection process, it will ensure the integrity of the
artist's project.
This agreement includes
Retention will be retained
services provided.
a twenty percent retention.
until the final acceptance of the
FISCAL IMPACT:
The $46,821 allocated for the art work is a specific line item in
the Library Construction and Renovation Bond Act grant received by
the City of Chula vista to construct the South Chula vista Library.
Under the grant, 65% of the costs ($30,434) are paid by the State
and 35% ($16,387) are paid by the city. The funds were
appropriated in the capital Improvement Program LB125.
/JrrlJ(!.HHE-t.Jrs ~ -.B-(!-D
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RESOLUTION NO. / ?8'8".3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACTUAL AGREEMENT
WITH ARTIST TEAM VICTOR OROZCO OCHOA AND JOHN
NEAL HILL FOR THE SOUTH CHULA VISTA LIBRARY
PUBLIC ART MURAL PROJECT
WHEREAS, The California Library Construction and
Renovation Bond Act grant budget for the South Chula vista Library
includes $46,821 (one percent of the construction budget) for works
of art; and
WHEREAS, early in the design stage it was determined that
this money would be used for the creation of a large scale mural in
the Children's Story Hour Room; and
WHEREAS, the artist selection process has now been
completed and an agreement negotiated; and
WHEREAS, under the grant, 65% of the costs ($30,434) are
paid by the State and 35% ($16,387) are paid by the city.
NOW, THEREFORE, BE IT RESOLVED the city council of the
City of Chula vista does hereby approve the contractual agreement
with the Artist Team of victor Orozco Ochoa and John Neal Hill for
the execution of the Public Art Mural Project in the Children's
Story Hour Room at the new South Chula vista Library, based on the
theme of "International Friendship and Understanding", a copy of
which is on file in the office of the City Clerk as Document No.
(to be completed by the City Clerk in the final document).
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 C la vist
David Palmer, Library
Director
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ATTACHMENT A
COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE March 8. 1994
ITEM TITLE: Report on the Artist Selection Process for the
Public Art at the South Chula vista Library
SUBMITTED BY: Library Director
Parks and Recreation Director
REVIEWED BY:
city Manager
(4/5ths Vote: Yes___No-X-)
Council Referral #
The California Library Construction and Renovation Bond Act grant
budget for the South Chula vista Library includes $46,821 (one
percent of the construction budget) for works of art. The City
currently has a percentage set aside program for public art within
redevelopment areas, but there is no City-wide public art/selection
policy. The CuI tural Arts Commission has been charged with
eventually developing such a policy, but it does not appear that
the policy can be formalized within a time frame compatible with
the new library construction.
The City's contract with the architectural firm of LPA calls for
the architect to select works of art for the new library. After
discussions with the Cultural Arts Commission it became apparent
that there should be some public process in the artist selection.
Therefore, it is proposed that the City's Consultant Administrative
Guidelines be used as a model for the artist selection process.
RECOMMENDATION: That Council accept the report outlining the
process to select an artist to execute a public art mural in the
Children's Story Hour Room at the new South Chula vista Library
based on the theme of "International Friendship and Understanding."
BOARD/COMMISSION RECOMMENDATION: The Library Board of Trustees, on
January 23, 1994, and the Cultural Arts commission, on February 8,
1994, voted to support the recommended artist selection process
(ATTACHMENTS A and B).
DISCUSSION:
In November, after months of discussion with the architects and the
State Library, the Project Team identified the Children's story
Hour Room as an ideal location for the work of art called for in
the project budget. Further it was proposed that the art work be
a mural of approximately 750 square feet that will entirely cover
the room's principal wall. The story Hour Room was chosen because
of the desire by the Project Team to make that room a very special
place with warmth and appeal to children of all ages. Although the
Construction Bond Act allows for a one percent set aside for art,
it does not it does not specify interior versus exterior placement.
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ITEM , PAGE 2
MEETING DATE, 3/8/93
Design architect Ricardo Legorreta has proposed that an artist
design a mural for the story Hour Room and then involve the
children of the community to assist with the painting of the panels
before they are hung on the wall. "International friendship and
understanding" has been selected as the subject matter in light of
the bi-cultural, bi-national theme of this library. The wide
ranging nature of this theme should allow artists considerable
artistic freedom in selecting and executing a specific design.
Although the city's contract with the project architect, LPA, Inc.
calls for the architect (Ricardo Legorreta) to select the art, it
was clear that a mechanism was needed to solicit artists. In
December the Library Director attended the Cultural Arts Commission
meeting to discuss this issue and at that meeting some Arts
Commissioners suggested that there be a more formal public
selection process.
In response, the Library Director and Felicia Shaw, the city's
Cultural Arts Coordinator have identified the Consultant Services
Guidelines as a probable model for a selection process. This
concept has been taken to both the Library Board of Trustees and
the Cultural Arts Commission for their approval.
Under this plan:
* The City's Cultural Arts Coordinator will assist the
Library with the development of an RFQ for the design of
the mural and for coordination of the artist selection
process.
* A workshop for prospective artists will be conducted
during the RFQ phase.
* Five names will be sent to the City Manager for his
consideration in naming a Artist Selection Committee.
* The Cultural Arts Commission will nominate two
names.
* The Library Board of Trustees will nominate two
names (one of which will be selected by the Board
of the Friends of the Chula vista Public Library).
* The Cultural Arts Coordinator and the Library
Director will jointly nominate the fifth name.
* The City Manager will formally appoint the
Selection Committee.
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ITEM , PAGE 3
MEETING DATE, 3/8/94
* The Selection Committee will be charged with reviewing
all responses to the RFQ and select seven to ten
proposals for further review. This number may be revised
based upon the number of submittals received.
* The selected artists will make formal presentations to
the Selection Committee.
* Following these presentations the Selection Committee
will recommend three artists to the Architect.
* After his review, the Architect will numerically rank the
three finalists.
* The Library will then attempt to negotiate a contract
with the number one ranked finalist.
* City Council will then be asked to award a contract to
the selected artist.
FISCAL IMPACT:
The $46,821 allocated for the art work is a specific line item in
the Library Construction and Renovation Bond Act grant received by
the City of Chula vista to construct the South Chula vista Library.
Under the grant, 65% of the costs are paid by the State and 35% are
paid by the City. The funds were appropriated in the FY 1993-94
Capital Improvement Program.
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ATTACHMENT A
Library Board of Trustees
- 2 -
January 26, 1994
2. Works of Art
Director Palmer informed the Trustees that one
percent of the South Chula vista Library's
construction costs (approximately $47,000) has been
earmarked for works of art; 65% of which is funded
by the State. The contract with the architect
specifies that the architect will select the artist
for any art work in the building.
The art work would be commissioned to make the
Children's room area more attractive and inviting
to children. Architect Ricardo Legorreta proposed
the Library commission an artist to design and
produce a mural that would then, under artist
supervision, be painted by children in the
community. Director Palmer informed the Trustees
that Mr. Legorreta had commissioned a mural such as
this for a world class children's museum he
designed in Mexico city and that the examples of
this art work were outstanding.
Mr. Palmer discussed the mural concept with LPA
staff, Felicia Shaw, Chula vista's Arts
Coordinator, and Gale Goldman, Public Arts
Coordinator for the City of San Diego. Further,
Ms. Shaw has applied for a grant with the San Diego
Community Foundation to obtain additional funds for
administrative costs associated with this project.
Director Palmer attended an Arts Commission meeting
to ask for help in identifying artists for this
project. Based upon commissioner's comments from
that meeting, Library staff agreed that a public
art selection process be put into place. Mr.
Palmer then turned the meeting over to Felicia
Shaw, Chula vista's Arts Coordinator, to provide
details of the proposed public art selection
process.
Ms. Shaw explained that public art has become very
controversial. Communities demand that art placed
in their neighborhoods and facilities be reflective
of local sentiments. Therefore, it is important
that the public be allowed a role in selecting the
artist and theme for a piece of public art.
The city of Chula vista currently has no public art
selection policy. Ms. Shaw proposed that Chula
vista's administrative guidelines for selecting a
consultant for contracts $25,000 and above be used
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Library Board of Trustees
- 3 -
January 26, 1994
in place of a formal policy. These guidelines
specify that the City Manager appoint a selection
committee of three to five qualified individuals.
This committee will review the proposals and make a
selection.
Ms. Shaw further proposed that a proj ect
Coordinator be hired to coordinate and follow
through on the selection process, which is expected
to take six months. (Trustee Clover Byrum arrived
at 4 PM) This process will be open to any artist.
Ms. Shaw gave the Trustees an overview of the
preliminary art selection process that staff is
recommending.
Proposed Public Art Selection Process:
a. Develop a request for proposal (RFP) .
Determine the product desired, artist's
qualifications, and how the artist should
respond to the request for proposal.
b. Appoint a selection commi ttee. Ms. Shaw
recommended a committee of five individuals:
two appointed by the Library Board, one of
which could be solicited from the Friends of
the Library; two appointed by the Cultural
Arts Commission and one, who is a professional
in the field, appointed by Mr. Palmer and Ms.
Shaw. Director Palmer reminded the Board that
the City Manager will formally appoint members
to this committee, the names presented to him
are, in effect, nominees.
c. Release information to the public through
press releases and flyers.
d. Conduct a workshop to help the artists put
their proposals together.
e. Deadline and acceptance of RFP's. Copies of
which will be sent to the selection committee.
f. The selection committee will meet to narrow
the RFP's to an approximate number (10).
g. The selection committee will meet again to
narrow the RFP's to the final three.
h. The final RFP's will then be sent to the
architect for selection according to contract.
i. The architect's choice will be submitted to
the city Manager and city Council for
approval.
Director Palmer asked the Trustees for comments and
also asked their support of the public arts
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Library Board of Trustees
- 4 -
January 26, 1994
selection process as proposed and the selection of
committee members.
MSC (Williams/Donovan) to approve the public arts
process as explained by Felicia Shaw (4-0-1 Trustee
Alexander absent)
MSC (Williams/Donovan) recommend that one member of
the Library Board of Trustees and one member of the
Friends of the ~ibrary be appointed to the
selection committee (3-0-2 Trustee Alexander and
Trustee Clover Byrum absent).
This item will be placed on
formalize the Trustee's
committee.
the February agenda to
selections to this
3. Furniture and Equipment
Director Palmer reported that the bid document for
furniture, stacks and signage is near completion
and may go out as early as next week. Receipt
and award of bid is estimated to take place in
April or May with delivery scheduled by mid-
September or mid-October.
Interior Designer Marshall Brown has verified his
cost estimates for the furniture on five different
occasions and is very confident that furnishings
and shelving will fall within budget.
The carpet proposed by the contractor did not meet
bid specifications. To purchase carpeting that
complies with bid specifications the Library will
transfer $35,000 from the contingency budget.
Because this change order is over $25,000, it will
require City Council approval.
MSC (Donovan/Williams) that the Library Board
supports the use of monies from the contingency
fund in the amount of $35,000 be used to meet the
requirements in the original specifications for the
carpet. (4-0-1 Alexander absent)
4. opening Date
The architect predicts that construction of the new
library will be completed by October. It is
proposed that the grand opening will be held during
the first week of December.
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ATTACHMENT B
Cultural Arts Commission
Meetings Minutes
2
February 8, 1994
commissioner McAllister nominated and Mr. Pelayo accepted
to take the lead in organizing the booth at the Festival.
C.
Communication with SUHSD
Facility
Eastlake Performing Arts
The Sub-Committee Chair was directed by the Commission to
approach Eastlake High School to discuss potential
partnership with their new Performing Arts Facil i ty .
Commissioner Souval negotiations was not very successful
and no progress was made with the High School.
Chair Cernitz suggested the possibility to facilitate the
process by writing a formal communication to Council
encouraging them to explore all possible options of a
partnership with the City and Eastlake High School Mr.
Gates read the original Council request.
MSC (Souval/Pelayo) (Castillo/Torres) 6-0 to direct
staff, with the Commission's assistance, to prepare a
letter encouraging the Council to continue pursuing
arrangements for partnership of joint usage of the new
Performing Arts Facility.
Action
a. Library Mural Project -
The Commission discussed the presentation made by the
Library at the past meeting. The Commission had a
concern whether the process of developing a murals
program was a public project or whether the architect had
full authority in hiring an artist.
Library Director Palmer outlined the process that the
Library plans to implement in determining the mural
project selection at the new South Chula vista Library.
A proposal was presented to the Library Board and also to
the Cultural Arts Commission. In lieu of a public art
policy in the City (none exists in the City), the city
has a city Ordinance Consultant Services Agreement.
The City Manager will appoint a three to five member
selection committee to serve in a selection process.
Once a consultant has been appointed, five individuals
will then serve on a selection committee. The Library
Board and the Cultural Arts Commission were both asked to
chose two individuals each to serve on the Committee.
?(r/~
Cultural Arts Commission
Meetings Minutes
3
February 8, 1994
Mr. Pelayo noted the Commission should cooperate and help
the Library move forward with the process, however there
were concerns there is no public art policy in place.
The Cultural Arts Commission has the ability to implement
policy for Council approval.
Mr. Palmer asked the Commission to have this item placed
on the agenda for action to decide which commissioners
will be nominated to serve on the Selection Committee.
The final appointment of these nominees will be done by
the City Manager.
MS [Souval/Wheeland] 6-1 [Pelayo voted against,
castillo/Torres absent] to approve the outlined procedure
for the artist selection process in the new South Chula
vista Library. Mr. McAllister requested Mr. Torres be
notified.
b. Retreat - The scheduled Retreat of January 29, 1994 was
canceled. A new date was set for March 12, 1994 at
Eastlake Library.
3. NEW BUSINESS -
Action
a. Communication with Southwestern College MSC
[Wheeland/Souval] (Castillo/Torres absent) 6-0 to direct
staff to assist in drafting a letter on behalf of the
Commission to the Mayor and Council encouraging them to
contact Southwestern College and suggest the College
consider the use of the College Facilities by the
community.
b. supplemental Budget Request - Cultural Arts Coordinator
and Conferences
MSC [Souval/Pelayo] (Castillo/Torres) 6-0 to move forward
with the two supplemental budget requests including the
Cultural Arts Coordinator to a full-time position and
request funding to attend the annual NALLA Conference.
The Commission will need to draft the justification in
report form. The Commission will forward the information
for staff to put into Supplemental Budget Request Report
form.
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ATTACHMENT B
C1lY OF
CHULA VISfA
CALL TO ARTISTS
South Chula Vista Library Mural Project
Request for Qualifications
STATEMENT OF INTENT
The City of Chula Vista is seeking an artist or a team of artists to create a mural at the South Chula Vista
Library (currently under construction) on the corner of Fourth and Orange Avenues. The mural stte is a
750-square foot wall in the Children's Story Hour Room.
THE SITE
Intended to reflect the City's strong combination of Anglo and Hispanic influences, the Library design will
incorporate the best elements of contemporary Mexican architecture combined wtth simple sculptural
forms and contrasting bright colors.
Located in the ctty of Chula Vista, four miles from the Mexican border, the $12.7 million, 37,000 square-
foot library will be a facility dedicated to a bicultural concept of library service. The prominent location of the
library and a design by noted archttect Ricardo Leggorreta will signal a new era in library service for the
residents of this City.
Library users will have access to the latest media and electronic information resources, as well as a bilingual
book collection that will ultimately number 178,000 items. The building will have a variety of functions and
spaces responding to the needs and interests of the south Chula Vista community including a number of
special browsing areas such as the Children's Room, quiet study rooms and a Technology User's Center
which will house a public access computer lab. The Library also will become home to the Itteracyoffice
which will provide tutoring space and a resource library.
In addition, there will be a meeting room complex featuring a 1 DO-seat flat-floored multi-purpose room, a
twenty-five seat conference room, a small bookstore/cafe and a large exhibition/gallery space.
THE CHALLENGE
The artwork must:
. be based on a theme of international friendship and understanding
. involve children in the design and/or fabrication process
. appeal to children
. require low maintenance and be easy to repair
. be respectful of the existing architecture
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THE BUDGET
The total budget for the project is $46,821. This sum must include the artist's design fee, the costs of
fabricating, transporting and installing the work, as well as travel, insurance and all other expenses
associated with the project.
ELIGIBILITY
The project is open to all professional artists who may work alone or coll~borate as a team. Failure to
comply with the requirements described in this RFQ will constitute an invalid statement of qualifications.
SELECTION PROCESS AND CRITERIA
A five-member panel composed of arts professionals knowledgeable in the field of public art, as well as
members of the community, will evaluate each applicant's statement and qualifications and select the
semi-finalists to prepare proposals for the project.
The semi-finalists will be given a tour of the site and will be provided all blueprints and specifications
necessary for their proposals. Semi-finalists will also receive a copy of "A Chula Vista Community Profile",
a compilation of statements shared by community members during a focus group discussion on the library
mural project. Semi-finalists will be encouraged to explore Chula Vista's and the border region's local
character, social dynamics and cultural history.
Each semi-finalist will receive a $100 proposal development honorarium. Teams should designate a
representative, as the honorarium will only be paid to one person.
Each semi-finalist artist or team will make a formal public presentation prior to the panel review and
selection meeting. The panel will consider the proposals and select no more than three artists or team
finalists based on the criteria of previous work, technical qualifications and ability to meet the project
requirements. The project architect, Ricardo Leggoretta, will select the winning proposal from the three
finalists. The City reserves the right to reject all proposals.
TIME LINE
. Community focus group meeting Thursday, September 8 - 7:00 p.m.
. Deadline for submittal of qualifications Friday, September 16, 1994 - 5:00 p.m.
. Notification of semi-finalists Thursday, October 13
. Semi-finalists' tour of site Monday, October 17 - 3:30 p.m.
. Proposal deadline Wednesday, October 26 - 5:00 p.m.
. Semi-finalists' public presentations Wednesday, October 26 - 6:30 p.m.
. Panel review and selection meeting Thursday, October 27 - 5:30 p.m.
. Project finalists announced Friday, October 28
. Project architect review & selection Friday, November 11
. Notification of artist(s) Monday, November 14
Note: Dates are subject to change, with the exception of the deadline for submittal of qualifications.
DEADLINE
Acclications must be hand delivered or mailed in time to be received bv
Fridav, Sectember 16. 1994 at 5:00 c.m. Acclications hand delivered or
costmarked after this date will not be eliaible.
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SUBMITTAL REQUIREMENTS
Artists submitting individually or as a team should prepare the application materials and submit them as
ONE package. Do not bind or staple material. Each application package must include:
. A typed letter of interest describing each artist's past experience, the approach envisioned for
the project and the means that might be used to execute it (two pages maximum).
. A current resume for each artist with emphasis on public art experience and public or private
commissions. Please include a list of past clients, projects am! references.
. Re<,;umes and background information on non-artist team members who would assist with the
project.
. Up to ten (10) 35mm slides of relevant work, presented in a 9x11" plastic slide sheet and
identified with the artist's name. Each slide must be numbered: the TOP of the slide must be
indicated as such.
. An annotated typewritten slide list referencing the slides by number and including date, medium,
dimensions and location of work.
. Any other materials such as catalogues, video tapes, etc. which might aid the selection panel with
the understanding of the artist's work: all additional materials must be clearly labeled.
. A se~-addressed stamped envelope for the return of slides and other materials. The City of Chula
Vista Cultural Arts Commission will retain copies of resumes and letters for its permanent file. The
City is not responsible for the loss or damage of slides. Original artwork will not be accepted.
Applications are to be mailed or hand delivered to:
The City of Chula Vista
Parks and Recreation Department
Attn: Felicia Shaw, Cultural Arts Coordinator
276 Fourth'Avenue
Chula Vista, CA 91910
SELECTION PANELISTS
Patricio Chavez, Visual Arts Curator
Centro Cultural de Ia Raza
Doris Steinman, Member
Chula Vista Friends of the Library
Constance Clover-Byram, Member
Chula Vista Library Board of Trustees
Lee Wheeland, Commissioner
City of Chula Vista Cultural Arts Commission
Dency Souval, Commissioner
City of Chula Vista Cultural Arts Commission
CONTACTS AND QUESTIONS
Any questions regarding the project or the site are to be referred to Felicia Shaw, Cultural Arts
Coordinator, at (619) 691-5071 or Nora McMartin, Principal Librarian, at (619) 691-5161.
CONSTRUCTION OF THIS LIBRARY IS FUNDED IN PART BY A CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOND ACT-
GRANT FROM THE STATE OF CAUFORNIA
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This view is of one end of the Children's
Room. On the opposite end, the mural
site is a 750 sq. ft, 2-story arched wall with
a narrow, vertical slot window and built-in
bench at the base.
Please note: There is no public access to
the construction site. Special
arrangements can be made to view a
video of the library and mural location by
contacting Nora McMartin at 591-5161.
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SOUTH CHULA VISTA LIBRARY
Attachment C
INFORMATION ITEM
DATE:
February 2, 1995
The Honorable Mayor and city council
TO:
FROM:
John Goss, City Manager
David Palmer, Library Director ~
VIA:
SUBJECT: Status of artist selection process for the South Chula
Vista Library Mural Project
The seven month long artist selection process for the South Chula
Vista Library story Hour Room mural has now concluded. The Artist
Selection Committee, chaired by Dency Souval with members Lee
Wheeland, Constance Clover-Byram, Doris Steiman;' and patricio
Chavez held numerous public committee meetings as well as a
community input forum. Based upon a set of criteria, the field of
forty-six applicants was narrowed to ten semi-finalists and
ul timately to four finalists. In January 1995, per the artist
selection plan, Design Architect Ricardo Legorreta reviewed the
proposals of the four finalists and selected the team of Victor
Ochoa and Neil Hill.
A standard two party agreement between the artists and the City of
Chula vista is currently being finalized. The contract, with a
more detailed Agenda Statement, wi~l be bought to the City Council
for approval in mid to late February. If the agreement is
approved, it is anticipated that work on the project can begin by
early March.
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Attachment D
!
~ ATTACHMENT E
Parties and Recital Page(s)
Agreement between
City of Chula vista
and
victor Orozco Ochoa and John Neal Hill
for fabricating a mural at the South Chula vista Library
Children's Story Hour room
This agreement, dated Mav 2. 1995 for the purposes of
reference only, and effective as of the date last executed unless
another date is otherwise specified in Exhibit A, Paragraph 1 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 California Library Construction and Renovation
Bond Act grant budget for the South Chula vista Library includes
$46,821 (one percent of the construction budget) for works of art
to be used for the creation of a large scale mural in the
Children's Story Hour Room with 65% of the costs ($30,434) being
paid by the Sta~e and 35% ($16,387) being paid by the City; and
Whereas, the selected mural will have a theme of
"international friendship and understanding", will be appropriate
for existing South Chula vista architecture, will be sensitive to
the region's cultural and social history, be easy to maintain and
repair, and involve children in the design and/or fabrication
process; and
Whereas, the City's contract with the project architect,
LPA, Inc., specified that the architectural team select the
public art for the new library, a mechanism was needed to select
the artist(s); and
Whereas, the City Council approved an artist selection
process for public art at the South Chula vista Library on March
8, 1995; and
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
. November 2, 1993 Page 1
?f>~J I g -;;tf
,
Whereas, the city Manager approved the five-member Mural
Selection committee to review the artist's proposals; and
"""
Whereas, the Mural Selection committee held numerous public
meetings, as well as a Public Focus Group Meeting, to give the
community an opportunity to share their vision of the mural and
their ideas for student involvement; and
Whereas, a Request for Qualifications was mailed to over
1,000 local artists; and
Whereas, the Mural Selection committee narrowed the field of
forty-six artists submitting proposals, through public committee
meetings, to four finalists; and
Whereas, Design Architect Ricardo Legorreta reviewed the
four finalist's proposals and models and selected the mural
proposal by Artist Team victor Orozco Ochoa and John Neal Hill,
the city desires to retain the Artist Team of Ochoa and Hill to
fabricate and install the mural project in accordance with the
terms and conditions of this Agreement; and
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
~
(End of Recitals. Next Page starts Obligatory Provisions.)
2pty9.wp Standard Form Two party Agreement (Fourth Revision)
November 2, 1993 Page 2
~
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Obligatory provisions Pages
... 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 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 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 3
g"b / 5.;:;J{;
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
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 categor-
ies, 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 and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry ~
("primary Coverage"), and which treats the employees of the City
and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 4
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3 r ;2/?
.
(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.
(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 by a surety and in a
form and amount 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.
. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 5
% ~d- 7 /.6 ~.;;.6
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.
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 Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, aajacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject 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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 6
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"""
. 4. Term.
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
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 per-
formance. 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 co~sultant'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.
.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 7
~~;<r /6-30
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 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 consti~ute 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, Consulta~t 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 subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 8
""'"'
2(> J!J
.
.
.
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
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 the conduct of the Consultant, or any agent or
employee, subcontractors, or others in connec~ion with the
execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful
conduct of the 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. Further, Consultant at its
own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of City shall
not be limited by any prior or subsequent declaration by the
Consultant.
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
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 9
8'~)/ / g '32.-
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, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactor~ 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, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 10
-..
2,'32
------. _.,._,..~
.
.
.
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 first been
presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter
1.34 of the Chula vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 11
2"-)) 1?~34
~
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 recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
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, Consult-
ant 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 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
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 12
""'"
g<37
.
.
.
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
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.]
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 13
<;1>;35/ 8'-- 3~
Signature Page
to
Agreement between City of Chula Vista and Victor Orozco Ochoa and
John Neal Hill
~
for South Chula Vista Library Mural Pro;ect
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:
Dated:
, 19
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, city Clerk
Approved as to form:
......,
Bruce M. Boogaard, City Attorney
By:
../;t6~5
rtist
· z(g -1 !:>
Dated:
..
By.
John N al
Designer
Exhibit List to Agreement
( Xl Exhibit A.
( l Exhibit B:
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 14
--.
fJ- J?
"
~ Exhibit A
to
Agreement between
City of Chula vista
and
[Name of Consultant]
1. Effective Date of Agreement: Mav 2. 1995
2. City-Related Entity:
(X) city of Chula 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:
[insert business form]
, a
.
("city")
3. Place of Business for city:
City of Chula vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: victor Orozco Ochoa and John Neal Hill
also referred to herein as "Artist Team,"
5. Business Form of Consultant: Jointly and severally
( ) Sole Proprietorship
(X ) Partnership Verbal
( ) corporation
6. Place of Business, Telephone and Fax Number of Consultant:
2676 Broadway
San Diego, California 92102
Voice Phone (619) 235-6135 x 14 or 239-4248
Fax Phone (619) 595-0034
.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 1
g~)7/J~33
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. ," ..'
""'"
7. General Duties:
The consultants (referred to as Artist Team) shall design,
fabricate and install a 750 sq. ft. mural, based on the
theme of "International Friendship and Understanding",
(referred to as Project), consistent with the design and
model as depicted in the videotape made at the Semi-
finalist's Presentations on 11/7/94, on the east wall of the
South Chula vista Library's Story Hour Room with the
following modifications:
1) there will be no stained glass window (the
narrow vertical slot will have clear glass)
2) the book on the mural will be designed to look more
like a children's book and less like a religious book
The Project will have interlocking puzzle pieces designed in
the shape of children. As they touch each other the colors
will change symbolizing a bond of friendship between
different ethnic groups and cultures. The materials used to
wrap the puzzle pieces will be natural earth materials such
as textured sand, glass beads, copper and brass.
The Artist Team should make every effort possible to involve
children in the design and/or fabrication process; create ""'"
it so that it appeals to children; create it in a way that
requires low maintenance and be easy to repair; and be
respectful of the existing architecture.
8. Scope of Work and Schedule
A. Detailed Scope of Work
1. Artist Team agrees to fabricate and install the
South Chula vista Project as defined in #7 General
Duties and shall provide the city with a work
schedule indicating working days, dates and
activities that the Artist Team reasonably
believes will be required to install the Project.
2. In fulfilling its obligation under the Agreement,
the Artist Team, its agents and employees shall
comply with all Federal, State and City laws,
ordinances, regulations and requirements which in
any way affect the construction of the Project.
3. The Artist Team shall perform the services
provided for herein in Artist Team's own way as an
independent contractor and in pursuit of Artist
Team's independent calling, and not as an employee
of the city. Artist Team shall be under control
""'"
2PTY9-A.wp
November 2, 1993
?-- .1y
Exhibit A to Standard Form Agreement
Page 2
.
4.
5.
.
.
6.
of the City only as to the result to be
accomplished, but shall consult with the City as
provided for in this in this agreement.
The City shall not make any federal or state tax
withholdings on behalf of the Artist Team. The
city shall not be required to pay workers'
compensation insurance on behalf of the Artist
Team. The Artist Team agrees to indemnify the
city for any tax, retirement contribution, social
security, overtime payment, or workers'
compensation payment which the city may be
required to make on behalf of the Artist Team or
any employee of the Artist Team for work done
under this agreement.
The Artist Team shall create the Project taking
into consideration the safety of the public.
The city shall have the right to inspect both off-
site and on-site fabrication locations and observe
the work in progress at reasonable intervals by
appointment with the Artist Team. Payment may be
withheld if the city is not satisfied with the
Project and/or its progress. The City's
acceptance of the Documentation Phase shall
constitute completion of the project.
The Project shall conform to the design approved
by the Design Architect (with modifications listed
in #7 General Duties).
Should the Artist Team find it necessary to make
any significant modification in the scope, design,
color, size, material, utility or support
~equirements, or texture, the Artist Team shall
submit in writing to the city for approval.
Before the Artist Team may incorporate any
significant modification in the Project, the
Artist Team shall prepare drawings of the proposed
changes for the city's approval. The City must
then approve the changes in writing. A
"significant modification" means any change which
affects installation, scheduling, site
preparation,maintenance or images of the
Project as originally approved.
The Artist Team represent and warrants, except as
otherwise disclosed to the city in writing, in
connection with the Artist Team's scope of work:
'a. The execution and fabrication of the Project
shall be performed in a workmanlike manner.
b. The project shall be free of defects in
material and workmanship, including any
defects consisting of "inherent vice" or
7.
8.
9.
Exhibit A to standard Form Agreement
Page 3
2PTY9-A.wp
November 2, 1993
8""}; //-40
qualities which cause or accelerate
deterioration of the mural.
c. The warranty of quality and condition shall
survive for a period of one year and after
the final acceptance of the Project. The
City shall give notice to the Artist Team of
any observed breach with reasonable
promptness. The Artist Team shall, at the
request of the City, and at no cost to the
City, cure reasonably and promptly the breach
of any such warranty which is curable by the
Artist Team and which cure is consistent with
professional conservation standards
(including, for example, cure by means of
repair or refabrication of the Project).
10. Initial On-Site Fabrication Phase
a. The initial on-site fabrication phase will
begin in May 1995 with the preliminary design
and mural layout (approximately two-three
weeks), rental of the warehouse and
equipment, purchase of materials and partial
hiring of staff, etc. The anticipated
completion date for this phase will be May
31, 1995.
b. Throughout the on-site fabrication and
installation phases the Artist Team will be
responsible for covering and protecting the
bench and carpet while working on the Project
in the Children's story Hour Room.
11. Initial Off-site Fabrication Phase
a. The initial off-site project fabrication
phase will also begin in May 1995 with the
construction of panels and framework and the
completion of the preliminary design layout.
The Artist Team will supply equipment for
spraying heavy paint (compressor, extensions,
spray guns, etc.). The anticipated
completion date will be June 30, 1995.
12. Final Off-site Fabrication Phase
a. The Artist Team will hire and coordinate a
team of professional artists (representative
of different ethnic groups), who have
previous experience working with children, to
go into the South Chula vista community and
work with the children. The anticipated
final off-site completion of the puzzle
pieces by the students and artists will be
July 31, 1995.
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 4
g"/ IjtJ
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-...,
-..
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.
b. The Artist Team shall package, protect and
transport all materials from the fabrication
site to the installation site.
13. Final On-site Fabrication Phase
a. The Artist Team will install the mural
panels, caulk the joints, colorize and detail
the mural and install lighting (per city
approval). The anticipated completion of
this phase will be August 31, 1995.
b. The Artist Team shall submit to the City a
recommended anti-vandalism coating product or
shield that will protect the lower portion of
the Project (with all costs to be within the
project's budget) if the materials used are
not deemed to be durable enough for public
access. Upon approval, the Artist Team shall
apply product (or shield) following the
manufacturer's guidelines, at no additional
costs to the city.
14. Pro;ect comoletion Phase
a. The Artist Team will notify the City in
writing at 365 F Street, Chula vista CA
91910, when the Project is installed.
b. within eight (8) working days after the
Artist Team notifies the city, the City shall
submit written approval or denial of the On-
site Installation Phase of the Project.
c. city's acceptance of the On-Site Installation
Phase shall constitute authority for the
Artist Team to commence the Documentation
Phase.
d. The Artist Team shall clean up the property
as may be reasonably requested by the city.
Upon completion of the Project, the Artist
Team shall remove all equipment and excess
materials promptly and as requested by the
Library.
e. The Artist Team will be responsible for
repairs not caused through acts of vandalism
for one year following completion of the
project. After the first year, for the
lifetime of the Project, the City shall
maintain and repair the project and shall
have the right to determine if and when
repairs or restorations to the Project are
necessary. The Artist Team will have the
first right of refusal for repairs and
maintenance of the Project with price
approval by city.
.
.
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 5
g>'I/ /2-12--
2PTY9-A.wp
November 2, 1993
f.
The Artist Team hereby acknowledges that the
Project will be applied to the interior wall
of the building and therefore its
installation will subject the Project to
destruction, mutilation or other modification
by reason of removal. The Artist Team hereby
waives any and all rights of ownership
provided by 17 USC Section 106 A (a) (2) and
(3). "WAIVER. The artist recognizes that he
or she may have certain rights arising from
the "California Art Preservation Act"
(Civil Code 987 et seg.) or the "Visual
Artists' Rights Act of 1990" (17 U.S.C. 101
et seg.). Those Acts require that a waiver
of their provisions be expressly made in
writing, Being fully informed, the artist
and his or her agents, heirs, successors and
assigns hereby waive any and all rights he
or she may have under the provisions of the
"California Art Preservation Act" (Civil Code
987 et seg.) or the "Visual Artists' Rights
Act of 1990" (17 U.S.C. 101 et seg.). The
artist, his or her agents, heirs, successors
and assigns further agree not to attempt to
defeat this waiver by cooperating,
encouraging or assisting any organization
which seeks to bring an action under these
Acts."
The Artist Team understands that the City has
no obligation to notify the Artist Team of
intention to remove, and the Artist Team does
not have the right to remove the work or pay
for its removal within 90 days of notice.
The City shall have the right to graphically
reproduce the art produced by the Artist Team
provided that such reproduction is credited
to the Artist Team per the California Art
Preservation Act Copyright Law. The Artist
Team grants to the City a fUlly-paid-up
irrevocable license to make reproductions of
the Project for noncommercial purposes,
including but not limited to, reproductions
used in city business, advertising,
brochures, posters, media publicity,
catalogs, souvenirs, photographs, drawings,
or publications of the city, providing
however, the City may not make a full scale
exact duplicate of the Project. The city
shall include the Artist's copyright notice
on any reproductions. Title to the completed
~
-..
g.
h.
~
Exhibit A to Standard Form Agreement
Page 6
?/lc2
.
Project immediately vests in the city upon
completion, along with all rights of
ownership, possession and control. Prior to
completion of the Project, the city has the
right, at its option, to claim ownership,
possession and control of the uncompleted
portions of the Project which are on site.
i. Upon final payment to the Artist Team, all
right, title and interest to the Project
shall become vested in the City of Chula
vista.
j. The Artist Team reserves all copyrights in
the Project, the preliminary design, and any
incidental works made in the creation of the
work. The responsibility for registration of
the copyright shall be the responsibility of
the copyright holder under this agreement.
15. Documentation Phase
a. The Artist Team shall provide information on
the Project as requested by the city before
the Documentation Phase is approved by the
city.
b. At no additional cost to the City, the Artist
Team shall provide the City with two sets of
35mm color slides of the Project within
thirty working days after-the project has
been installed.
c. At no additional cost to the city, the Artist
Team shall provide the City with two
videotapes (1/2" VHS) documenting the
complete process of creating and installing
Project, within thirty days after the Project
has been installed.
d. At no additional cost to the city, the Artist
Team shall construct and install a plaque or
similar means of identification, identifying
the Artist Team, the title of the Project,
the year it was completed, and a credit
reading as follows: "commissioned for the
community of Chula vista under the leadership
of the Chula vista City Council and funded
jointly by California Library Construction
Renovation Bond Act Grant from the California
state Library and the City of Chula vista.
The plaque shall be constructed and installed
before the documentation phase may be
approved. The plaque shall be publicly
displayed in the vicinity of the Project.
The city agrees that unless the Artist Team
requests to the contrary in writing, all
.
.
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 7
?{'Y;;/i-1f
f.
g.
e.
references to the Project and all
reproductions of the Project shall credit the
Project to the Artist Team and the City. The
Artist Team agrees that all formal references
to the Project shall include the following
credit line: "An original work commissioned
by the City Council of Chula Vista,
California."
within fourteen (14) working days of the
receipt of the documentation materials
submitted by the Artist Team, the City shall
submit written approval or denial of the
Documentation Phase. The City's acceptance
of the Documentation Phase shall constitute
completion of the project.
The Artist Team shall cooperate with the City
(at the city's option) in a community
dedication after written approval of the
completion of the Project.
The Artist Team may be required to discuss
the Project with the general public or media
in special meetings scheduled for this
purpose but they shall not make any public
information release in connection with
services performed under this Agreement
without prior notification to the City
(Public Information Coordinator).
---
---
B. Date for Commencement of Consultant Services:
(X ) Same as Effective Date of Agreement
( ) O.ther:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: August 31, 1995 - Off-site
completion of mural by Artist Team and delivery to
site; on-site installation and colorization of mural
panels. (Completion of Final On-Site Fabrication
Phase)
Deliverable No.2: September 3D, 1995 - Completion of
final documentation phase (slides, video and plaque)
D. Date for completion of all Consultant services:
September 3D, 1995
9. Insurance Requirements:
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 8
---
~- <1:1
-~ - -._ _____v_n. -....-..
statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.*
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage).
Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
* Insurance shall date-from the first day of construction
until one year after acceptance by the City Council.
.
( )
(x)
( )
( )
( )
10. Materials Required to be Supplied by City to Consultant:
Office/storage space for 2-3 weeks at beginning of project
and 3-4 weeks at the end of project. Hydraulic lift
11. Compensation:
A. (x) Single Fixed Fee Arrangement.
For satisfactory performance, as determined by the city, 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: $46.821
payable as follows:
. Milestone or Event or Deliverable Amount or Percent of Fixed Fee
Initial payment upon execution of contract
(for Initial On-Site Fabrication Phase including:
rental of warehouse, purchase of materials,
partial hiring of staff, rental of equipment,
preliminary mural design and layout, etc.)
Completion of Initial On-Site Fabrication Phase
and initial Off-site Fabrication Phase including
completion of off-site construction of panels
and framework and preliminary design layout.
Anticipated completion date June 30, 1995.
Completion of Final Off-site Fabrication Phase
including completion of puzzle pieces by students
and artists and delivery to installation site.
Anticipated completion date July 31, 1995.
completion of Final On-Site Fabrication Phase
including completion of off-site mural by Artist
Team; on-site installation and colorization of
mural panels. Anticipated completion date
$12,600
$9,000
$12,600
$3,257
.
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 9
~~Jj// g-L/{jJ
mural panels. Anticipated completion date
August 31, 1995.
-.
Completion of documentation phase. Anticipated
completion date September 30, 1995.
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.
$9,364
Phase
Fee for Said Phase
C.
( ) 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
hereinbelow 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 $ including
all Materials, and other "reimbursables" ("Maximum
Compensation") .
(2) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred
time and materials equal to
("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.
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 10
-.
8"~ 'I ~
.
.
.
Rate Schedule
category of Employee
of Consultant
Hourly
Rate
Name
( ) Hourly rates may increase by 6% for services
rendered after [month], 19 , 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:
(x) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $
( ) Copie.s, not to exceed $ :
( ) Travel, not to exceed $
( ) Printing, not to exceed $
( ) Postage, not to exceed $ :
( ) Delivery, not to exceed $
( ) Long Distance Telephone Charges,
not to exceed $
( ) Other Actual Identifiable Direct Costs:
, not to exceed $ . .
, not to exceed $ :
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 11
g---'1? I g- 4%
13. Contract Administrators:
.-.
city:
Chula vista Public Library/Nora McMartin and
Deborah Barrow
Consultant:
Victor Orozco Ochoa and John Neal Hill
14. Liquidated Damages Rate:
( ) $ per day.
( ) 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.
property and
regulatory,
department.
( Category No.4. Investments in business entities
ftnd sources of income which engage in land
development, construction or the acquisition or
sale of real property.
(
3. Investments, interest in real
sources of income-subject to the
permit or licensing authority of the
-
( ) 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.
........
2PTY9-A.wp
November 2, 1993
S--J/r
Exhibit A to Standard Form Agreement
Page 12
.
.
.
( ) 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.
Billing:
Day of the Period for submission of ~onsultant's
(x ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: 605-6050-5298 LB125
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(x ) 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:
( X) Retention Percentage: -lQ%
( ) Retention Amount: $
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 13
<g'/'1r; / g- 6()
'"
~
Retention Release Event:
(X ) Completion of All Consultant Services
( ) other:
""'I
~
2PTY9-A.wp
November 2, 1993
y.--~o
Exhibit A to Standard Form Agreement
Page 14
-. ~_.~----~ --.~ ._~- --.-..._-
.
Attachment F
"WAIVER. The artist recognizes that he or she may have
certain rights arising from the "California Art Preservation
Act" (Civil Code 987 et seq.) or the "Visual Artists' Rights
Act of 1990" (17 U.S.C. 101 et seq.). Those Acts require that
a waiver of their provisions be expressly made in writing and
being fully informed, the artist and his or her agents, heirs,
successors and assigns hereby waive any and 'all rights he or
she may have under the provisions of the "California Art
Preservation Act" (Civil Code 987 et seq.) or the "Visual
Artists' Rights Act of 1990 (17 U.S.C. 101 et seq.). The
artist, his or her agents, heirs, successors and assigns
further agree not to attempt to defeat this waiver by
cooperating, encouraging or assisting any organization which
seeks to bring an action under these acts."
.
,
.
f5~sJ
...t
04127195 10: 31
U519 23' 3'07
lITDB
IiII 0011001
MTDB 1-
_ rTi'7
r.1~~ r "lJUt, I ,Tr l L I ~ It J~ [ I ,I' L~ 'J .....,
'255 Imperial AllGflue. SUlle,OOO
San o;ego. CA 92101-;490
:;;19123'-1466
FAX 16,9) 234-3407
April 27, 1995
ADM 121 (PC 100)
Mr. David Malcolm
Port Commissioner
San Diego Unified Port District
P.o.~ox~
San Diego, CA 112
Dear II:
In .id-1996 MTDB will open its north LRT extension to Old Town. Then, by the
end of 1997 we plan to extend the line through Mission Vall~ to the San Diego
Jack Murphy StadiUD.
With this expanded transit service, and the new Coaster express rail coming in
to the Old Town Transit Center, I see the opportunity for a greatlY improved
transit connection to Lindbergh Field. Over the short-term. this connection
will have to rely upon buses, but the longer-te~ holds the promise for a
possible high quality guideway linkage. .
As the Port District advances its strategic planning effort. I hope that you
will make sure that the future potential of transit is seriously considered as
an integral part of the airport's ground access improvement plan.
Please feel free to call .. if you care to discuss this matter further.
y,
cc: Leon Williams. Chairman
11_.'-:
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