HomeMy WebLinkAbout2007/09/11 Agenda Packet
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
document on the bulletin board according to \ r ,
Brown Act requirements. L1~ ~l/~
I) :;>.l.LL- _ ~
'{-I'D Signed ~
........-=: ~~
- - --
ellY OF
CHUlA VISfA
AJ
Cheryl Cox, Mayor
Rudy Ramirez, Councilmember David R. Garcia, City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
September 11, 2007
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY FIRE CHIEF PERRY, OF EMPLOYEE OF THE MONTH,
ALICIA HERNANDEZ, ADMINISTRATNE SECRETARY
. OATHS OF OFFICE
Duane Bazzel, Growth Management Oversight Commission
Stan Canaris, Growth Management Oversight Commission
Bertha Lopez, International Friendship Commission
Guy Chambers, Parks and Recreation Commission
Israel Garza, Parks and Recreation Commission
. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO FIRE CHIEF
PERRY AND POLICE CHIEF EMERSON PROCLAIMING SEPTEMBER 11, 2007
AS NATIONAL PATRIOT DAY, A CITYWIDE DAY OF HONOR AND SUPPORT
. PRESENTATION BY BRENDAN REED AND ROMAN PARTIDA-LOPEZ ON THE
CITY'S NATURESCAPE PROGRAM WHICH PROMOTES NATURE-FRIENDLY
LANDSCAPING AND GARDENING IN THE COMMUNITY
. PRESENTATION BY LYNN FRANCE, ENVIRONMENTAL SERVICES
MANAGER, OF THE BEAUTIFY CHULA VISTA PROGRAM
CONSENT CALENDAR
(Items 1 through 5)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or City staff
requests that an item be removed for discussion. If you wish to speak on one of these
items, please fill out a "Request to Speak" form (available in the lobby) and submit it to
the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed immediately following the Consent Calendar.
1. WRITTEN COMMUNICATIONS
A. Memorandum from Councilmember Rudy Ramirez, requesting an excused
absence from the City Council Meeting of September 11,2007.
Staff recommendation: Council excuse the absences.
B. Letter of resignation from Nancy Batterman, member of the Housing Advisory
Commission.
Staffrecommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
C. Letter of resignation from Guy Chambers, member of the Board of Ethics,
effective September 20,2007.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS
ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING A
ONE ACRE PARCEL LOCATED AT 696 NAPLES STREET FROM R-3 P-9,
APARTMENT RESIDENTIAL, PRECISE PLAN, NINE DWELLING UNITS PER
ACRE, TO ILP, LIMITED INDUSTRIAL, PRECISE PLAN, AND ADOPTING
PRECISE PLAN STANDARDS (SECOND READING)
Adoption of the ordinance modifies the zone designation and adopts a Precise Plan
Development Standard, making the current land use conform with the industrial land use
designation and policies of the General Plan. This ordinance was introduced at the
Regular City Council meeting of August 14, 2007. (Planning and Building Director)
Staff recommendation: Council adopt the ordinance.
Page 2 - Council Agenda
http://www.chulavistaca.gov
September 11, 2007
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND NBS GOVERNMENT FINANCE GROUP, DBA NBS,
FOR SPECIAL TAX CONSULTANT SERVICES FOR THE FORMATION OF AN
INFRASTRUCTURE FINANCING COMMUNITY FACILITIES DISTRICT WITHIN
OTAY RANCH VILLAGE TWO PURSUANT TO THE MELLO-ROOS
COMMUNITY FACILITIES ACT OF 1982, AND AUTHORIZING THE MAYOR TO
EXECUTE THE AMENDMENT
Adoption of the resolution approves an amendment to an agreement with NBS, the City's
Special Tax District Administrators, to include the formation of an infrastructure
Community Facility District within Otay Ranch Village Two, pursuant to the "Mello-
Roos Community Facilities Act of 1982". (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 05-16, OT A Y
RANCH VILLAGE 6 MARQUIS UNIT 1, PLANNING AREA MU-2, APPROVING
THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF THE IMPROVEMENTS; APPROVING THE ASSOCIATED
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
Adoption of the resolution will approve Planning Area MU-2 final map within Otay
Ranch Village 6 by Otay Ranch Fourteen, LLC a Delaware Limited Liability Company.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
RBF CONSULTING FOR THE PROVISION OF CIVIL ENGINEERING AND
SPECIAL INSPECTION SERVICES FOR THE EASTLAKE PARKWAY SEWER
CONNECTION PROJECT (KY-709) AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
Approximately 350 Lineal feet of 12" sewer pipe needs to be installed by means of
tunneling under several large diameter water aqueducts and other utilities. Due to the
complexity of this construction method and the sensitivity of the adjacent utilities, it is
necessary that the City hire a highly qualified consultant to provide design plans,
construction specifications, cost estimates (PS&E) and special inspection services
required to facilitate the proper installation of the sewer pipeline. (Engineering and
General Services Director)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda
http://www .chulavistaca.20V
September 11, 2007
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from taking action on any issue not included On the
agenda, but, if appropriate, the Council may schedule the topic for future discussion or
refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law. If you
wish to speak on any item, please fill out a "Request to Speak" form (available in the
lohby) and submit it to the City Clerk prior to the meeting.
6. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT NO. 2007-1
(FIRST AVENUE)
Residential properties along First Avenue, between Naples Street and Palomar Street, are
currently without curbs, gutters, or sidewalks. Fifty of the fifty-nine property owners
have signed a petition requesting that special assessment district proceedings be
commenced for the purpose of financing the construction of these improvements. Staff
has completed preliminary design and cost estimates for this project. Council previously
adopted resolutions which accepted the petition, approved the proposed boundary map
and preliminary Assessment Engineer's report, set a public hearing and ordered the
initiation of ballot proceedings. Adoption of the following resolution declares the results
of the Assessment Ballot tabulation, makes findings, and orders the construction of
improvements. (Engineering and General Services Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE RESULTS OF THE ASSESSMENT BALLOT
TABULATION FOR ASSESSMENT DISTRICT NO. 2007-1 (FIRST
AVENUE), MAKING FINDINGS PURSUANT TO THE IMPROVEMENT
ACT OF 1913 AND ARTICLE XmD OF THE CONSTITUTION OF THE
STATE OF CALIFORNIA, AND ORDERING THE CONSTRUCTION OF
IMPROVEMENTS
7. CONSIDERATION OF WANING MINOR IRREGULARITY ON THE BID
RECEIVED FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR-
288)" PROJECT PER CITY CHARTER SECTION 1009
Page 4 - Council Agenda
htto://www.chulavistaca.gov
September II, 2007
On July 25,2007 at 2:00 p.m., the General Services Director received five sealed bids for
the "Eucalyptus Park Security Lighting (PR-288)" project. The project will be located at
Eucalyptus Park at Fourth Avenue and C Street. (Engineering and General Services
Director)
Staff recommendation: Council open the public hearing and continue the item to the
meeting of September 18, 2007.
OTHER BUSINESS
8. CITY MANAGER'S REPORTS
9. MAYOR'S REPORTS
10. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M. Brown Act (Government Code 54957.7).
II. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(b)
. Three cases
ADJOURNMENT to the Regular Meeting of September 18, 2007 at 6:00 p.m. in the Council
Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 5 - Council Agenda
htto:/ /www.chulavistaca.gov
September 11, 2007
~'f?
~
1i;:----=-
- - --
Councilman Rudy Ramirez
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CllY OF
CHUlA VISTA
Thursday, August 16, 2007
TO:
The Honorable Mayor & City Council
FROM:
Raya Drew, Council Aide
RE:
Excused Absence from City Council Meeting
Councilman Rudy Ramirez has requested an excused absence from the City Council
Meeting of September 11, 2007,
Cc: City Clerk
fA
I~~. J{rs.NancyBatterlllan .1..,......
. 'J. . 869 Durl-vard Sf - ,.
Chula Vista, CA. 919/0 Jil
~--
AUG 0 9 2007
August 5, 2007
Mrs. Cheryl Cox
Mayor of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Cox:
I have been an Ex Officio member of the Housing Advisory Commission for the
last 18 months. It has been a very enlightening and valuable process.
Unfortunately my work responsibilities will prohibit me for continuing on the
Commission.
Sincerely,
~UJ l3o.i/l1~
Nancy Batterman
PC: Stacey Kurz, Senior Community Development Specialist
Steve Zasueta, Chairperson of the Housing Advisory Committee
113
From: sirguy [maill:o:sirguy@cox.netj
Sent: Tuesday, August 21, 2007 8:09 PM
To: 'Chris Searles, M.D.'; 'G. Michael German'; Felida Starr (Calistarr@aol.com); 'Norma Toothman';
'Todd Glanz'
Cc: 'Joyce Malveaux'; 'jquijano@chula-vista,ca.gov'
Subject: Info
My Honorable Peers,
It is with great disappointment that I must inform you of my pending resignation from
the Board of Ethics. On August 21,2007, Mayor Cheryl Cox informed me, that I was
selected for appointment on the Parks and Recreation Commission. The next board
meeting will be my last. My swearing in for P&R is scheduled for September 11, 2007
at 6:00 p.m. Your leadership and passion to do what is right for the community of
Chula Vista is both commendable and honorable. Continue to fight the good fight and
never look back.
Much respect,
Guy
Ie..-
..to.\\) ~o~O\\
~U"'"
ORDINANCE OF THE CITY COUNCIL OF OF CHULA VISTA
AMENDING THE ZONING MAPS EST D BY MUNICIPAL CODE
SECTION 19.18.010 BY REZONING A ACRE PARCEL LOCATED AT
696 NAPLES STREET FROM R-3-P-9, APARTMENT RESIDENTIAL,
PRECISE PLAN, NINE DWELLING UNITS PER ACRE, TO ILP, LIMITED
INDUSTRIAL, PRECISE PLAN, AND ADOPTING PRECISE PLAN
STANDARDS.
ORDINANCE NO. 2007-
1. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically
represented in Exhibit "A" and incorporated into the ordinance by this reference, and for the
purpose of general description consists of one parcel totaling one acre, located at 696 Naples
Street ("Project Site or Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on February 28, 2006, a Zone Modification application was filed by Health
Advances, USA, ("Applicant") with the Planning and Building Department of the City of Chula
Vista, requesting an amendment to the adopted zoning map or maps established by Section
19.18.010 of the Chula Vista Municipal Code in order to change the Project Site zone
designation from the R-3-P-9 (Apartment Residential, Precise Plan, nine dwellings units/acre) to
the ILP, Limited Industrial, Precise Plan and adopting Precise Plan Standards to guide the
redevelopment of the Project Site ("Project"); and
C. Prior Approvals
WHEREAS, on December 13,2005, the Chula Vista City Council adopted a resolution
amending the Chula Vista General Plan, which included the re-designation of the project site
from Residential Medium (6-11 d.u./ac.) to Limited Industrial; and
D. Planning Commission Record on Application
WHEREAS, the Planning Department set the time and place for a hearing on the Project,
and notice of the hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior
boundary of the Project Site, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on July 25, 2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after
hearing staff presentation and public testimony, voted 6-0-1-0 to recommend that the City
Council approve the zone district re-designation, including the Precise Plan Standards in
accordance with the findings listed below; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on July 25, 2007, and the minutes and
resolution resulting therefrom, are incorporated into the record of these proceedings; and
2-1
Ordinance
Page 2
J~'",
, (jl/
E.
City Co~n:<SiI>R~cord on Application
WHEREAS, the City Clerk set ~. tirp.e and place for the hearing on the Project
application and notice of the hearing, together with its purposes given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500 feet
of the exterior boundaries of the Project Site at least ten (l0) days prior to the hearing; and
WHEREAS, the City Council held an advertised public hearing on the Project on August
14,2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and
WHEREAS, after hearing staff's presentation and public testimony, and receiving the
recommendation of the Planning Commission, the City Council voted (6-0-1-0) to approve the
zone redesignation and Precise Plan standards and adopt a Precise Plan, in accordance with the
fIndings listed below; and
II. The City Council of the City Chula Vista ordains as follows:
A. CertifIcation of Compliance with California Environmental Quality Act (CEQA)
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the proposed project was adequately covered in previously adopted General Plan Update Final
Environmental Impact Report, EIR 05-01. Thus, no further environmental review or
documentation is necessary.
B. Independent Judgment of the City Council
WHEREAS, the City Council has exercised its independent review and judgment and
concurs with the Planning Commission, and Environmental Review Coordinator's determination
that no further environmental review is necessary.
C. The rezoning of the Project Site is consistent with the City ofChula Vista General
Plan, as approved on 12/13/05, and public necessity, convenience, the general welfare and good
zoning practice support the amendment to the Municipal Code.
D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the
Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A"
from the R-3-P-9 (Apartment Residential, Precise Plan, nine dwellings units/acre) zone, to the
ILP (Liruited Industrial, Precise Plan) zone, as represented in Exhibit "B".
E. Precise Plan Findings
I. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
The City Council fInds that the proposed precise plan standards contained in
attached Exhibit "B" will have a positive impact on the surroundina
neighborhood because the proposed standards allow the applicant to moditj
the project to be more compatible with adjacent residential development
2-2
Ordinance
Page 3
presently existing in the area. The surrounding area includes single-family
dwellings to the east, a school to the south, industrial buildings to the north
and a railroad with adjacent mobile homes on the west. This development
will establish new standards, which are appropriate for the area, providing
more of a transition between existing single-family and light industrial
development.
2. That such plan satisfies the following principles for amendment of the "P"
modifying district as set forth in CVMC 19.56.041:
(a) The City Council [mds that the property is an area adjacent and contiguous
to a zone allowing different land uses, and the development of a precise
plan will allow the adj acent area to coexist with this land usage, which
might otherwise prove incompatible. A rezone to the ILP zone is the most
effective way of establishing industrial development standards in a manner
that complies with the City's General Plan and Zoning Ordinance.
(b) Council also [mds that the adoption of the Precise Plan standards will
allow the project to be designed with a more appropriate transition
between it and adjacent single family development, helping buffer the
adjacent homes from this use by incorporating walls and landscaped
setbacks, as well as moving roll-up doors and truck access to the rear of
the building.
3. That any exceptions granted which may deviate from the underlying zoning
requirements shall be warranted only when necessary to meet the purpose and
application of the Precise Plan. Development of the lot using the standards
normally required in the 1L zone would limit the ability of the Applicant to
propose a design which:
(a) Meets the goal of buffering the single family residential uses to the east by
providing a more significant landscaped buffer along that property line.
(b) Provides for truck access to the rear of the building by moving the truck
maneuvering space to the south side of the property.
These requested deviations under the Precise Plan are warranted in order to
achieve the purpose of the Precise Plan Modifying District.
4. The approval of this plan will conform to the General Plan and the adopted
policies of the City OfChula Vista.
The project has been designed and evaluated in accordance with the goals and
objectives of the General Plan. The Precise Plan, as described above, will
allow the project to be consistent with the goals and objectives of the General
Plan, and the Chula Vista Municipal Code.
F. The Precise Plan and Precise Standards as depicted in Exhibit "B" are hereby
adopted and are supported by the required findings (CVMC Section 19.56.041, as outlined in
Section II (E) above.
2-3
Ordinance
Page 4
III. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Presented by
Approved as to form by
James D. Sandoval
Planning and Building Director
Ann Moore
City Attorney
Exhibit A: Rezone Map
Exhibit B: Precise Plan Standards
2-4
CITY COUNCIL
AGENDA STATEMENT
09/11107 Item~
SUBMITTED BY:
RESOLUTION APPROVING THE SECOND
AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND NBS GOVERNMENT
FINANCE GROUP, DBA NBS, FOR SPECIAL TAX
CONSULTANT SERVICES FOR THE FORMATION OF
AN INFRASTRUCTURE FINANCING COMMUNITY
FACILITIES DISTRICT WITHIN OTAY RANCH
VILLAGE TWO PURSUANT TO THE MELLO-ROOS
COM:MUNITY FACILITIES ACT OF 1982, AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AMENDMENT.
ENGINEERING & GENERAL SERVICES DIRECTOR ~~
ASSISTANT CITY MANAGER -==;,---r
CITY MANAGER ~--r-
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES
NO X
BACKGROUND
This report discusses the justification for waiving the formal consultant selection process
for the Special Tax Consultant with expertise in the formation of Infrastructure Financing
Community Facilities Districts (CFD).
Tonight, Council will consider the approval of an amendment to an agreement with NBS,
the City's Special Tax District Administrators, to include the formation of a
Infrastructure CFD within Otay Ranch Village Two, pursuant to the "Mello-Roos
Community Facilities Act of 1982".
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIVIty for
compliance with the California Environmental Quality Act (CEQA) and has detennined
that the activity, adoption of a contract amendment, is not a "Project" as defined under
Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(2)
3-1
09/11/07,fiem~
Page 2 of 3
of the State CEQA Guidelines the activity IS not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDA nON
That Council adopt the resolution:
.
Approving the second amendment to an agreement between the City of Chula
Vista and NBS Government Finance Group, DBA NBS, for Special Tax
Consultant Services for the formation of an Infrastructure Financing
Community Facilities District within Otay Ranch Village Two pursuant to the
Mello-Roos Community Facilities Act of 1982, and authorizing the Mayor to
execute the amendment.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The City currently has 23 Assessment Districts and/or Community Facilities Districts, all
formed for the purpose of financing infrastructure improvements. The City began
utilizing infrastructure districts in 1985 in order to provide long-term financing for
necessary infrastructure in newly developing areas of the City. Otay Project L.P. has
submitted a request to the City to begin forming an Infrastructure Financing Community
Facilities District within Otay Ranch Village Two.
The early stages of formation are underway, but during the duration of formation, the
contract with the special tax consultant, MMS, expired on August 24, 2007. Therefore,
the City is in need for a special tax consultant to complete the formation process.
The Special Tax Consultant's role is to recommend CFD boundaries, provide input into
the bond-sizing process, prepare the Engineer's Report, recommend the rate and method
of apportionment of the special tax, and prepare the project's acquisition/financing
agreement. fi is recommended that the City amend the agreement with our current
special tax district administration consultant, NBS, as they are prepared to take on the
required tasks. All members of the district formation team are agreeable to this selection.
NBS is a recognized expert in special tax and assessment financing, and their knowledge
combined with the fact that they currently serve as administration consultant for the
City's current special tax districts puts them in a better position to step-in and provide the
necessary services efficiently and expertly.
Because NBS is the City's current Special District Administrator (meaning they perform
the duties associated with implementing and administering the district after it is formed),
they have been involved in the formation process of this district from the beginning.
Typically, the formation consultant and the administration consultant are the same due to
3-2
.-.
09/11/07, Iteml
Page 3 of 3
the efficiencies that are realized when one team of experts is doing both-this action will
allow Chula Vista to realize these advantages.
Gi ven the critical and sensi ti ve nature of each of the elements of a successful bond sale
and the importance of continuity, staff believes this approach avoids the potential of
significantly negatively impacting the district formation to the risk of the City, developer
and, ultimately the future residents of this district. The risk to the City of trying to offer
bond issuances with documentation from consultants who are unfamiliar with the needs
of the City outweigh any perceived advantage to undertaking a selection process in this
particular instance. The amount of time it will take for a formal selection process as well
as the time it will take to bring the selected special tax consultant up to speed would be
significant, and could possibly delay the formation of the district. It should be noted,
however, that staff is in the process of developing an RFP for future work of this type.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
FISCAL IMPACT
There is no impact to the General Fund resulting from this action. The total cost for
establishing this district is expected to be $45,000 for NBS Special Tax Consultant
Services, plus actual expenses. All costs associated with the formation of this district will
be paid through a deposit account funded by the developer.
ATTACHMENTS:
1. Original Agreement dated May 10,2005
2. NBS Contract First Amendment
3. NBS Contract Second Amendment
Prepared by: Tessa Quicho, Administrative Analyst II, Engineering Department
3-3
m>>tMENT 1
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
NBS Government Finance Group, dba NBS
for Special District Apportionment, Delinquency Monitoring, Administration
and Other Services
This agreement (" Agreement"), dated dfs O>j .I:k ;:J"o 5- for the purposes of reference
only, and effective as of the date last executed unl ss ano er 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 has formed Assessment Districts to provide funding for benefiting
properties and infrastructure under the Municipal Improvement Acts 1913 and 1915; and,
Whereas, the City has formed, or is in the process of forming, Mello-Roos Community
Facilities Districts to provide funding for the construction of infrastructure or for the maintenance of
open space areas in accordance with the Community Facilities Act of 1982; and,
Whereas, the City has formed twenty-four Open Space Districts to provide funding for
perpetual maintenance of common open, space areas; and,
Whereas,Sectian 8730 'of the Streets.and Highways COde. requires that when a parcel ofland
upon which there is an unpaid assessment divides, the original assessment must be segregated and
apportioned in accordance with the benefits to the several parts of the original list; and,
Whereas, the City requires a consultant for the performance of apportionment, delinquency
monitoring, administration and other services for the said Districts; and,
Whereas, the Request for Proposal was prepared and advertised, proposals were received and
reviewed, and firms were interviewed and ranked in accordance with City Policies; 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.)
3 4
Page 1
Co/~a5 - N9
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 ofthe services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in ExhibitA, Paragraph 8; and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement.
The General Duties and the work and deliverables required in the Scope ofW ork and Schedule shall
be herein referred to as the "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 Wlderthis 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.
0". 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, unless a separate fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under similar conditions and in similar
locations.
Page 2
:J 5
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet with the approval of the City:
Statutory Worker's Compensation Insurance and EmployeF's Liability Insurance coverage in
the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same manner as members of the
general public ("Cross-liability Coverage").
Errors and Orrrissions 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 withoutatJeast thirty.(30}days written .notice to the Additional Insured-
(2)" Policy EndoriernentsRequired.
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. Secuntv for Performance.
(I) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond"), then
Consultant shall provide to the City a performance bond by a surety and in a form
Page 3
3 6
and amount satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the t=, "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 needior 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 subparagrsph
entitled "Other Security"), then Consultant shall provide to the City such other
security therein listed in a form and amount satisfactory to the Risk Manager or City
Attorney.
1. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the ChulaVistaMunicipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress ofthe
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives ofthis agreement. The City shall permit access to its office facilities, files ancfrecords
by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the
information, data, it=s 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.
Page 4
3 7
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly,
on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for
all services rendered by Consultant according to the terms and conditions set forth in Exhibit A,
Paragraph II, adjacent to the governing compensation relationship indicated by a "checkmark" next
to the appropriate arrangement, subj eet 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 partys contract administrator who is authorized by said party to represent them
in the routine administration of this agreement.
4. Tenn
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
...".
The provisions ofthissectioriapplyifaLiquidated Damages Rate is provided in ExhibitA,
Paragraph 14. '
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of the
time specified for the completion of the respective work assignment or Deliverable, the consultant
shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration ofthe specified time. Extensions oftime, when granted, will be based upon the effect of
Page 5
3 S
delays to the work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required Statement
of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or. participate in making or.in any way attempt to use Consultant's position to influence'. a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
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'Conflictindnterests
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 anFPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
ofan 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.
Page 6
3 9
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 subj ect 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 IS.
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 (includmg without limitation attorneys fees) arising out of or alleged by t.tilld parties to be
the result of the negligent acts, errors oromissions or the willful miscondnct of the Consultant, and.
Consultant's.employees, subcontractilrsor other persons, agencies or finns.forwhom Consultant is .'. .
legally responsijjle in collnectiOiJ with the execution ofthewOIK co~ by this Agreement, except
only for those claims, damages, liability, costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees.
Also covered is liability arising from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions of the City, its agents, officers, or employees which may
be in combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant
shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability, cost and expense (including without
limitation attorneys fees) except for those claims arising from the negligence or willful misconduct
of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
Page 7
S 10
liability incurred by the City, its officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall not
be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under
this Section shall survive the termination of this Agreement.
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 Agreementfor Convenience of City
>'..
City may terminate.this Agreement atanytime and for any reason, by givingspecificwritten-..
notice .to Consultant of suchterminii.tion 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.
Page 8
3 II
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 "P=itted Subconsultants".
12, Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics,
forms or other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and.Consultant shall perform as an independent
contractor with sole control of the manner and means ofperfonning the services required under this
Agreement. City maintains the rightonly 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, workers 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 h'arm1ess with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit oraroitration shall be:brougbt arising out of this agtceinent; against. the Cit)'unlessa
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 a judgment against the other for an amount equal to reasonable attorney's
fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
Page 9
3-12
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 Renresent 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 ExhibitA, Paragraph 16 is marked, the Consultant andlor their principals is/are
licensed with the State of'Califonlla or some, other state as. a ,licensed real'estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant,' nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to. this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served ifpersonally served or deposited in the United States
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. Capacitv 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. GoverningLawNenue
Page 10
3 I;J
This Agreement shall be governed by and construed in accordance with the laws ofthe 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 Couoty, 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 11
3 14
Signature Page
to
Agreement between City of Chula Vista and NBS Government Finance
Group, dba NBS
for Special District Apportionment, Delinquency Monitoring, Administration
and Other Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated: IJ- /J1cy, 2~..5
:~Qdc
'Stephen C. Padilla, Mayor
Attest:
,;;~ ~~4''';
Tsusan Bigelow, City Clerk.
Approved as to form:
~c.......'1.~~
Ann Moore, City.A!tomey .
Dated: 5- 3 ,2o~5
NBS Government Finance Group, dba NBS
By: cfi1J ~).
Mike Rentner, President and CEO
Exhibit List to Agreement
(X) Exhibit A.
Page12
3 15
Exhibit A
to
Agreement between
City of Chula Vista
and
NBS Government Finance Group, dba NBS
1. Effective Date of Agreement: Date last executed.
2. City-Related Entity:
(X) City of Chula Vista, a mwricipal chartered corporation of the State of California
() Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
() Industrial... Development Authority of the City of Chula Vista,. a
()
Other:
form]
, a [insert business
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 919lO
4. . Consultant: NBS Government Finance Group. dba.NBS. . .'
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) California S Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
41661 Enterprise Circle North, Suite 225
Temecula,CA 92590
Voice Phone (951) 296-1997
Fax Phone (951) 296-1998 .
Page 13
3 16
7. General Duties:
The Consultant shall provide Special District apportionment, delinquency monitoring,
administration and other services as requested by the City from July I, 2005 until June 30,
2008. The City Manager, at hislher sole discretion., may extend the agreement for two
consecutive one-year periods. The two additional one-year periods shall be on the same
terms and conditions. All services shall be in accordance with the City's covenants in the
Bond Indenture for each Assessment District and Community Facilities District.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The Consultant will be responsible for the following tasks:
i. Community Facilities Districts (CFDs) Administration
a. Expert Resource: Consultant shall act as the City's "expert resource," and shall
be available to answer questions and' advise the City on particular issues
involving the CFDs.
b. Data Collection: Consultant shall gather and review data pertinent to the
administration of the CFDs. Data will be obtained from various sources such as
assessor's parcel maps, building permits and County Assessor information as
determined to be necessary based on the requirements of the Rate and Method of
Apportionment for each CFD (hereinafter "Rate and Method of Apportionment").
Consultant will maintain and periodically update a database of all parcels within
the districts and relevant parcel information.
c. Administrative Cost Recovery: Consultant shall identifY all costs associated with
the administration of the.CFDs and recover those costs through the levy process
as outIinedin 953317(e) and 953340 of the Government Code of the. State of,
California. Such costs mayincIude, but are not limited to: bank fees, legal fees,
County tax collection fees, and all 'costs and expenses of the public agency and its,
consultants related to district administration.
d. Cash and Equivalents Analysis: Consultant shall determine the Cash and
Equivalents balance requirements, acquire the <;urrent Cash and Equivalents
balances and make recommendations to keep the flow offunds and fund balances
in compliance with the bond documents. Fund transfers might include the
transfer of available surplus funds to be used as levy credits or the transfer of
reserve funds to the redemption fund upon the prepayment of assessments. Cash
flow analysis will be perfonrted to determine any levy shortfall or surplus
collections.
e. Special Tax Requirement: Consultant shall calculate the annual Special Tax
Requirement (hereinafter "Special Tax" or "Special Taxes") that will include all
necessary components as outlined in the Rate and Method of Apportionment,
such as principal and interest due, administrative expenses, collection for direct
Page 14
3 17
financing of services or facilities, and a fimd credit or replenishment as
determined from analysis of the district fimds.
f. Levy Calculation: Consultant shall calculate the annual special tax levy for each
parcel within the CFDs following the guidelines established in the Rate and
Method of Apportionment.
g. Prior to June 30th of each year this Agreement is in effect, Consultant shall
provide the City with Special Tax for each district, and each billing category
within said district. Preceding submittal to the County, Consultant shall provide
the City a computer disk or other mutually agreed upon format, which will
include the district number, parcel number, and maximum Special Tax on each
parcel- in a format which will be acceptable to the City.
h. Meeting Attendance: Consultant shall attend any district-related City
CounciUBoard meeting related to district administration, as requested by the City.
i. Special Tax Levy Submittal: Consultant shall submit all Special Tax Levies to
the County Auditor Controller in the required format and medium (i.e. tape,
diskette). Special Tax Levies rejected by the County Auditor Controller will be
promptly researched and resubmitted for collection on the same County Tax Roll.
Any parcels that are not submitted to the County for collection will be invoiced
directly to the parcel owner, with payment submitted to the public agency.
j. Special Tax Levy Report: Consultant shall provide an annual Special Tax Levy
Report. This report will include a parcel listing with levy amounts and other
parcel information, the details of the annual Special Tax Requirement, current
delinquency information, fund analysis, administrative expenses to be recovered,
status of the project and current issues affecting the districts.
k. Delinquency Monitoring: Consultant shall provide a comprehensive list of
delinquencies after each special tax installment becomes due. The delinquency
report will provide the district's overall delinquency percentage as well as a
detailed list of each delinquent parcel, with the name and address of the
delinquent parcel owner, the delinquent amount and penalties.
L.' Backup SpeciaLTax: .Consultant shall calculate .a.Backup. otExtraordinary .
Special Tax and determirie if payment of the Backup or Extraordinary SpeCial' .
Tax is required for CFDs 97-3, 98-3,99-1,2000-1,2001-,2001-2 and other new
CFDs, as requested by the City. This shall be calculated using information
obtained from approved maps and building permits over the past year and
compared to the tables provided in the Rate and Method of Apportionment for
each CFD to determine if there is any loss in units orresidentia1 floor area. If the
Extraordinary Special Tax is required, Consultant shall provide a list ofparce1s
and amounts owed. For CFD 98-3, the Extraordinary Special Tax shall be
calculated and included in the billing in accordance with the Rate and Method of
Apportionment.
m. Prepayment Calculations: Consultant shall provide special tax prepayment
calculations to interested parties. The party requesting the calculation shall pay
the fee of any prepayment calculations.
Page 15
3 18
n. Bond Calls: Consultant shall prepare the spread of principal to be called within
maturities for all bond calls and coordinate the call with the Paying
Agent/Trustee.
o. Release of Liens: Consultant shall prepare and file all docwnents required to
release the liens of parcels that have prepaid the special tax or where the districts
has matured.
p. CDIAC Reporting: Consultant shall perform all necessary reporting to the
California Debt and Investment Advisory Commission as required by
953359.5(b) and 953359.5(c) of the Government Code of the State of California.
q. Notice of Special Tax Disclosure: Consultant shall provide Notice of Special Tax
Disclosure notices to requesting parties as required by 953340.2 and 953341.5 of
the Government Code of the State of California. The fee of any Notice of Special
Tax shall be billed to the party requesting the disclosure form.
r. Toll-Free Phone Number: Consultant will provide a toll-free phone number for
use by the City, other interested parties and all property owners. Consultant's
staff shall be available to answer questions regarding the districts and ongoing
collection of the special tax during normal business hours (Mon.-Fri. 8:00am to
5 :OOpm). Bilingual staff shaH beavailablefor Spanish-speaking property owners.'
s: Consultant Coordination: Consultant will provide all docwnentation and
information to other City consultants as necessary throughout the year.
ii. 1913 and 1915 Act Assessment District Administration Services
a. Expert Resource: First and foremost, Consultant shall act as the City's "expert
resource," and shall be available to answer questions and advise the City on
particular issues involving Assessment Districts.
b. Kick-Off Meeting, Project Schedule: Consultant shall meet with City staff, legal
counsel and other interested parties to:
. Establish lines of communication.
. ' " Clarify the specific project goals and criteria that will meet the CitJ"s
preference.
. IdentifY arid'resolve any special circumstances that may be invol ved
in the administration ofthe districts.
. Develop project schedules to meet legal requirements and provide for
effective interaction of all involved parties.
. Establish meeting dates consistent with schedule to achieve project
milestones.
c. Data Collection: Consultant shall gather and review data relevant to the
administration of the districts. Data shall be obtained from various sources,
including, but not limited to, City records, Assessor's parcel maps, and County
Assessor information. A database containing said information for each of the
Assessment Districts shall be created by Consultant.
d. Policy Review: Consultant shall review policies and procedures that have been
established by the Agency for compliance with governing documents and law.
These policies shall be incorporated into Consultant's service to the City.
Page 16
;:l 1 ~
-
-_._----~-----_.._.-
e. Cost Recovery: Consultant shall identify all costs associated with the
administration of the Assessment Districts and recover those costs through the
levy process as outlined in 98682 and 98682.1 of the California Streets and
Highways Code. These costs may include, but not be limited to
Registrar/TransferlPaying Agent fees, Arbitrage Rebate calculation fees, bank
fees, and expenses of the City and its consultants related to the administration of
the districts.
f. Fund Analysis: Consultant shall determine the balance requirements and acquire
the current cash balances for the districts. Consultant shall make
recommendations to ensure that the flow of funds and fund balances are in
compliance with bond documents. Cash flow analysis shall also be perfonned to
detennine any levy shortfall or surplus.
g. Annual Assessment Levy: Consultant shall calculate the annual assessment levy
for each parcel in each of the districts and submit the amount for each parcel to
the County in the format and medium (Le. tape, diskette) required by the County
Auditor-Controller.
h. Resubrnission or Rejects: Consultant shall research the status of any parcels
rejected by the County Auditor-'Controller, and resubmit corrected data for
collection on the same County Tax Roll. Anyparcels that are not accepted by the
County for collection shall be invoiced directly, with payment directed to the
City.
1. Maintain Assessment District Data: Consultant shall annually track all parcel
changes to ensure that all changes are documented. Historical parcel change and
assessment apportionment data shall be maintained by Consultant.
J. Annual Report: Consultant shall provide a comprehensive Annual Assessment
District Report that shows a detail listing of the amounts submitted to the levy or
directly billed for collectioll, details of delinquent assessments, fund analysis,
paid offparcels and releaseofliens, all bond call activity, and assessed valuation
information:
k.. Delinquency Monitoring: Consultantshallprovide,the.Citywitha comprehensive
list ofdeIiiJ.quelicies after eachinstalln1e1it becomes due. This report shall show
delinquency percentage as well as a detailed list of each delinquent parcel, with
the name and address of the delinquent parcel owner, the delinquent amount and
penalties.
1. Prepayment Calculation! Amortization Schedule: Consultant shall provide
assessment prepayment calculations and amortization schedules to interested
parties. The requester shall pay the cost of this service; however, there shall be
no charge to the City or property owners.
m. Bond Calls: Consultant shall prepare the spread of principal to be called within
maturities for all bond calls and coordinate the call with the Paying
Agent/Trustee.
n. Release of Liens: Consultant shall prepare and file all documents required to
release the liens of parcels that have prepaid the assessment.
o. Notice of Special Assessment: Consultant shall provide a ''Notice of Special
Assessment" disclosure notice to requesting parties required by 953754 of the
Page 17
3 20
Government Code of the State of California. The fee of any Notice of Special
Tax shall be paid by the party requesting the disclosure notice.
p. Toll-Free Phone Number: Consultant shall provide a toll-free phone number for
use by the City, other interested parties and all property owners. Consultant's
staff shall be available to answer questions regarding the formation and ongoing
collection of assessments for the districts during normal business hours (Mon.-
Fri. 8:00am to 5 :OOpm). Bilingual staff shall be available for Spanish-speaking
property owners.
q. County Assessor Reporting: Consultant shall work with the County Assessor to
aid in complying with the requirements of Revenue & Taxation Code Section
163. This includes providing data such as parcel number, original assessment
and current principal balance to the County Assessor.
r. Consultant Coordination: Consultant shall provide all documentation and
information to other City consultants as necessary throughout the year.
iii. Open Space District Tax Roll Billing
a. Expert Resource: First and foremost, Consultant shall act as the City's "expert
resource,". and shall be available to. answer questions and offer advice on
particular issues involving the Open Space Districts.
b. Kick-offMeeting: ConsUltant shall meet with City staff to discuss:
. Tax roll billing steps and appropriate timeline.
. Method of application of the assessment and the data required to
establish the proper procedure for levying the assessment.
. The process to follow for any appeals or disputes.
c. Data Gathering: Consultant shall gather and review data pertinent to the
calculation and billing of the Open Space District and app ly the formula, created
during district formation, to determine each parcel's assessment (hereinafter
"assessment formula").. Data shall be obtained from various sources, including,
but not limited to; the City; assessor parcel maps and. County Assessor
infOrmatiOD_ .
d. QuaIity.Contr'OI: Consi:lltantshalI perform cross-reference tests looking at the
various data sources, land use codes, and other pertinent information to ensure
the best and most accurate levy application.
e. Database Maintenance: Consultant shall maintain and periodically update a
database of all parcels within each district and relevant parcel information.
f. Levy Calculation: Consultant shall calculate the annual levy for each parcel
within the district following the guidelines established by the assessment
formula.
g. Prior to June 30th of each year this Agreement is in effect, Consultant shall
provide the City with assessment rates for each district, and each billing category
within said district. Preceding submittal to the County, Consultant shall provide
to the City a computer disk or other mutually agreed upon media, which includes
the district number, parcel number, and maximum assessment on each parcel in a
format acceptable to the City.
Page 18
:; 21
h. County Submittal: Consultant shall submit the levy to the County Auditor
Controller in the required electronic format. Levies rejected by the County
Auditor Controller shall be researched and resubmitted for collection on the same
County Tax Roll. Any parcels that are not submitted to the County for collection
shall be invoiced with payment to be directed to the City.
\. Reporting: Consultant shall provide an annual Open District Levy Report. The
report shall include a parcel listing with levy amounts. Parcel and levy data can
be provided via a CD ROM, diskette or electronic file.
J. Consultant Coordination: Consultant shall provide all documentation and
information to other City consultants as necessary throughout the year.
k. Toll-Free Phone Number: Consultant shall provide a toll-free phone number for
use by the City and property owners. Consultant staff shall be available to
answer questions regarding the formation and ongoing collection of assessments
for the districts during normal business hours (Mon.-Fri. 8:00am to 5:00pm).
Bilingual staff shall be available to assist Spanish-speaking property owners.
iv. Delinquency Management
a. DelinqueIlcy Reports: Consultant shall provide the City with an updated list of
delinquencies prior to sending any oftheletters listed in this subsection (8.A.iv.).
This report shall also detail each district's percentage of delinquencies, as well as
a detailed list of each delinquent parcel.
b. Reminder Letter: At the City's direction, send a reminder letter (the form of
which shall be approved by the City) to the property owner of each delinquent
parcel for the December 10th installment. The purpose of the letter is to inform
and educate the property owner oftbeir obligation to pay assessments.
c. Demand Letter: At the City's direction, send a demand letter (the form of which
shall be approved by the City) to the property owner of each delinquent parcel for
the April I Oth installment. This letter shall be mailed to any property owner who
remains delinquent for both installments or who is delinquent after April 10th
only.. The. purpose , of this letter, is'to further edUcate the, PWperty. owner and
advise them of potentia I foreclosure:' <
d. Foreclosure Letter: Upon authorization from the City, Consultant shall send a .
final twenty-one (21 )-day delinquency foreclosure letter to each delinquent
property owner via certified mail. This type ofletter is typically sent after the
installments for a parcel have been removed from the tax roll. The letter
delineates what amount must be paid directly to the City to forestall the turnover
of documents to the foreclosure attorney.
e. Tax Roll Removal: Consultant shall provide and file (if necessary) the
information required to remove parcels from the tax roll. Consultant shall work
with the County Auditor-Controller to verify the removaL This step is in
preparation of turning the parcels over for foreclosure. Once removed from the
tax roll, each property owner shall receive one final foreclosure letter indicating
the amount due and payment instruction.
f. At the City's discretion, Consultant may be order to offer payment plans to
property owners in lieu ofturning parcels over to the City's foreclosure counsel.
Page 19
j-:.!:.!
g. Subsequent Foreclosure Services: Once a decision to foreclose has been made by
City, Consultant shall prepare and deliver all information to tbe City's
foreclosure counsel. Consultant shall also continue to supply tbe City's counsel
with additional information throughout the foreclosure process. Consultant shall
continue to respond to property owner (unless ordered not to) and City staff
phone calls regarding tbe status of all cases, and shall coordinate and audit status
reports on a bi-monthly 1;lasis from the City's foreclosure counsel. For those
parcels sent to foreclosure, Consultant shall assist foreclosure counsel to initiate
and prosecute judicial foreclosure proceedings in compliance with bond
foreclosure covenants.
h. Toll-Free Phone Number: Consultant shall provide a toll-free phone number for
use by tbe City, other interested parties and all property owners. Consultant's
staff shall be available to answer questions regarding the formation and ongoing
collection of assessments/special taxes for the districts during normal business
hours (Mon.-Fri. 8:00am to 5:00pm). Bilingual staff shall be made available for
Spanish-speaking property owners.
1. Consultant Coordination:. Consultant shalL provide all documentation and
information to other City consultants as necessary throughout the year.
v. Bond Issue Continuing Disclosures
In accordance witb tbe Disclosure Certificate of a bond issue, Consultant shall assist
in compliance with the annual disclosure requirement of the SEC Continuing
Disclosure Rule 15c2-12. Specifically, Consultant shall perform tbe following:
a. Document Review: Consultant shall review pertinent documents related to the
bond issue, including the Official Statement and Disclosure Certificate.
Consultant shall identify material such as the Consolidated Annual Financial
Report and/or otber operating data that the City has agreed to provide in the
Disclosure Certificate.
b. Data Collection: Consultant shall collect the annual financial information and
operating data that the.City. has. agreed. to provide to.each Nationally
Recognized Municipal Securities fuformation Repository (NRMSIR)and the
appropriate State Information Depository (SID), if any.
c. Report Preparation: Consultant shall prepare the Annual Disclosure Report as
required in the Disclosure Certificate.
d. Annual Dissemination: Consultant shall disseminate the Annual Disclosure
Report to state and national repositories and post to our website to allow
public access free of charge.
e. Significant Events: Consultant shall prepare and disseminate a "Notice of
Significant Events", as listed on tbe Continuing Disclosure Certificate, to the
appropriate SID and to eitber each NRMSlR or tbe Municipal Securities
Rulemaking Board (MSRB). Consultant's actions pursuant to Ibis subsection
should commence upon notification by tbe City of tbe occurrence of any of tbe
events, if deemed by the City to be material. Typical significant events may
include:
. Principal and interest payment delinquencies
Page 20
3 23
. Non-payment related defaults
. Unscheduled draws on debt service reserves reflecting financial
difficulties
. Unscheduled draws on credit enhancements reflecting financial
difficulties
. Substitution of credit or liquidity providers, or their failure to
perform
. Adverse tax opinions or events affecting the tax-ex=pt status of
the security
. Modifications to the rights of security holders
. Bond calls
. Defeasances
. Release, substitution, or sale of property securing repayment ofthe
securities
. Rating changes
f. Consultant Coordination: Consultant shall provide all documentation and
infonnationto other City consultants as necessarytbroughout the year.
W. Apportionmen~
Consultant shall provide Special Districts apportionment services as delineated in
Section 8730 of the Streets and Highways Code. The Code states that when a
parcel ofland upon which there is an unpaid assessment divides, the original
assessment must be segregated and apportioned in accordance with the benefits to
the several parties of the original lot. The Consultant shall apportion the liens
among the newly created parcels as if such a subdivision had existed at the time
of the confirmation of the District and file documents to effectuate a segregation
with the County Tax Auditor after the City reviews and authorizes such.
Specifically, the Consultant shall perform the following:
a... Segregation: Consultantshall apportion the specialassessmentaccording.to'
themethod described. in.the. engineer's report:
b. Notice of Apportionment:Cbnsultant shall prepare a notice ofapportiomnent
and send it via certified mail to the issuing underwriter, as required.
c. Assessment Diagram: Consultant shall prepare an amended assessment
diagram and notice. The diagram and notice shall be filed and recorded with
the County Recorder.
d. Amortization Schedule: Consultant shall prepare an amortization schedule for
each newly created assessment type.
e. Apportionment Report: Consultant shall prepare and submit to the City an
Apportionment Report showing the finalized apportionment and the amended
assessment diagram.
f. Optional- Application Forms: If requested by the City, Consultant shall also
provide apportionment application forms and instructions to the City's
Engineering .representative for inclusion as a condition of approval for
subdivision within an assessment district.
Page 21
3 24
g. In the event proceedings are undertaken under Division 10, Part 10 of the
California Streets and Highways Code, the following additional items shall
be prepared:
. Resolutions. Consultant shall prepare the required City Council
resolutions to order the amended assessment, the amended assessment
diagram, notices to the property owner, and fix the amOlmt of costs to
perform the apportionment.
. Public Meetings. Consultant shall be available to attend any public
meetings required to complete the apportionment.
h. Consultant Coordination: Consultant shall provide all documentation and
information to other City consultants as necessary throughout the year.
vii. D-F AST@ Software Services
a. D-F AST Online: To complement the administration of the City's districts,
Consultant shall provide City staff, up to 10 usernames, access to D-F AST
Online. D-F AST@ isa state-of-the-art proprietary software program
specifically designed. for the administration, management, billing, and
tracking tasks of Special Tax Districts.
b. Web Interface: Consultant shall provide programming support to the City to
create an interface between the City'.s website and parcel data within D-F AST
for pub lie access.
vili Optionalhe~
If requested by the City, the following services shall be provided:
a Proposition 218 Compliance
. Consultant shall work with the City, as needed, given the
requirements of Proposition 218. Consultant understands that each
City has different requirements and resources to complete the
necessary.tasks'for the assessment balloting procedures. Therefore, ....
anindividually.tailoredapproa.cli to Proposition 218 Compliance may. .' .
b~ requireli
b. . District Closeout: Consultant shall administer the districts under the City's
. direction, taking into accOlmt the final-year maturity. Thereafter, Consultant
shall perform the following:
. Perform a complete analysis of all funds for each Assessment District
in accordance with Municipal Improvement Act 1913 and the
Improvement Act of 1915.
. Prepare a detailed Analysis Report for each district projecting revenue
and expenditures resulting in a surplus amount. Projected revenue
may include, but is not limited to, investment earnings and
assessment levies. Projected expenditures may include, but is not
limited to, debt service payments, arbitrage rebate payments,
administrative costs and project maintenance costs.
Page 22
3-25
o Determine if arbitrage rebate calculations have been performed and
funds have been cleared for disbursement by the City Finance
Department.
. Determine the best use of the surplus amount in accordance with
applicable laws.
o Prepare a Certificate of Proj eet Completion and Use of Funds for
Project Maintenance Letter, to be signed by the Public Works
Director.
o Prepare a City Council Resolution Declaring Surplus, Determining
Use and Approving the Analysis Report.
o Prepare documents and coordinate the advanced maturity of bonds as
required.
o Prepare a detailed report for the processing of refunds to property
owners by the City.
o Review procedures with legal counsel and City staff as required.
. Prepare a detailed delinquency report and consider the delinquencies
in the analysis of funds and refunds.
. Coordinate the implementation of a policy for the collection of
delinquencies and timeline for completion.
c. Processing of Bond Tenders (1915 Act Bonds and CFD Bonds)
. Expert Resource: First and foremost, Consultant shall act as the
City's "expert resource," and is available to answer questions and
advise the City on particular issues involving the use of Bond
Tenders.
o Kick-offMeeting. Consultant shall meet via telephone or in person
with City staff, legal counsel and other interested parties to discuss
details and implementation of a bond tender policy.
. Implementation of Bond Tender Policy. Consultant shall implement
the City's existing bond tender administrative. policy. If desired,'"
Consultant sbaIl review .and milke modifications. to. this existing" .
policy or develop and implement a new policy; As; this. requires
significant additional work, hourly rates shall apply.
. Primary Contact. Consultant shall serve as the primary and direct
contact for property owners, bondholders, and other interested parties.
Consultant shall provide instructions and guidelines on the bond
tender process.
. Letters of Intent to Tender. Consultant shall review and reply to
Letters of Intent to Tender with a formal Letter of Instructions to
Tender, and shall provide updates to the Letter of Instructions based
on amount change triggers.
. Facilitator of Bond Tenders. Consultant shall act as facilitator of bond
tenders, and shall provide the following:
I. Analysis of bond tendered and application ofbonds tendered
as payment of delinquencies, current year installments, and
prepayment of the future of the lien.
Page 23
3 .26
2. Provide documentation of the tender to property owners,
trustee, fiscal agent, paying agent, City/Agency and other
professionals.
3. Update of debt service schedules and mandatory sinking
fund schedules, as required.
4. Calculation and request payment of any amounts due in cash
in addition to the bonds tendered.
. Data Corrections: Consultant shall perform County Tax Roll
corrections, future annual levy, and future amortization (annual
levies) corrections resulting from the bond tender.
. Toll-Free Phone Number: Consultant shall provide a toll-freephone
number for use by the City, other interested parties and all property
owners during normal business hours (Mon.-Fri. 8:00am to
5:00pm).
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery ofDeliverables:
Deliverable No.1: Prior to June 30th of each year this Agreement is in effect,
Consultant shall provide the City with Assessment rates for each Community
Facilities, Assessment and Open Space.
Deliverable No.2: On August 1 st of each year, submit a computer disk of annual
assessments and/or collections to the County Auditor-Controller.
DeliVerable No:' 3: Otl'or before August'l Oth6f each year, final torrections.tothe
tax roll shall be submitted to the County Auditor-Controller.
Deliverable No.4: On or before October 15th of each year, submit to the City
three (3) copies and one (l) unbound copy of each final Special Tax District
report with corrected printouts and computer files.
Deliverable No.5: On September 30th of each year, submit to the City a copy of
each Amended Assessment Diagram.
Deliverable No.6: Within 10 business days after the effective or execution date of
this agreement (whichever is later), provide City staff with access to the D-
FAST@ Online, and. establish a timeline for creation of web interface.
D. Date for completion of all Consultant services:
Page 24
3 27
The date when all services assigned to the Consultant have been resolved, or upon
notification from City of contract termination
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Business Automobile Liability Insurance coverage: $1,000,000
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
A.' CopyofFinaI Special Tax Report for all Community Facilities Districts.
B. Copy of Final Official Statement, bond indenture, arbitrage certificate and other
docwnents as required for Commwrity Facilities Districts involving a bond issue.
C. Access to the City's computerized permit tracking system.
D. Copies of Site Development plans (for commercial and multiple family properties),
Final Maps which have been approved prior to March 1 st of the previous fiscal year,
and building permit information.
E. (After first fiscal year of formation) Copies of tax reapportionment forms completed
by City for parcels which have been segregated by the County during the previous
fiscal year.
F. Budget information.
G. List of Special Tax Districts the City would likecConsultant to ,administer for each
Fiscal Year. ; ,
H. CopyofFmal Eiigirieer's Report and Ffual Official StaternentforeachSpecial .
District.
1. ,Listing of parcels that have paid off their assessments (partially or fully) since the
districts were formed.
J. List of the bonds that have been' called for each Special District since the bonds were
issued. The list should inchide the amount of bonds called and their corresponding
Fiscal Year for each Special District.
K. List of parcels requiring apportionment services for each Assessment District for each
Fiscal Year.
L. Name and address of the underwriter or other original purchaser of the bonds for each
Special District.
M. A sample copy of the City-approved notice to underwriters or other original purchaser
of bonds.
N. A copy oflast year's database (in electronic format if available) and diagrams for each
Special District.
Page 25
3-25
11. Compensation:
A. () Single Fixed Fee Arrangement.
B. () Phased Fixed Fee Arrangement.
C. () Hourly Rate Arrangement
( ) Ho:urly rates may increase by 6% for services rendered after [month], 20
if delay in providing services is caused by City.
D. (X) Other:
For performance of the Defined Services by Consultant as herein required, City shall
pay according to the following schedules/rates:
· Annual Administration Services -The following fees are annual fees for the administration
of Special Districts.
A. Community Facilities Districts:
1. Bonded Districts $3.00 per parcel plus basefee of $2,000
2. Non Bonded Districts $1.50 per parcel plus base fee of$I,500
B. 1915 and 1913 Act Assessment Districts:
1. Districts with parcel counts up to 1,000
2. Districts with parcel counts over 1,000 and up to 3,000
3. Districts with parcel counts over 3,000 and up to 5,000
C. Open Space Districts:
1. Districts with parcel counts up to 500
2.' Districts with parcel counts over 500 and up to 1,000. .
3. Rancho Del Rey. and.Eastlake MaiiltenanceDistrict No. I .
$2,500
$3,500
$5,000
$750
$1,250'. .
Total. for both
$16,000
. Other Services - The following fees are the services rendered in support of the annual
administration of the districts.
A. Delinquency Management:
1. Annual Base Cost Per District No charge
2. Reminder Letters *$10
3. DemandLetters "$]5
4. Foreclosure Letters $30
5. Payment Plan Administration $150
6. Tax Roll Removal **$50
7. Subsequent Foreclosure Fees ***$75
Page 26
3 29
All fees are based on a per parcel/per district basis
* This fee will be recovered as part of the next levy.
.. This fee includes filing of "Notices of Intent to Remove Delinquent
Installments" but does not include County fees for removal from the
tax roll.
..* Thisfee is per parcel/per district/per year from the initiation of the
foreclosure.
Note: At the option ofthe City, Consultant will set up historical delinquency information into
software at our hourly rates or as negotiated on a per district basis.
. Continuing Disclosure: The Annual Report Fee is based on the complexity of the disclosure
requirements. Consultant will provide the services for the Special District bonds existing at
the date of this agreement for the fees as listed below. Additional issues may be added at
similar fees. This Fee typically ranges from a base of $1,000 and up.
A. Annual RepOrt Fee
1. Annual Report (per report)
B. SignificantEventNotification
C. Dissemination Services .
1. Report Dissemination (per recipient)
2. Significant Event Dissemination (per recipient)
D. Posting to CPO and Consultant website
$1,250
hourly
$25
$25
No charge
. Apportionments:
1. Annual Per District Method
$750 per district plus
$35 per parcel
Alternatively, at the City's discretion, Consultant shall provide apportionment
services as provided below:
Application Method DivisionJO, Part 10.5 of the Streets and Highways Code
L Apportionment Fee (4 parcels orless). $950.
2 A.. .. t.F. .(5.. 1) $1800
.. pporllonmen ee or more parce s (PI $35 1)
us per parce
$40
3. Recording Fee (each)
Hearing Method Division 10, Part 10 of the Streets and Highways Code
1. Resolutions
2. Meeting attendance
$300
Hourly, plus travel
. D-F AST Software Services:
1. D-F AST Online
2. Web Interface
Annual Fee $2,500 (Set Up fee waived)
Hourly (not to exceed $5,000 without written
amendment)
. Optional Services: At the discretion of the City, Consultant shall provide those services
related to annual use, increases, .closeouts, refunding, etc. Fees for those services will be
determined by the City and Consultant as fixed-fees (to be negotiated later) or at Consultant's
Page 27
3 3u
hourly rates. The City may choose which method (negotiated fixed-fee or hourly). The
hourly rates are as shown below.
Rate Schedule
Consultant Em 10 ee Title
Director
Engineer
Senior Consultant/Programmer
Consultant
Analyst
Clerical/Support
HourI Rate
$135
$125
$110
$85
$65
$45
Terms: The annual recurring base fees shall be billed during the year, at the beginning of
each quarter. Other fees shall be invoiced upon completion of the project. Payment shall be
made within 30 days of submittal of an invoice. Ifpayment is not received within ninety (90)
days, simple interest shall begin to accrue at the rate of 1.5% per month.: Cost of living
increases as measured by the Southern California Counties CPI will be applied each year,.
starting October 2006, to the services listed in this Paragraph (ll.D).
· The following fees are noted herein, and paid by others (not fees paid by City):
1. CFD Prepayment Calculations (per request)
(Fee based on complexity of calculations. Party requesting
calculations shall pay)
2. Notice of Special Tax (per notice)
(The fee of any Notice of Special Tax shall be billed to the party
requesting the disclosure form)
3. 1915 Act Prepayment Calculations (each)
(Party requesting calculations shall pay)
4. Notice of Special Assessment (per notice)
(The fee of any Notice of Assessment shall be billed to the party
requesting the disclosure form)
$150
$10
$35
$10
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.
( ) Reports
(X) Copies
(X) Travel
(X) Printing
(X) Postage
(X) Delivery
(X) Telephone Charges
not to exceed $
not to exceed $
not to exceed $ 1.000/year
not to exceed $
not to exceed $
not to exceed $ 250/vear
not to exceed $ l.OOO/vear
Cost or Rate
$
$ 0.1 O/page
$ actual cost
$ actual cost
$ actual cost
$ actual cost
$ actual cost
Page 28
3 31
(X) Other Actual Identifiable Direct Costs:
County Charges (for tapes,
maps, and recording fees) not to exceed $ 1.000/vear
not to exceed $
$ actual cost
$
13. Contract Administrators:
City: Tiffany Allen, Senior Management Analyst
Consultant: Tim Seufert, Managing Director
14. Liquidated Damages Rate:
( )$_perday.
( ) Other:
15: Statement of Economic Interests, ConSultant Reporting Categories, per Conflict of. .
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest inreal.property and sources of income'
subject to. the regulatory, permit orJicensing 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.
Page 29
3 32
( ) Category No. 7. Business positions.
(X) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. () Consultant is Real Estate Broker andlor Salesman
17. Permitted Subconsultants:
None
18. Bill Processing;
A. ( .) Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: See Section 11. Part D "Terms"
B. ( ) Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C.(X)Citis AccountNumber: Appropriate CFD. AD. and OS accounts..
19. Security forPerfrimiance
( ) Performance Bond
( ) Letter of Credit
( ) Other Security
Type:
$
$
$
() 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 occ.urred:
( ) Retention Percentage: _%
Page 30
g gg
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other.
Page 31
3-34
A TT ACHfIENT 2.
FIRST AMENDMENT TO
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA and
NBS GOVERNMENT FINANCE GROUP, dba NBS
RECITALS
WHEREAS, the City of Chula Vista C'City") and NBS Government Finance
Group, dba NBS C'Consultant") entered into an agreement dated May 10, 2005 where
Consultant agreed to assist the City with various tasks related to Assessment Districts,
Mello-Roos Community Facilities Districts, and Open Space Districts; and
WHEREAS, the City administers and maintains thirty-six Open Space Districts
and associated zones; and
WHEREAS, certain Open Space Districts are operating at a deficit level and
reserves have been exhausted and other District's reserves are below the Municipal Code
allowance because they have been subsidizing shortfalls and are proj ected to be
exhausted in the near future; and
WHEREAS, the City proposes to conduct a Proposition 218 ballot process to see
if there is support for increasing the allowable maximum assessment in these Districts;
NOW THEREFORE, the Agency and Consultant agree as follows:
AGREEMENT
1. Exhibit A, Section 8, Scope of Work and Schedule, Subsection A viii.a,
Detailed Scope of Work, Optional Items, Proposition 218 Compliance, is deleted in its
entirety and replaced with the following:
a Proposition 218 Compliance
J
1
G;;ao7- n-1
3-~5 d__
Consultant shall provide Proposition 218 Compliance services for the following
Open Space Districts:
OSD# District Name
3 Rancho Robinhood Units I & 2
7 Zenith Units 2, 3, 4
9 El Rancho Del Rey
20 Zn 2 Rice Canyon Trail Area
20 Zn 4 SPA I Phase 1 (Business Center)
20 Zn 7 SPA 3
23 Otay Rio Business Park
ELMO Zn A Eastlake I
ELMO Zn D Salt Creek I
Proiect Schedule. NBS will communicate with City staff, legal counsel and other
interested parties to:
· Establish lines of communication.
· Clarify the specific project goals, components and criteria that will meet City
preference.
· Identify and resolve any special circumstances that may be involved in the
update/administration of the districts.
· Develop project schedules to meet legal requirements and provide for
effective interfacing of all involved parties.
. Establish meeting points consistent with schedule to achieve project
milestones.
· Establish and coordinate with City staff a schedule to assure completion of
necessary actions and compliance with statutes.
Parcel Database. NBS will establish models and prepare a district parcel database
for assessor parcels as currently shown on the County assessor's rolls. The
database will include land divisions, ownership and mailing infonnation, and
parcel information relevant to the spread of the assessments.
Bud2et Develooment NBS will assist City staff in order to establish an annual
district budget for the projected costs of maintaining all future improvements.
Cost categories may include, but not be limited to, landscape and lighting
maintenance, capital improvement, incidental costs (engineering, legal, city
administration), operating reserves, capital improvement reserves, and
delinquency reserves.
A2encv Review. NBS will communicate with City staff to address issues
pertaining to costs, improvements, statute requirements and benefit received We
will provide analysis of proposed assessments, as well as contributions to be made
from the City to the districts. We will review mailed and published legal notices,
2
-- 3-36
establish dates for public meeting and public hearing, if required, verify
scheduling, City approach and district requirements, and other issues related to
the successful operation of the districts.
Preliminarv Emrineer's Report. NBS will prepare, submit and review with City
staff a Preliminary Engineer's Report, including description of improvements,
plans and specifications, cost estimate, assessment criteria and assessment roll.
Legal Notices and Ballots. NBS will prepare legal notices and ballots to be
mailed, as required, for compliance with the 1972 Act and Proposition 218.
Ballot Tabulation. NBS will tabulate the ballots returned and report the results
upon completion.
Meeting Attendance. NBS will attend two district-related Council meetings,
including the Public Meeting and the Public Hearing, as requested by the City.
Final Enwneer's Reoort NBS will prepare, submit and review with City staff a
Final Engineer's Report, including description of improvements, plans and
specifications, cost estimate, assessment criteria, assessment roll and diagram as
approved by the CounciL
Toll-Free Phone Number. NBS will provide a toll-free phone number for use by
the City and all property owners. Our staff will be available to answer questions
regarding the formation of the district and ongoing collection of assessments.
Exclusion. Assessment Diagram to be provided by the City. NBS will coordinate
with the Public Works Department and will provide guidance on its requirements
for formatting, titling and certifications.
2. Exhibit A, Section II, Compensation, Subsection D, Optional Services, is
amended by adding the following after the sentence ''The City may choose which method
(negotiated or fixed-fee or hourly).":
1972 Act Assessment Increase Services. 1972 Act Assessment Increase (all nine
districts/zones) = $57,190
Estimated Exnenses.
. Information mailer to property owners, single page tri-fold (including printing
and postage):
$l.OO/Parcel x 7,000 Parcels = $7,000.00
. Notice of Public Hearing and Protest Ballot (including printing and postage)
$1.50/Parcelli: 7,000 Parcels = $10,500.00
3
.- 3-37 -
· Notice of duplicate ballots to a single parcel, 3x5 card (including printing and
postage)
$0.50IParcel x 525 Parcels = $262.50
. Total Printing and mailing estimated expenses = $17,762.50
. All expenses not to exceed $20,000
All other terms of the Agreement as modified by this First Amendment to the Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the City and Consultant have executed this First
Amendment to the Agreement indicating that they have read and understood the
provisions of the First Amendment, and indicate their full and complete consent to its
terms.
Attest:
City of Chula Vista
~WlL~~}~
Susan Bigelow
By: al. O(l"j,
c~~~r
Approved as to form:
NBS Government Finance Group, dba NBS
'-i/.;.-- tt L ~
Ann Moore, City Attorney
By. ~ 0,e:~-
ke Reamer, President
Exhibit List to First Amendment:
(X) Agreement dated May 10, 2005
4
3-38
RESOLUTION NO. 2007-
RESOLUTION APPROVING THE SECOND
AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND NBS GOVERNMENT
FINANCE GROUP, DBA NBS, FOR SPECIAL TAX
CONSULTANT SERVICES FOR THE FORMATION OF
AN INFRASTRUCTURE FINANCING COMMUNITY
FACILITIES DISTRICT WITIIIN OTAY RANCH
VILLAGE TWO PURSUANT TO THE MELLO-ROOS
CO:MMUNITY FACILITIES ACT OF 1982, AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AMENDMENT.
WHEREAS, the City of Chula Vista and NBS Government Finance Group, dba NBS
(NBS) entered into an Agreement dated May 10,2005 where NBS agreed to assist the City
with various tasks related to Assessment Districts, Mello-Roos Community Facilities
Districts, and Open Space Districts; and
WHEREAS, on May 22, 2007, pursuant to Resolution No. 2007-124, the City
Council approved a First Amendment to the Agreement where NBS agreed to provide
Proposition 218 Compliance services for certain Open Space Districts; and
WHEREAS, the City is in urgent need for a special tax consultant to complete the
formation of an Infrastructure Financing Community Facilities District within Otay Ranch
Village Two; and
WHEREAS, staff recommends that the City waive the formal consultant selection
process because NBS has demonstrated an ability to work efficiently with the City on past
projects, possesses extensive knowledge and experience in the Community Facilities District
field, has a unique understanding of the development issues in the City of Chula Vista and
has proven its credibility with the bond market by providing support to successful bond
offerings, making it impractical to solicit proposals; and
WHEREAS, NBS can perform all aspects of the Infrastructure Financing Community
Facilities District formation process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista that it approves a Second Amendment to the Agreement between the City of Chula
Vista and NBS Government Finance Group, dba NBS for special tax consultant services for
the formation of an Infrastructure Financing Community Facilities District within Otay
Ranch Village Two and authorizes the Mayor to execute the Second Amendment.
3-39
Presented by
Approved as to form
Jack Griffin
Engineering and General Services Director
Ann Moore
City Attorney
H:\ENGINEER\RESOS\Resos2007\09-11-07\NBS 2nd Amendment revised by ec.DOC
3-40
ATTACHMENT .3
SECOND AMENDMENT TO
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA and
NBS GOVERNMENT FINANCE GROUP, dba NBS
RECITALS
WHEREAS, the City of Chula Vista ("City") and NBS Government Finance
Group, dba NBS ("Consultant") entered into an agreement dated May 10, 2005
("Agreement") where Consultant agreed to assist the City with various tasks related to
Assessment Districts, Mello- Roos Co=unity Facilities Districts, and Open Space
Districts; and
WHEREAS, on May 22, 2007, pursuant to Resolution No. 2007-124, the City
Council approved a First Amendment to the Agreement where Consultant agreed to
provide Proposition 218 Compliance services for certain Open Space Districts; and
WHEREAS, the City utilizes Community Facilities Districts ("CFDs") to provide
long-term fmancing for necessary infrastructure in newly developing areas of the City;
and
WHEREAS, Otay Project L. P. has submitted a request to the City to form an
infrastructure financing CFD within Otay Ranch Village Two; and
WHEREAS, Consultant is experienced in the formation ofCFDs.
NOW THEREFORE, the City and Consultant agree as follows:
AGREEMENT
1. Exhibit A, Section 7, General Duties, is amended to add the following:
Consultant shall oversee the establishment of a Co=unity Facility District for Otay
Ranch Village 2. Consultant shall develop and maintain concise work plans that identify
critical issues; establish lines of responsibilities; prepare and maintain detailed schedule
with milestones; co=unicate responsibilities to all parties; conduct meetings, as needed,
to maintain project's schedule; document project meetings and decisions including
agenda, action plans and minutes; and track project progress and issue status reports.
In addition, Consultant shall coordinate the work of the fmancing team; provide special
tax consultant services; prepare the Engineer's report or Special Tax Report; prepare the
acquisition/financing agreement; reco=end financial district boundaries; coordinate
with property owners within the proposed boundaries; form the financial district; assist
the City in the administration of the CFD; prepare tables, exhibits and analyses for the
bond sale; provide CFD audit services and Development Impact Fee ("DIF") audit
services related to CFD; review financing documents; and prepare staff reports and
I
3-41
Council agenda items. If requested by the City, Consultant shall process a change of
proceedings, which may include but is not limited to, annexation, cessation, or
modifications to approved documents.
2. Exhibit A, Section 8, Scope of Work and Schedule, Subsection A, Detailed
Scope of Work, is amended to add the following tasks:
Task 1 - Preliminary Analvsis:
a. Collect data to describe the parcels to be included in the CFD for Otay
Ranch Village Two. This information will be garnered from various City
of Chula Vista, developer or representative, consultants or any other
available resources.
b. Assist finance team in the describing CFD district, land uses, densities,
etc., as well as proposed facilities to be acquired. These will be prepared
based on the City of Chula Vista Policies and the Public Works and
Finance Department recommendations.
c. Act as the interface between the developers and the City for resolution of
issues including:
1. Facilities to be included in the District
11. DIF credits and Non-DIF improvements
iii. Timing of improvements (public vs. private)
IV. Assessment of the structure and content of the AcquisitionlFinance
Agreement ("AIF A")
v. Assessment of the structure and content of the Rate and Method of
Apportionment
d. Document issues, meetings, project progress and decisions, and report to
the City Engineer, as applicable. Facilitate district formation by
monitoring progress, acting as departmental liaison, arranging meetings
with staff, developers, engineers, and coordinating information between
the various parties.
Task 2 - District Resolution of Intention:
a. Prepare a CFD boundary map for Otay Ranch Village Two that illustrates
the proposed district boundaries, any zones or improvement areas, as
determined by the fmance team and the City.
2
3-42
b. Prepare a preliminary Rate and Method of Apportionment ("RMA") for
the district which illustrates the proposed land use, densities, rate of
assessment(s), methodology of the special tax assessment, back up tax
rate, and improvement area description and assessments. Prepare and
modify the definitions to be used, prepayment schedule and exempt
acreage calculation, and any other components required.
c. Identify and provide analysis for each of the improvement areas being
proposed, if any, TDIF obligations, square footages, special tax levy,
tables, and other supporting elements.
d. Develop the necessary spreadsheets and tables, including but not limited
to, those that illustrate the value to lien ratio, potential bond sizing, TDIF
tables, and 2% analysis.
e. Prepare the Council Agenda Statements ("CAS") necessary for the
intention offormation of the proposed district, as requested by the City, to
the satisfaction of the City Engineer. Consultant shall attend City Council
meeting(s) and be prepared to present information and answer questions
regarding the intention of formation of the district.
f. Assist the City and finance team in assuring that the CFD formation for
Otay Ranch Village Two is in compliance with the Mello-Roos
Community Facilities Act of 1982.
g. Identify issues that impact the project schedule. Once an issue is
identified, Consultant shall immediately propose an action plan or strategy
and communicate a solution to all responsible parties and follow through
on required actions.
h. Assist the finance team in developing and tracking the necessary
attachments required for the processing of the CAS. These include, but are
not limited to, spreadsheets, analysis tables, lists of eligible facilities,
housing prices, building permits, and property owners.
Task 3 - District Resolution of Formation:
a. Coordinate with the work of the financing team regarding the formation
documents, ballots and public hearing proceedings.
b. Prepare the CAS necessary for the formation of the proposed district, as
requested by the City, to the satisfaction of the City Engineer. Consultant
shall attend City Council meeting(s) and be prepared to present
information and answer questions regarding the district formation.
3
3-43
c. Prepare the "Special Tax Report" for the district and provide as an
attachment.
d. Record the boundary map and other exhibits as directed by the City or
necessary for the processing of the formation documents.
e. Assist the [mance team in the preparation of the required ballots, gamer
signatures, attend the election, develop the property owner letter, and
implement the procedures. Consultant shall coordinate with the City
Clerk's office in the ballot procedures, election and certificates.
f. Prepare tables and other information required by the bond counsel and the
Underwriter for inclusion in the disclosure documents.
Task 4 - District Bond Sale Al!:reements and Acquisition /Financinl!:
Al!:reement:
a. Prepare the Bond documents and CAS for the proposed bond sale, as
requested by the City, to the satisfaction of the City Engineer. Consultant
shall attend City Council meeting(s) and be prepared to present
information and answer questions regarding the proposed bond sale and
the associated agreements.
b. Prepare the necessary attachments for the CAS and coordinate with the
finance team regarding required elements, including but not limited to,
preliminary official statement, market absorption, appraisal, bond
indenture, disclosure statements, and certificates.
c. Adjust, as necessary, the bond sizing and impacts to the value to lien ratio.
If necessary, coordinate with the developer to obtain a letter of waiver to
the City's Policies.
d. File a Notice of Special Tax Lien with the County.
e. Prepare tables and other information required by the bond counsel and the
Underwriter for inclusion in the Acquisition /Financing Agreement.
f. Prepare a DIF analysis for the district including a detailed cost estimate,
comparison of facility cost versus total fee obligation of the district and a
spread ofDIF credits broken down by planning area.
3. Exhibit A, Section 8, Scope of Work and Schedule, Subsection C, Dates or
Time Limits for Delivery of Deliverables, is amended to add the following:
Deliverable No.1: Consultant shall complete the Preliminary Analysis
including a summary of all data collected and facilities/cost information
4
3-44
from Task 1. Consultant shall submit the required CFD documents as
described within Task 2 for the Resolution of Intention ("ROP'), including
the full description of the district's facilities, improvement areas or zones,
facilities cost estimate, the proposed RMA, the annual maximum special
tax rates and backup tax calculations. Consultant shall prepare the
appropriate CASs for the intention to form the District. All tasks for
Deliverable No.1 shall be completed by the Consultant 21 days prior to
the date scheduled for the Resolution of Intention to be heard by the Chula
Vista City Council.
Deliverable No.2: Consultant shall submit the required CFD documents
as described within Task 3 for the Resolution of Formation ("ROF"),
including determining the registered voter status, and prepare council
agenda statement for the formation. Consultant shall prepare the final
"Special Tax Report", the special tax ballot and prepare and assist in the
advertising of the notice of public hearing. All tasks for Deliverable No.2
shall be completed by the Consultant 21 days prior to the date scheduled
for the Resolution of Formation to be heard by the Chula Vista City
Council.
Deliverable No.3: Consultant shall submit the required CFD documents
as described within Task 4 for an initial bond sale. Consultant shall
prepare the Acquisition/Financing Agreement, including tables for
inclusion in the Preliminary Official Statement, and other bond documents
as requested by the City and/or the developer. All tasks for Deliverable
No.3 shall be completed prior to the initial Bond Sale.
Deliverable No.4: Consultant shall submit the required CFD documents
as described within Task 4 for a second bond sale. Consultant shall
prepare the AcquisitionlFinancing Agreement, including tables for
inclusion in the Preliminary Official Statement, and other bond documents
as requested by the City and/or the developer. All tasks for Deliverable
No.4 shall be completed prior to the second Bond Sale.
4. Exhibit A, Section 11, Compensation, is amended to add the following:
Consultant shall be paid on an hourly rate according to the following table:
. TITLE . ..HOUro.,YRATE
.. .. . ..
Director $190
Senior ConsultantJProgrammer $150
Engineer $140
Consultant $130
Analyst $100
5
3-45
TITLE HOlfJRLY RATE
ClericaVSupport $55
Expert Witness As approved by the City
When Consultant has incurred time and materials equal to $45,000 ("Authorization
Limit"), Consultant shall not be entitled to any additional compensation without further
authorization issued in writing and approved by the City Council. Nothing in this Second
Amendment shall preclude Consultant from providing additional services at Consultant's
own expense.
5. Exhibit A, Section 18, Bill Processing, is amended to add the following:
Consultant shall submit one invoice upon the approval of the Special Tax Report, and one
invoice upon the conclusion of the Special Election.
All other terms of the Agreement as modified by the First Amendment to the Agreement
shall remain in full force and effect.
(End of page; next page is signature page.)
6
3-46
Signature Page To
Second Amendment to
Agreement between
Tbe City of Chula Vista and
NBS Government Finance Group, dba NBS
IN WITNESS WHEREOF, the City and Consultant have executed this Second
Amendment to the Agreement indicating that they have read and understood the
provisions of the Second Amendment, and indicate their full and complete consent to its
terms.
Dated:
City ofChula Vista
By:
Cheryl Cox, Mayor
Dated:
NBS Government Finance Group, dba NBS
By:
Mike Rentner, President and CEO
Attest:
By:
Susan Bigelow, City Clerk
Approved as to form:
By:
Ann Moore, City Attorney
Exhibit List to Second Amendment:
(X) Agreement dated May 10, 2005
(X) First Amendment to Agreement
J:lAltomeyIEUSA\AGREEMENTS\NBS Second Amendment CFD Village 2_08-31.{l7.doc
7
3-47
RESOLUTION NO. 2007-
RESOLUTION APPROVING THE SECOND
AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND NBS GOVERNMENT
FINANCE GROUP, DBA NBS, FOR SPECIAL TAX
CONSULTANT SERVICES FOR THE FORMATION OF
AN INFRASTRUCTURE FINANCING COMMUNITY
FACILITIES DISTRICT WITHIN OTAY RANCH
VILLAGE TWO PURSUANT TO THE MELLO-ROOS
COMMUNITY FACILITIES ACT OF 1982, AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AMENDMENT.
WHEREAS, the City of Chula Vista and NBS Government Finance Group, dba NBS
(NBS) entered into an Agreement dated May 10, 2005 where NBS agreed to assist the City
with various tasks related to Assessment Districts, Mello-Roos Community Facilities
Districts, and Open Space Districts; and
WHEREAS, on May 22, 2007, pursuant to Resolution No. 2007-124, the City
Council approved a First Amendment to the Agreement where NBS agreed to provide
Proposition 218 Compliance services for certain Open Space Districts; and
WHEREAS, the City is in urgent need for a special tax consultant to complete the
fonnation of an Infrastmcture Financing Community Facilities District within Otay Ranch
Village Two; and
WHEREAS, staff recommends that the City waive the formal consultant selection
process because NBS has demonstrated an ability to work efficiently with the City on past
projects, possesses extensive knowledge and experience in the Community Facilities District
field, has a unique understanding of the development issues in the City of Chula Vista and
has proven its credibility with the bond market by providing support to successful bond
offerings, making it impractical to solicit proposals; and
WHEREAS, NBS can perform all aspects of the Infrastmcture Financing Community
Facilities District formation process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula
Vista that it approves a Second Amendment to the Agreement between the City of Chula
Vista and NBS Government Finance Group, dba NBS for special tax consultant services for
the fonnation of an Infrastructure Financing Community Facilities District within Otay
Ranch Village Two and authOlizes the Mayor to execute the Second Amendment.
3-48
Presented by
Scott Tulloch
City Engineer
Approved as to form
,~1
. :f~~
Ann Moore
City Attorney
H:\ENGINEER\RESOS\Resos2007\09-1 I-07\NBS 2nd Amendment revised by ec.DOC
3-49
{)~A-~ f---
(j
1HE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
v~d-L~~
Ann Moore t
City Attorney
Dated:
1/I{/u1
t t..
Second Amendment
To Agreement between
The City of Chula Vista
and
NBS Government Finance Group, dba NBS
3-50
SECOND AMENDMENT TO
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA and
NBS GOVERNMENT FINANCE GROUP, dba NBS
RECITALS
WHEREAS, the City of Chula Vista ("City") and NBS Government Finance
Group, dba NBS ("Consultant") entered into an agreement dated May 10, 2005
("Agreement") where Consultant agreed to assist the City with various tasks related to
Assessment Districts, Mello-Roos Community Facilities Districts, and Open Space
Districts; and
WHEREAS, on May 22, 2007, pursuant to Resolution No. 2007-124, the City
Council approved a First Amendment to the Agreement where Consultant agreed to
provide Proposition 218 Compliance services for certain Open Space Districts; and
WHEREAS, the City utilizes Community Facilities Districts ("CFDs") to provide
long-term fmancing for necessary infrastructure in newly developing areas of the City;
and
WHEREAS, Otay Project L. P. has submitted a request to the City to form an
infrastructure financing CFD within Otay Ranch Village Two; and
WHEREAS, Consultant is experienced in the formation of CFDs.
NOW THEREFORE, the City and Consultant agree as follows:
AGREEMENT
I. Exhibit A, Section 7, General Duties, is amended to add the following:
Consultant shall oversee the establishment of a Community Facility District for Otay
Ranch Village 2. Consultant shall develop and maintain concise work plans that identify
critical issues; establish lines of responsibilities; prepare and maintain detailed schedule
with milestones; communicate responsibilities to all parties; conduct meetings, as needed,
to maintain project's schedule; document project meetings and decisions including
agenda, action plans and minutes; and track project progress and issue status reports.
In addition, Consultant shall coordinate the work of the fmancing team;. provide special
tax consultant services; prepare the Engineer's report or Special Tax Report; prepare the
acquisitionlfmancing agreement; recommend financial district boundaries; coordinate
with property owners within the proposed boundaries; form the fmancial district; assist
the City in the administration of the CFD; prepare tables, exhibits and analyses for the
bond sale; provide CFD audit services and Development Impact Fee ("DIP") audit
services related to CFD; review fmancing documents; and prepare staff reports and
1
3-51
Council agenda items. If requested by the City, Consultant shall process a change of
proceedings, which may include but is not limited to, annexation, cessation, or
modifications to approved documents.
2. Exhibit A, Section 8, Scope of Work and Schedule, Subsection A, Detailed
Scope of Work, is amended to add the following tasks:
Task 1 - Preliminary Analvsis:
a. Collect data to describe the parcels to be included in the CFD for Otay
Ranch Village Two. This information will be garnered from various City
of Chula Vista, developer or representative, consultants or any other
available resources.
b. Assist fmance team in the describing CFD district, land uses, densities,
etc., as well as proposed facilities to be acquired. These will be prepared
based on the City of Chula Vista Policies and the Public Works and
Finance Department recommendations.
c. Act as the interface between the developers and the City for resolution of
issues including:
1. Facilities to be included in the District
I!. DlF credits and Non-DlF improvements
iii. Timing of improvements (public vs. private)
IV. Assessment of the structure and content of the Acquisition/Finance
Agreement CAlF A")
v. Assessment of the structure and content of the Rate and Method of
Apportionment
d. Document issues, meetings, project progress and decisions, and report to
the City Engineer, as applicable. Facilitate district formation by
monitoring progress, acting as departmental liaison, arranging meetings
with staff, developers, engineers, and coordinating information between
the various parties.
Task 2 - District Resolution of Intention:
a. Prepare a CFD boundary map for Otay Ranch Village Two that illustrates
the proposed district boundaries, any zones or improvement areas, as
determined by the fmance team and the City.
2
3-52
b. Prepare a preliminary Rate and Method of Apportionment ("RMA") for
the district which illustrates the proposed land use, densities, rate of
assessment(s), methodology of the special tax assessment, back up tax
rate, and improvement area description and assessments. Prepare and
modify the defInitions to be used, prepayment schedule and exempt
acreage calculation, and any other components required.
c. Identify and provide analysis for each of the improvement areas being
proposed, if any, TDIF obligations, square footages, special tax levy,
tables, and other supporting elements.
d. Develop the necessary spreadsheets and tables, including but not limited
to, those that illustrate the value to lien ratio, potential bond sizing, TDIF
tables, and 2% analysis.
e. Prepare the Council Agenda Statements ("CAS") necessary for the
intention of formation of the proposed district, as requested by the City, to
the satisfaction of the City Engineer. Consultant shall attend City Council
meeting(s) and be prepared to present information and answer questions
regarding the intention of formation of the district.
f. Assist the City and fmance team in assuring that the CFD formation for
Otay Ranch Village Two is in compliance with the Mello-Roos
Community Facilities Act of 1982.
g. Identify issues that impact the project schedule. Once an issue is
identifIed, Consultant shall immediately propose an action plan or strategy
and communicate a solution to all responsible parties and follow through
on required actions.
h. Assist the fmance team in developing and tracking the necessary
attachments required for the processing of the CAS. These include, but are
not limited to, spreadsheets, analysis tables, lists of eligible facilities,
housing prices, building permits, and property owners.
Task 3 - District Resolution of Formation:
a. Coordinate with the work of the fmancing team regarding the formation
documents, ballots and public hearing proceedings.
b. Prepare the CAS necessary for the formation of the proposed district, as
requested by the City, to the satisfaction of the City Engineer. Consultant
shall attend City Council meeting(s) and be prepared to present
information and answer questions regarding the district formation.
3
3-53
c. Prepare the "Special Tax Report" for the district and provide as an
attachment.
d. Record the boundary map and other exhibits as directed by the City or
necessary for the processing of the formation documents.
e. Assist the finance team in the preparation of the required ballots, garner
signatures, attend the election, develop the property owner letter, and
implement the procedures. Consultant shall coordinate with the City
Clerk's office in the ballot procedures, election and certificates.
f. Prepare tables and other information required by the bond counsel and the
Underwriter for inclusion in the disclosure documents.
Task 4 - District Bond Sale Aueements and ACQuisition /Finaucine:
Ae:reement:
a. Prepare the Bond documents and CAS for the proposed bond sale, as
requested by the City, to the satisfaction of the City Engineer. Consultant
shall attend City Council meeting(s) and be prepared to present
information and answer questions regarding the proposed bond sale and
the associated agreements.
b. Prepare the necessary attachments for the CAS and coordinate with the
finance team regarding required elements, including but not limited to,
preliminary official statement, market absorption, appraisal, bond
indenture, disclosure statements, and certificates.
c. Adjust, as necessary, the bond sizing and impacts to the value to lien ratio.
If necessary, coordinate with the developer to obtain a letter of waiver to
the City's Policies.
d. File a Notice of Special Tax Lien with the County.
e. Prepare tables and other information required by the bond counsel and the
Underwriter for inclusion in the Acquisition /Financing Agreement.
f. Prepare a DIF analysis for the district including a detailed cost estimate,
comparison of facility cost versus total fee obligation of the district and a
spread of DIF credits broken down by planning area.
3. Exhibit A, Section 8, Scope of Work and Schedule, Subsection C, Dates or
Time Limits for Delivery of Deliver ables, is amended to add the following:
Deliverable No. I: Consultant shall complete the Preliminary Analysis
including a summary of all data collected and facilities/cost information
4
3-54
from Task 1. Consultant shall submit the required CFD documents as
described within Task 2 for the Resolution of Intention ("ROf'), including
the full description of the district's facilities, improvement areas or zones,
facilities cost estimate, the proposed RMA, the annual maximum special
tax rates and backup tax calculations. Consultant shall prepare the
appropriate CASs for the intention to form the District. All tasks for
Deliverable No.1 shall be completed by the Consultant 21 days prior to
the date scheduled for the Resolution of Intention to be heard by the Chula
Vista City Council.
Deliverable No.2: Consultant shall submit the required CFD documents
as described within Task 3 for the Resolution of Formation ("ROF"),
including determining the registered voter status, and prepare council
agenda statement for the formation. Consultant shall prepare the fmal
"Special Tax Report", the special ta.,'{ ballot and prepare and assist in the
advertising of the notice of public hearing. All tasks for Deliverable No.2
shall be completed by the Consultant 21 days prior to the date scheduled
for the Resolution of Formation to be heard by the Chula Vista City
Council.
Deliverable No.3: Consultant shall submit the required CFD documents
as described within Task 4 for an initial bond sale. Consultant shall
prepare the AcquisitionlFinancing Agreement, including tables for
inclusion in the Preliminary Official Statement, and other bond documents
as requested by the City and/or the developer. All tasks for Deliverable
No.3 shall be completed prior to the initial Bond Sale.
Deliverable No.4: Consultant shall submit the required CFD documents
as described within Task 4 for a second bond sale. Consultant shall
prepare the AcquisitionlFinancing Agreement, including tables for
inclusion in the Preliminary Official Statement, and other bond documents
as requested by the City and/or the developer. All tasks for Deliverable
No.4 shall be completed prior to the second Bond Sale.
4. Exhibit A, Section 11, Compensation, is amended to add the following:
Consultant shall be paid on an hourly rate according to the following table:
. TITLE HOURLY RATE
Director $190
Senior Consultant/Programmer $150
Engineer $140
Consultant $130
Analyst $100
5
3-55
. . . TITLE . . HOURLY RATE
Clerical/Support $55
Expert Witness As approved by the City
When Consultant has incurred time and materials equal to $45,000 ("Authorization
Limit"), Consultant shall not be entitled to any additional compensation without further
authorization issued in writing and approved by the City Council. Nothing in this Second
Amendment shall preclude Consultant from providing additional services at Consultant's
own expense.
5. Exhibit A, Section 18, Bill Processing, is amended to add the following:
Consultant shall submit one invoice upon the approval of the Special Tax Report, and one
invoice upon the conclusion of the Special Election.
All other terms of the Agreement as modified by the First Amendment to the Agreement
shall remain in full force and effect.
(End of page; next page is signatnre page.)
6
3-56
Signature Page To
Second Amendment to
Agreement between
The City of Chula Vista and
NBS Government Finance Group, dba NBS
IN WITNESS WHEREOF, the City and Consultant have executed this Second
Amendment to the Agreement indicating that they have read and understood the
provisions of the Second Amendment, and indicate their full and complete consent to its
terms.
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Dated:
NBS Government Finance Group, dba NBS
By:~JV ~)
Mike Rentner, President and CEO
Attest:
By:
Susan Bigelow, City Clerk
Approved as to form:
By:
Ann Moore, City Attorney
Exhibit List to Second Amendment:
(X) Agreement dated May 10, 2005
(X) First Amendment to Agreement
I;\AttomeylELISA\AGREEMENTS\NBS Second Amendm=nt CRl Village 2_08-31-07.doc
7
3-57
FIRST AMENDMENT TO
AGREEMENT BE1WEEN
THE CITY OF CHULA VISTA and
NBS GOVERNMENT FINANCE GROUP, dba NBS
RECITALS
WHEREAS, 1he City of Chula Vista ~'City") and NBS Government Finance
Group, dba NBS ("Consultant") entered into an agreement dated May 10, 2005 where
Consultant agreed to assist 1he City wi1h various tasks related to Assessment Districts,
Mello-Roos Community Facilities Districts, and Open Space Districts; and
WHEREAS, the City administers and maintains thirty-six Open Space Districts
and associated zones; and .
WHEREAS, certain Open Space Districts are operating at a deficit level and
reserves have been exhausted and .01her District's reserves are below the Municipal Code
allowance because they have been subsidizing shortfalls and are projected to be
exhausted in the near future; and
WHEREAS, the City proposes to conduct a Proposition 218 ballot process to see
ifthere is support for increasing the allowable maximum assessment in these Districts;
NOW THEREFORE, the Agency and Consultant agree as follows:
AGREEMENT
1. Exhibit A, Section 8, Scope of WOIX ahd Schedule, Subsection A. viii.a,
Detailed Scope of Work, Optional Items, Proposition 218 Compliance, is deleted in its
entirety and replaced with the following:
a Proposition 218 Compliance
J
3-58
Q;rco7- n..1
Consultant shall provide Proposition 218 Compliance services for the following
Open Space Districts:
OSD# District Name
3 Rancho Robinhood Units 1 & 2
7 Zenith Units 2, 3, 4
9 EI Rancho Del Rey
20Zn 2 Rice Canyon Trail Area
20 Zn 4 SPA I Phase 1 (Business Center)
20 Zn 7 SPA 3
23 Otay Rio Business Park
ELMD Zn A EastIake I
ELMD Zn D Salt Creek I
Proiect Schedule. NBS will communicate with City staff, legal counsel and other
interested parties to:
· Establish lines of communication.
· Clarify the specific project goals, components and criteria that will meet City
preference.
· Identify and resolve any special circumstances that may be involved in the
update/administration of the districts.
· Develop project schedules to meet legal requirements and provide for
effective interfacing of all involved parties.
. Establish meeting points consistent with schedule to achieve project
mil estones.
· Establish and coordinate with City staff a schedule to assure completion of
necessary actions and compliance with statutes.
Parcel D"t"hase. NBS will establish models and prepare a distri ct parcel database
for assessor parcels as currently shown on the County assessor's rolls. The
database will include land divisions, ownership and mailing information, and
parcel information relevant to the spread of the assessments.
BudlZet Develoument. NBS will assist City staff in order to establish an annual
district budget for the projected costs of maintaining all future improvements.
Cost categories may include, but not be limited to, landscape and lighting
maintenance, capital improvement, incidental costs (engineering, legal, city
administration), operating reserves, capital improvement reserves, and
delinquency reserves.
AI>encv Review. NBS will communicate with City staff to address issues
pertaining to costs, improvements, statute requirements and benefit received. We
will provide analysis of proposed assessments, as well as contn'butions to be made
from the City to the districts. We will review mailed and published legal notices,
3-59
establish dates for public meeting and public hearing, if required, verify
scheduling, City approach and district requirements, and other issues related to
the successful operation of the districts.
Preliminarv En!!ineer's Renort. NBS will prepare, submit and review with City
staff a Preliminary Engineer's Report, including description of improvements,
plans and specifications, cost estimate, assessment criteria and assessment roll.
Lel!al Notices and Ballots. NBS will prepare legal notices and ballots to be
mailed, as required, for compliance with the 1972 Act and Proposition 218.
Ballot Tabulation. NBS will tabulate the ballots returned and report the results
upon completion. .
Meetinll: Attendance. NBS will attend two district.related COWlcil meetings,
including the Public Meeting and the Public Hearing, as requested by the City.
Final Enllineer's Reoort NBS will prepare, submit and review with City staff a
Final Engineer's Report, including description of improvements, plans and
specifications, cost estimate, assessment criteria, assessment roll and diagram as
approved by the COWlcil.
Toll-Free Phone Number. NBS will provide a toll-free phone number for use by
the City and all property owners. Our staff will be available to answer questions
regarding the formation of the district and ongoing collection of assessments.
Exclusion. Assessment Diagram to be provided by the City. NBS will coordinate
with the Public Works Department and will provide guidance on its requirements
for formatting, titling and certifications.
2. Exhibit A, Section 11, Compensation, Subsection D, Optional Services, is
amended by adding the following after the sentence ''The City may cboose which method
(negotiated or fixed.fee or hourly).":
1972 Act Assessment Increase Services. 1972 Act Assessment Increase (all nine
districts/zones) = $57,190
Estimated Exoenses.
. Information mailer to property owners, single page tri.fold (including printing
and postage):
$l.OOlParcel x 7,000 Parcels = $7,000.00
. Notice of Public Hearing and Protest Ballot (including printing and postage)
$1.50IParcel x 7,000 Parcels = $10,500.00
3-60
. Notice of duplicate ballots to a single parcel, 3x5 card (including printing and
postage)
$0.50IParcel x 525 Parcels = $262.50
. Total Printing and mailing estimated expenses = $17,762.50
. All expenses not to exceed $20,000
All other terms of the Agreement as modified by this First Amendment to the Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the City and Consultant have executed this First
Amendment to the Agreement indicating that they have read and understood the
provisions of the First Amendment, and indicate their full and complete consent to its
terms.
Attest:
City of Chula Vista
~W~A~~}~
Susan Bigelow
By: ~
Cheryl , or
Approved as to form:
NBS Government Finance Group, dba NBS
--!~tt hL~
Ann Moore, City Attorney
By: ~ ~p~~-
ke Rentner, President
Exhibit List to First Amendment:
(X) Agreement dated May 10, 2005
3-61
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
NBS Government Finance Group, dba NBS
for Special District Apportionment, Delinquency Monitoring, Administration
and Other Services
This agreement (" Agreement"), dated dfs OJ .I /J ~ <;/ for the purposes of reference
only, and effective as of the date last executed unl ss 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"l, whose business fom1 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
\Vhereas, the City has formed Assessment Districts to provide ftmding for benefiting
properties and infrastructure under the Municipal Improvement Acts 1913 and 1915; and,
Whereas, the City has formed, or is in the process of forming, Mello-Roos Community
Facilities Districts to provide fundlng for the construction ofinfrastructure or for the maintenance of
open space areas in accordance with the Community Facilities Act of 1982; and,
Whereas, the City has formed twenty-four Open Space Districts to provide funding for
perpetual maintenance of common open space areas; and,
Whereas, Section 8730 of the Streets and Highways Code requires that when a parcel oflmd
upon which there is an unpaid assessment divides, the original assessment must be segregated and
apportioned in accordance with the benefits to the several parts of the original list; and,
Whereas, the City requires a consultant for the performance of apportionment, delinquency
monitoring, administration md other services for the said Districts; and,
Whereas, the Request for Proposal was prepared and advertised, proposals were received and
reviewed, and firms were interviewed and ranked in accordance with City Policies; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
marmer 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,)
3-62
~
Page 1
:r- 11,0
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
I. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time 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, unless a separate fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under similar conditions and in similar
locations.
3-63
Page 2
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet wi th the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in
the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same manner as members of the
general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates o I' Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates
of Insurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the Risk Manager.
H. Securitv for Performance.
(I) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond"), then
Consultant shall provide to the City a performance bond by a surety and in a forrn
3-64
Page 3
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
immediatel y 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 ofthe terms ofthis 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.
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
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives ofthis 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.
3-65
Page 4
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly,
on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for
all services rendered by Consultant according to the terms and conditions set forth in Exhibit A,
Paragraph II, adjacent to the governing compensation relationship indicated by a "checkmark" next
to the appropriate arrangement, 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.
4. Term
This Agreement shall terminate when the Parties have complied with all executory provisions
hereo f.
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 performance.
The parties have used their judgment to anive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of the
time specified for the completion of the respective work assignment or Deliverable, the consultant
shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions oftime, when granted, will be based upon the effect of
3-66
Page 5
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 repon economic interests to the City Clerk on the required Statement
of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
o t. 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.
3-67
Page 6
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subject matter of the
Defined Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subj ect matter ofthe Defined Services, ("Prohibited Interest"), other than
as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except
with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
thi rd 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 or alleged by third parties to be
the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legal1y responsible in connection with the execution of the work covered by this Agreement, except
only for those claims, damages, liability, costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees.
Also covered is liability arising from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions ofthe City, its agents, officers, or employees which may
be in combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant
shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability, cost and expense (including without
limitation attorneys fees) except for those claims arising from the negligence or willful misconduct
of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
3-68
Page 7
liability incurred by the City, its officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall not
be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under
this Section shall survive the termination ofthis Agreement.
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,
af,,'Teernents 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 receivejust 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
amOLLnts 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 ofthe 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 assigrunent or
novation), without prior written consent of City.
3-69
Page 8
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyrightor patent, in whole or in part, any such reports, studies, data, statistics,
forms or other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control ofthe manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant
and any of the Consultant's agents, employees or representatives are, for all purposes under this
Agreement, an independent contractor and shall not be deemed to be an employee of City, and none
of them shall be entitled to any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold
the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may from time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the implementation of
same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's
fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
3-70
Page 9
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 co~t in dollar amounts of all
contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
Citjs agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker andlor Salesman
Ifthe box on Exhibit A, Paragraph 16 is marked, the Consultant andlor their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served ifpersonally served or deposited in the United States
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
3-71
Page to
This Agreement shall be governed by and construed in accordance with the laws ofthe State
of California. Aity 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 perfonnance hereunder,
shall be the City ofChula Vista.
[End of page. Next page is signature page.]
3-72
Page 11
Signature Page
to
Agreement between City of Chula Vista and NBS Government Finance
Group, dba NBS
for Special District Apportionment, Delinquency Monitoring, Administration
and Other Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated: /)... ~, 2~.5'"
:~~~!Q~~
/Stephen C. Padilla, Mayor
Attest:
Al~ ~~1'4~
rsusan Bigelow, City Clerk
Approved as to form:
=UC- t, ~~
Ann Moore, City Attorney
Dated: 5'- 3 ,20.E.5
NBS Government Finance Group, dba NBS
By: ~J ~J
Mike Rentner, President and CEO
Exhibit List to Agreement
(X) Exhibit A.
3-73
Page12
Exhibit A
to
Agreement between
City of Chula Vista
and
NBS Government Finance Group, dba NBS
1. Effective Date of Agreement: Date last executed.
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of Cali fomi a
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
form]
, a [insert business
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: NBS Government Finance Group, dba NBS
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) California S Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
41661 Enterprise Circle North, Suite 225
Temecula, CA 92590
Voice Phone (951) 296-1997
Fax Phone (951) 296-1998
3-74
Page 13
7. General Duties:
The Consultant shall provide Special District apportionment, delinquency monitoring,
administration and other services as requested by the City from July 1,2005 until June 30,
2008. The City Manager, at his/her sole discretion, may extend the agreement for two
consecutive one-year periods. The two additional one-year periods shall be on the same
temlS and conditions. All services shall be in accordance with the City's covenants in the
Bond Indenture for each Assessment District and Community Facilities District.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The Consultant will be responsible for the following tasks:
I. Community Facilities Districts (CFDs) Administration
a, Expert Resource: Consultant shall act as the City's "expert resource," and shall
be available to answer questions and advise the City on particular issues
involving the CFDs.
b. Data Collection: Consultant shall gather and review data pertinent to the
administration ofthe CFDs. Data will be obtained from various sources such as
assessor's parcel maps, building permits and County Assessor information as
determined to be necessary based on the requirements of the Rate and Method of
Apportionment for each CFD (hereinafter "Rate and Method of Apportionment").
Consultant will maintain and periodically update a database of all parcels within
the districts and relevant parcel information,
c. Administrative Cost Recovery: Consultant shall identify all costs associated with
the administration of the CFDs and recover those costs through the levy process
as outlined in 953317(e) and 953340 of the Government Code of the State of
California. Such costs may include, but are not limited to: bank fees, legal fees,
County tax collection fees, and all costs and expenses of the public agency and its
consultants related to district administration.
d. Cash and Equivalents Analysis: Consultant shall determine the Cash and
Equivalents balance requirements, acquire the current Cash and Equivalents
balances and make recommendations to keep the flow offunds and fund balances
in compliance with the bond documents. Fund transfers might include the
transfer of available surplus funds to be used as levy credits or the transfer of
reserve funds to the redemption fund upon the prepayment of assessments. Cash
flow analysis will be performed to determine any I~vy shortfall or surplus
collections.
e, Special TiL'X Requirement: Consultant shall calculate the mmual Special Tax
Requirement (hereinafter "Special Tax" or "Special Taxes") that will include all
necessary components as outlined in the Rate and Method of Apportionment,
such as principal and interest due, administrative expenses, collection for direct
Page 14
3-75
tinancing of services or facilities, and a fund credit or replenishment as
determined from analysis of the district funds.
f. Levy Calculation: Consultant shall calculate the annual special tax levy for each
parcel within the CFDs following the guidelines established in the Rate and
Method of Apportionment.
g. Prior to June 30th of each year this Agreement is in effect, Consultant shall
provide the City with Special Tax for each district, and each billing category
within said district. Preceding submittal to the County, Consultant shall provide
the City a computer disk or other mutually agreed upon format, which will
include the district number, parcel number, and maximum Special Tax on each
parcel- in a format which will be acceptable to the City.
h. Meeting Attendance: Consultant shall attend any district-related City
CounciVBoard meeting related to district administration, as requested by the City.
l. Special Tax Levy Submittal: Consultant shall submit all Special Tax Levies to
the County Auditor Controller in the required format and medium (i.e. tape,
diskette). Special Tax Levies rejected by the County Auditor Controller will be
promptly researched and resubmitted for collection on the same County Tax Roll.
Any parcels that are not submitted to the County for collection will be invoiced
directly to the parcel owner, with payment submitted t9 the public agency.
J. Special Tax Levy Report: Consultant shall provide an annual Special Tax Levy
Report. This report will include a parcel listing with levy amounts and other
parcel information, the details of the annual Special Tax Requirement, current
delinquency information, fund analysis, administrative expenses to be recovered,
status of the project and current issues affecting the districts.
k. Delinquency Monitoring: Consultant shall provide a comprehensive list of
delinquencies after each special tax installment becomes due. The delinquency
report will provide the district's overall delinquency percentage as well as a
detailed list of each delinquent parcel, with the name and address of the
delinquent parcel owner, the delinquent amount and penalties.
1. Backup Special Tax: Consultant shall calculate a Backup or Extraordinary
Special Tax and determine if payment of the Backup or Extraordinary Special
Tax is required for CFDs 97-3, 98-3, 99-1, 2000-1, 2001-, 2001-2 and other new
CFDs, as requested by the City. This shall be calculated using information
obtained from approved maps and building permits over the past year and
compared to the tables provided in the Rate and Method of Apportionment for
each CFD to determine if there is any loss in units or residential floor area. If the
Extraordinary Special Tax is required, Consultant shall provide a list of parcels
and amounts owed. For CFD 98-3, the Extraordinary Special Tax shall be
calculated and included in the billing in accordance with the Rate and Method of
Apportionment.
m. Prepayment Calculations: Consultant shall provide special tax prepayment
calculations to interested parties. The party requesting the calculation shall pay
the fee of any prepayment calculations.
Page l5
3-76
n. Bond Calls: Consultant shall prepare the spread of principal to be called within
maturities for all bond calls and coordinate the call with the Paying
Agent/Trustee.
o. Release of Liens: Consultant shall prepare and file all documents required to
release the liens of parcels that have prepaid the special tax or where the districts
has matured.
p. CDIAC Reporting: Consultant shall perform all necessary reporting to the
California Debt and Investment Advisory Commission as required by
953359.5(b) and 953359.5(c) of the Government Code ofthe State of California.
q. Notice of Special Tax Disclosure: Consultant shall provide Notice of Special Tax
Disclosure notices to requesting parties as required by 953340.2 and 953341.5 of
the Government Code of the State of California. The fee of any Notice of Special
Tax shall be billed to the party requesting the disclosure form.
r. Toll-Free Phone Number: Consultant will provide a toll-free phone number for
use by the City, other interested parties and all property owners. Consultant's
staff shall be available to answer questions regarding the districts and ongoing
collection of the special tax during normal business hours (Mon.-Fri. 8:00am to
5 :OOpm). Bilingual staff shall be available for Spanish-speaking property owners.
s. Consultant Coordination: Consultant will provide all documentation and
information to other City consultants as necessary throughout the year.
ii. 1913 and 1915 Act Assessment District Administration Services
a. Expert Resource: First and foremost, Consultant shall act as the City's "expert
resource," and shall be available to answer questions and advise the City on
particular issues involving Assessment Districts.
b. Kick-Off Meeting, Project Schedule: Consultant shall meet with City staff, legal
counsel and other interested parties to:
. Establish lines of comrmmication.
. ClarifY the specific project goals and criteria that will meet the City's
preference.
. IdentifY and resolve any special circumstances that may be involved
in the administration of the districts.
. Develop project schedules to meet legal requirements and provide for
effective interaction of all involved parties.
. Establish meeting dates consistent with schedule to achieve project
milestones.
c. Data Collection: Consultant shall gather and review data relevant to the
administration of the districts. Data shall be obtained from various sources,
including, but not limited to, City records, Assessor's parcel maps, and County
Assessor information. A database containing said information for each of the
Assessment Districts shall be created by Consultant.
d. Policy Review: Consultant shall review policies and procedures that have been
established by the Agency for compliance with governing documents and law.
These policies shall be incorporated into Consultant's service to the City.
Page 16
3-77
e. Cost Recovery: Consultant shall identify all costs associated with the
administration of the Assessment Districts and recover those costs through the
levy process as outlined in S8682 and S8682.1 of the California Streets and
Highways Code. These costs may include, but not be limited to
Registrar/Transfer/Paying Agent fees, Arbitrage Rebate calculation fees, bank
fees, and expenses of the City and its consultants related to the administration of
the districts.
f. Fund Analysis: Consultant shall determine the balance requirements and acquire
the current cash balances for the districts. Consultant shall make
recommendations to ensure that the flow of funds and fund balances are in
compliance with bond documents. Cash flow analysis shall also be performed to
determine any levy shortfall or surplus.
g. Annual Assessment Levy: Consultant shall calculate the annual assessment levy
for each parcel in each of the districts and submit the amount for each parcel to
the County in the format and medium (i.e. tape, diskette) required by the County
Auditor-Controller.
h. Resubmission or Rejects: Consultant shall research the status of any parcels
rejected by the County Auditor-Controller, and resubmit corrected data for
collection on the same County Tax RolL Any parcels that are not accepted by the
County for collection shall be invoiced directly, with payment directed to the
City.
1. Maintain Assessment District Data: Consultant shall annually track all parcel
changes to ensure that all changes are documented. Historical parcel change and
assessment apportionment data shall be maintained by Consultant.
J. Annual Report: Consultant shall provide a comprehensive Annual Assessment
District Report that shows a detail listing of the amounts submitted to the levy or
directly billed for collection, details of delinquent assessments, fund analysis,
paid off parcels and release ofliens, all bond call activity, and assessed valuation
information.
k. Delinquency Monitoring: Consultant shall provide the City with a comprehensive
list of delinquencies after each installment becomes due. This report shall show
delinquency percentage as well as a detailed list of each delinquent parcel, with
the name and address of the delinquent parcel owner, the delinquent amount and
penalties.
1. Prepayment Calculation! Amortization Schedule: Consultant shall provide
assessment prepayment calculations and amortization schedules to interested
parties. The requester shall pay the cost of this service; however, there shall be
no charge to the City or property owners.
m. Bond Calls: Consultant shall prepare the spread of principal to be called within
maturities for all bond calls and coordinate the call with the Paying
Agent/Trustee.
n. Release of Liens: Consultant shall prepare and file all documents required to
release the liens of parcels that have prepaid the assessment.
o. Notice of Special Assessment: Consultant shall provide a "Notice of Special
Assessment" disclosure notice to requesting parties required by 953754 of the
Page 17
3-78
Government Code of the State of California. The fee of any Notice of Special
Ta"X sha1l be paid by the party requesting the disclosure notice.
p. Toll-Free Phone Number: Consultant shall provide a toll-free phone number for
use by the City, other interested parties and all property owners. Consultant's
staff shall be available to answer questions regarding the formation and ongoing
collection of assessments for the districts during normal business hours (Mon.-
Fri. 8:00am to 5 :OOpm). Bilingual staff shall be available for Spanish-speaking
property owners.
q. County Assessor Reporting: Consultant shall work willi the County Assessor to
aid in complying with the requirements of Revenue & Taxation Code Section
163. This includes providing data such as parcel number, original assessment
and current principal balance to the County Assessor.
r. Consultant Coordination: Consultant shall provide all documentation and
information to other City consultants as necessary throughout the year.
iii. Open Space District Tax Roll Billing
a. Expert Resource: First and foremost, Consultant shall act as the City's "expert
resource," and sha1l be available to answer questions and offer advice on
particular issues involving the Open Space Districts.
b. Kick-off Meeting: Consultant shall meet with City staffto discuss:
. Tax roll billing steps and appropriate timeline.
. Method of application of the assessment and llie data required to
establish the proper procedure for levying the assessment.
. The process to follow for any appeals or disputes.
c. Data Gathering: Consultant sha1l gather and review data pertinent to the
calculation and billing of the Open Space District and apply the formula, created
during district formation, to determine each parcel's assessment (hereinafter
"assessment formula"). Data shall be obtained from various sources, including,
but not limited to, the City, assessor parcel maps and County Assessor
information.
d. Quality Control: Consultant shall perform cross-reference tests looking at the
various data sources, land use codes, and other pertinent information to ensure
the best and most accurate levy application.
e. Database Maintenance: Consultant shall maintain and periodically update a
database of a1l parcels within each district and relevant parcel information.
f. Levy Calculation: Consultant shall calculate the annual levy for each parcel
within the district following the guidelines established by the assessment
formula. '
g. Prior to June 30th of each year this Agreement is in .effect, Consultant shall
provide the City with assessment rates for each district, and each billing category
within said district. Preceding submittal to the County, Consultant shall provide
to the City a computer disk or other mutually agreed upon media, which includes
the district number, parcel number, and maximum assessment on each parcel in a
format acceptable to the City.
Page 18
3-79
h. County Submittal: Consultant shall submit the levy to the County Auditor
Controller in the required electronic format. Levies rejected by the County
Audi tor Contro ller shall be researched and resubmitted for collection on the same
County Tax Roll. Any parcels that are not submitted to the County for collection
shall be invoiced with payment to be directed to the City.
1. Reporting: Consultant shall provide an annual Open District Levy Report. The
report shall include a parcel listing with levy amounts. Parcel and levy data can
be provided via a CD ROM, diskette or electronic file.
J. Consultant Coordination: Consultant shall provide all documentation and
information to other City consultants as necessary throughout the year.
k. Toll-Free Phone Number: Consultant shall provide a toll-free phone number for
use by the City and property owners. Consultant staff shall be available to
answer questions regarding the formation and ongoing collection of assessments
for the districts during normal business hours (Mon.-Fri. 8:00am to 5:00pm).
Bilingual staff shall be available to assist Spanish-speaking property owners.
iv. Delinquenc.v Nfanagement
a. Delinquency Reports: Consultant shall provide the City with an updated list of
delinquencies prior to sending any ofthe letters listed in this subsection (8.A.iv.).
This report shall also detail each district's percentage of delinquencies, as well as
a detailed list of each delinquent parcel.
b. Reminder Letter: At the City's direction, send a reminder letter (the form of
which shall be approved by the City) to the property owner of each delinquent
parcel for the December IO'h installment. The purpose of the letter is to inform
and educate the property owner of their obligation to pay assessments.
c. Demand Letter: At the City's direction, send a demand letter (the form of which
shall be approved by the City) to the property owner of each delinquent parcel for
the April IO'h installment. This letter shall be mailed to any property owner who
remains delinquent for both installments or who is delinquent after April 10th
only. The purpose of this letter is to further educate the property owner and
advise them of potential foreclosure.
d. Foreclosure Letter: Upon authorization from the City, Consultant shall send a
final twenty-one (21 )-day delinquency foreclosure letter to each delinquent
property owner via certified mail. This type of letter is typically sent after the
installments for a parcel have been removed from the tax roll. The letter
delineates what amount must be paid directly to the City to forestall the turnover
of documents to the foreclosure attorney.
e. Tax Roll Removal: Consultant shall provide and file (if necessary) the
information required to remove parcels from the tax roll. Consultant shall work
with the County Auditor-Controller to verify the removal. This step is in
preparation ofturning the parcels over for foreclosure. Once removed from the
tax roll, each property owner shall receive one final foreclosure letter indicating
the amount due and payment instruction.
f. At the City's discretion, Consultant may be order to offer payment plans to
property owners in lieu ofmrning parcels over to the City's foreclosure counsel.
Page 19
3-80
g. Subsequent Foreclosure Services: Once a decision to foreclose has been made by
City, Consultant shall prepare and deliver all information to the City's
foreclosure counsel. Consultant shall also continue to supply the City's counsel
with additional information throughout the foreclosure process. Consultant shall
continue to respond to property owner (unless ordered not to) and City staff
phone calls regarding the status of all cases, and shall coordinate and audit status
reports on a bi-monthly basis from the City's foreclosure counsel. For those
parcels sent to foreclosure, Consultant shall assist foreclosure counsel to initiate
and prosecute judicial foreclosure proceedings in compliance with bond
foreclosure covenants.
h. Toll-Free Phone Number: Consultant shall provide a toll-free phone number for
llse by the City, other interested parties and all property owners. Consultant's
staff shall be available to answer questions regarding the formation and ongoing
collection of assessments/special taxes for the districts during normal business
hours (Mon.-Fri. 8:00am to 5:00pm). Bilingual staffshall be made available for
Spanish-speaking property owners.
1. Consultant Coordination: Consultant shall provide all documentation and
information to other City consultants as necessary throughout the year.
v. Bond Issue Continuing Disclosures
In accordance with the Disclosure Certificate of a bond issue, Consultant shall assist
in compliance with the annual disclosure requirement of the SEC Continuing
Disclosure Rule l5c2-l2. Specifically, Consultant shall perform the following:
a. Document Review: Consultant shall review pertinent documents related to the
bond issue, including the Official Statement and Disclosure Certificate.
Consultant shall identify material such as the Consolidated Annual Financial
Report and/or other operating data that the City has agreed to provide in the
Disclosure Certificate.
b. Data Collection: Consultant shall collect the annual financial information and
operating data that the City has agreed to provide to each Nationally
Recognized Municipal Securities Information Repository (NRMSIR) and the
appropriate State Information Depository (SID), if any.
c. Report Preparation: Consultant shall prepare the Annual Disclosure Report as
required in the Disclosure Certificate.
d. Annual Dissemination: Consultant shall disseminate the Annual Disclosure
Report to state and national repositories and post to our website to allow
public access free of charge.
e. Significant Events: Consultant shall prepare and disseminate a "Notice of
Significant Events", as listed on the Continuing Disclosure Certificate, to the
appropriate SID and to either each NRMSIR or the Municipal Securities
Rulemaking Board (MSRB). Consultant's actions pursuant to this subsection
should commence upon notification by the City of the occurrence of any of the
events, if deemed by the City to be material. Typical significant events may
include:
. Principal and interest payment delinquencies
Page 20
3-81
. Non-payment related defaults
. Unscheduled draws on debt service reserves reflecting financial
difficulties
. Unscheduled draws on credit enhancements reflecting financial
difficulties
. Substirution of credit or liquidity providers, or their failure to
perform
. Adverse tax opinions or events affecting the tax-exempt status of
the security
. Modifications to the rights of security holders
. Bond calls
. Defeasances
. Release, substitution, or sale of property securing repayment of the
securities
. Rating changes
f. Consultant Coordination: Consultant shall provide all documentation and
information to other City consultants as necessary throughout the year.
vi. Apportionments
Consultant shall provide Special Districts apportionment services as delineated in
Section 8730 of the Streets and Highways Code. The Code states tbat when a
parcel of land upon whicb there is an unpaid assessment divides, the original
assessment must be segregated and apportioned in accordance with the benefits to
the several parties of the original lot. The Consultant shall apportion the liens
among the newly created parcels as if such a subdivision had existed at the time
of the confirmation of the District and file documents to effecruate a segregation
with the County Tax Auditor after the City reviews and authorizes such.
Specifically, the Consultant shall perform the following:
a. Segregation: Consultant shall apportion the special assessment according to
the method described in the engineer's report.
b. Notice of Apportionment: Consultant shall prepare a notice of apportionment
and send it via certified mail to the issuing underwriter, as required.
c. Assessment Diagram: Consultant shall prepare an amended assessment
diagram and notice. The diagram and notice shall be filed and recorded with
the County Recorder.
d. Amortization Schedule: Consultant shall prepare an amortization schedule for
each newly created assessment type.
e. Apportionment Report: Consultant shall prepare and submit to the City an
Apportionment Report showing the finalized apportionment and the amended
assessment diagram.
f. Optional- Application Forms: Ifrequested by the City, Consultant shall also
provide apportionment application forms and instructions to the City's
Engineering representative for inclusion as a condition of approval for
subdivision within an assessment district.
Page 21
3-82
g. In the event proceedings are undertaken under Division 10, Part 10 of the
California Streets and Highways Code, the following additional items shall
be prepared:
. Resolutions. Consultant shall prepare the required City Council
resolutions to order the amended assessment, the amended assessment
diagram, notices to the property owner, and fix the amount of costs to
perform the apportionment.
. Public Meetings. Consultant shall be available to attend any public
meetings required to complete the apportionment.
h. Consultant Coordination: Consultant shall provide all documentation and
information to other City consultants as necessary throughout the year.
vii. D-FAST@Software Services
a. D-FAST Online: To complement the administration of the City's districts,
Consultant shall provide City staff, up to lO usernames, access to D- FAST
Online. D-F AST@ is a state-of-the-art proprietary software program
specifically designed for the administration, management, billing, and
tracking tasks of Special Tax Districts.
b. Web Interface: Consultant shall provide programming support to the City to
create an interface between the City's website and parcel data within D-F AST
for public access.
viii. Optional Items
If requested by the City, the following services shall be provided:
a. Proposition 218 Compliance
. Consultant shall work with the City, as needed, given the
requirements of Proposition 218. Consultant understands that each
City has different requirements and resources to complete the
necessary tasks for the assessment balloting procedures. Therefore,
an indi vidually tailored approach to Proposition 218 Compliance may
be required.
b District Closeout: Consultant shall administer the districts under the City's
direction, taking into account the final-year maturity, Thereafter, Consultant
shall perform the following:
. Perform a complete analysis of all funds for each Assessment District
in accordance with Municipal Improvement Act 1913 and the
Improvement Act of 1915.
. Prepare a detailed Analysis Report for each district projecting revenue
and expenditures resulting in a surplus amount. Projected revenue
may include, but is not limited to, investment earnings and
assessment levies. Projected expenditures may include, but is not
limited to, debt service payments, arbitrage rebate payments,
administrative costs and project maintenance costs.
Page 22
3-83
. Determine if arbitrage rebate calculations have been performed and
funds have been cleared for disbursement by the City Finance
Department.
. Determine the best use of the surplus amount in accordance with
applicable laws.
. Prepare a Certificate of Project Completion and Use of Funds for
Project Maintenance Letter, to be signed by the Public Works
Director.
o Prepare a City Council Resolution Declaring Surplus, Determining
Use and Approving the Analysis Report.
o Prepare documents and coordinate the advanced maturity of bonds as
required.
o Prepare a detailed report for the processing of refunds to property
owners by the City.
o Review procedures with legal cOWlSel and City staff as required.
o Prepare a detailed delinquency report and consider the delinquencies
in the analysis of funds and refunds.
o Coordinate the implementation of a policy for the collection of
delinquencies and time line for completion.
c. Processing of Bond Tenders (1915 Act Bonds and CFD Bonds)
. Expert Resource: First and foremost, Consultant shall act as the
City's "expert resource," and is available to answer questions and
advise the City on particular issues involving the use of Bond
Tenders.
o Kick-off Meeting. Consultant shall meet via telephone or in person
with City staff, legal counsel and other interested parties to discuss
details and implementation of a bond tender policy.
o Implementation of Bond Tender Policy. Consultant shall implement
the City's existing bond tender administrative policy. If desired,
Consultant shall review and make modifications to this existing
policy or develop and implement a new policy. As this requires
significant additional work, hourly rates shall apply.
o Primary Contact. Consultant shall serve as the primary and direct
contact for property owners, bondholders, and other interested parties.
Consultant shall provide instructions and guidelines on the bond
tender process.
o Letters of Intent to Tender. Consultant shall review and reply to
Letters of Intent to Tender with a formal Letter of Instructions to
Tender, and shall provide updates to the Letter of Instructions based
on amount change triggers.
o Facilitator of Bond Tenders. Consultant shall act as facilitator of bond
tenders, and shall provide the following:
1. Analysis ofbond tendered and application ofbonds tendered
as payment of delinquencies, current year installments, and
prepayment of the future of the lien.
Page 23
3-84
.
2. Provide documentation of the tender to property owners,
trustee, fiscal agent, paying agent, City/Agency and other
professionals.
3. Update of debt service schedules and mandatory sinking
fund schedules, as required.
4. Calculation and request payment of any amounts due in cash
in addition to the bonds tendered.
Data Corrections: Consultant shall perform County Tax Roll
corrections, future annual levy, and future amortization (annual
levies) corrections resulting from the bond tender.
Toll-Free Phone Number: Consultant shall provide a toll-freephone
number for use by the City, other interested parties and all property
owners during normal business hours (Mon.-Fri. 8:00am to
5:00pm).
.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Prior to June 30th of each year this Agreement is in effect,
Consultant shall provide the City with Assessment rates for each Community
Facilities, Assessment and Open Space.
Deliverable No.2: On August 1st of each year, submit a computer disk of annual
assessments and/or collections to the County Auditor-Controller.
Deliverable No.3: On or before August 10th of each year, fmal corrections to the
tax roll shall be submitted to the County Auditor-Controller.
Deliverable NO.4: On or before October 15th of each year, submit to the City
three (3) copies and one (I) unbound copy of each final Special Tax District
report with corrected printouts and computer files.
Deliverable No.5: On September 30th of each year, submit to the City a copy of
each Amended Assessment Diagram.
Deliverable No.6: Within 10 business days after the effective or execution date of
this agreement (whichever is later), provide City staff with access to the D-
F AST@ Online, and establish a timeline for creation of web interface.
D. Date for completion of all Consultant services:
Page 24
3-85
The date when all services assigned to the Consultant have been resolved, or upon
notification from City of contract termination
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Business Automobile Liability Insurance coverage: $1,000,000
() Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
A. Copy of Final Special Tax Report for all Community Facilities Districts.
B. Copy of Final Official Statement, bond indenture, arbitrage certificate and other
documents as required for Community Facilities Districts involving a bond issue.
C. Access to the City's computerized permit tracking system.
D. Copies of Site Development plans (for commercial and multiple family properties),
Final Maps which have been approved prior to March 1st of the previous fiscal year,
and building permit information.
E. (After first fiscal year offormation) Copies of tax reapportionment forms completed
by City for parcels which have been segregated by the County during the previous
fiscal year.
F. Budget infoffilation.
G. List of Special Tax Districts the City would like Consultant to administer for each
Fiscal Year.
H. Copy of Final Engineer's Report and Final Official Statement for each Special
District.
1. Listing of parcels that have paid off their assessments (partially or fully) since the
districts were formed.
J. List of the bonds that have been called for each Special District since the bonds were
issued. The list should include the amount of bonds called and their corresponding
Fiscal Year for each Special District.
K. List of parcels requiring apportionment services for each Assessment District for each
Fiscal Year.
L. Name and address of the underwriter or other original purchaser of the bonds for each
Special District.
M. A sample copy of the City-approved notice to underwriters or other original purchaser
of bonds.
N. A copy of last year's database (in electronic format if available) and diagrams for each
Special District.
Page 25
3-86
11. Compensation:
A () Single Fixed Fee Arrangement.
B. () Phased Fixed Fee Arrangement.
C. () Hourly Rate Arrangement
() Hourly rates may increase by 6% for services rendered after [month], 20
if delay in providing services is caused by City.
D. (X) Other:
For performance of the Defined Services by Consultant as herein required, City shall
pay according to the follol'fing schedules/rates:
. Annual Administration Services - The following fees are annual fees for the administration
of Special Districts.
A. Community Facilities Districts:
1. Bonded Districts $3.00 per parcel plus base fee of $2,000
2. Non Bonded Districts $1.50 per parcel plus base fee of $] ,500
] 9] 5 and ] 913 Act Assessment Districts:
1. Districts with parcel counts up to 1,000
2. Districts with parcel counts over 1,000 and up to 3,000
3. Districts with parcel counts over 3,000 and up to 5,000
C. Open Space Districts:
1. Districts with parcel counts up to 500
2. Districts with parcel counts over 500 and up to ] ,000
B.
$2,500
$3,500
$5,000
3. Rancho Del Rey and Eastlake Maintenance District No.1
$750
$],250.
Total for both
$16,000
. Other Services - The following fees are the services rendered in support of the annual
administration of the districts.
A. Delinquency Management:
1. Annual Base Cost Per District No charge
2. Reminder Letters * $10
3. Demand Letters * $ ] 5
4. Foreclosure Letters $30
5. Payment Plan Administration $150
6. Tax Roll Removal **$50
7. Subsequent Foreclosure Fees '**$75
Page 26
3-87
All fees are based on a per parcel/per district basis
. TIlis fee will be recovered as part of the next levy.
.. This fee includes filing of "Notices of Intent to Remove Delinquent
Ins1Qllments" bUl does not include County fees for removal from the
tax roll.
n. Thisfee is per parcel/per district/ per year from the initiation of the
foreclosure.
Note: At the option ofthe City, Consultant will set up historical delinquency information into
software at our hourly rates or as negotiated on a per district basis.
. Continuing Disclosure: The Annual Report Fee is based on the complexity ofthe disclosure
requirements. Consultant will provide the services for the Special District bonds existing at
the date of this agreement for the fees as listed below. Additional issues may be added at
similar fees. This Fee typically ranges from a base of $1,000 and up.
A. Annual Report Fee
1. Annual Report (perreport) $1,250
B. Significant Event Notification hourly
C. Dissemination Services
1. Report Dissemination (per recipient) $25
2. Significant Event Dissemination (per recipient) $25
D. Posting to CPO and Consultant website No charge
. Apportionments:
$750 per district plus
$35 per parcel
Alternatively, at the City's discretion, Consultant shall provide apportionment
services as provided below:
Application Method Division 10, Part 10.5 ofthe Streets and Highways Code
1. Apportionment Fee (4 parcels or less) $950
. $1800
2. ApportLOnment Fee (5 or more parcels) (PI $"5 I)
us ~ per parce
$40
3. Recording Fee (each)
Hearing Method Division 10, Part 10 of the Streets and Highways Code
1. Resolutions
2. Meeting attendance
$300
Hourly, plus travel
1. Annual Per District Method
. D-FAST Software Services:
1. D-FAST Online
2. Web Interface
Annual Fee $2,500 (Set Up fee waived)
Hourly (not to exceed $5,000 without written
amendment)
. Optional Services: At the discretion of the City, Consultant shall provide those services
related to annual use, increases, closeouts, refunding, etc. Fees for those services will be
determined by the City and Consultant as fixed-fees (to be negotiated later) or at Consultant's
Page 27
3-88
hourly rates. The City may choose which method (negotiated tixed-fee or hourly). The
hourly rates are as shown below.
Rate Schedule
Consultant Em lovee Title
Director
Engineer
Senior Consultant/Programmer
Consultant
Analyst
Clerical/Support
Houri Rate
$135
$125
$110
$85
$65
$45
.
Terms: The annual recurring base fees shall be billed during the year, at the beginning of
each quarter. Other fees shall be invoiced upon completion of the project. Payment shall be
made within 30 days of submittal ofan invoice. Ifpayment is not received within ninety (90)
days, simple interest shall begin to accrue at the rate of 1.5% per month. Cost of living
increases as measured by the Southern California Counties CPI will be applied each year,
starting October 2006, to the services listed in this Paragraph (ll.D).
The following fees are noted herein, and paid by others (not fees paid by City):
1. CFD Prepayment Calculations (per request)
(Fee based on complexity of calculations. Party requesting
calculations shall pay)
2. Notice of Special Tax (per notice)
(The fee of any Notice of Special Tax shall be billed to the party
requesting the disclosure form)
3. 1915 Act Prepayment Calculations (each)
(Party requesting calculations shall pay)
4. Notice of Special Assessment (per notice)
(The fee of any Notice of Assessment shall be billed to the party
requesting the disclosure form)
$150
$10
$35
$10
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.
( ) Reports
(X) Copies
(X) Travel
(X) Printing
(X) Postage
(X) Delivery
(X) Telephone Charges
not to exceed $
not to exceed $
not to exceed $ 1,000/vear
not to exceed $
not to exceed $
not to exceed $ 250/year
not to exceed $ 1,000/vear
Cost or Rate
$
$ 0.1 O/page
$ actual cost
$ actual cost
$ actual cost
$ actual cost
$ actual cost
Page 28
3-89
(X) Other Actual Identifiable Direct Costs:
County Charges (for tapes,
maps, and recording fees) not to exceed $ LOOO/year
not to exceed $
$ actual cost
$
13. Contract Administrators:
City: Tiffany Allen, Senior Management Analyst
Consultant: Tim Seufert, Managing Director
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.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.
Page 29
3-90
() Category No.7. Business positions.
(X) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
l6. () Consultant is Real Estate Broker and/or Salesman
17. Pennitted Subconsultants:
None
18. Bill Processing:
A. ( ) Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: See Section 11, Part D "Terms"
B. ( ) Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. (X) City's Account Number: Appropriate CFD, AD. and OS accounts
19. Security for Performance
( ) Performance Bond
( ) Letter of Credit
( ) Other Security
Type:
$
$
$
() Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
( ) Retention Percentage: _%
Page 30
3-91
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
Page 31
3-92
CITY COUNCIL
AGENDA STATEMENT
09/11/07 ItemA-
SUBMITTED BY:
RESOLUTION APPROVING THE FINAL "B"
MAP OF CHULA VISTA TRACT NO. 05-16, OTAY
RANCH VILLAGE 6 MARQUIS UNIT 1, PLANNING
AREA MU-2. APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT FOR
THE COMPLETION OF THE IMPROVEMENTS;
APPROVING THE ASSOCIATED SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
ENGINEERING & GENERAL SERVICES DIRECTOR \. ~
ASSISTANT CITY MANAGER c,.'i \J
CITY MANAGER ~--)
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES
NO X
BACKGROUND
On March 26, 2002 by Resolution No. 2002-089, Council approved a Tentative
Subdivision Map for Chula Vista Tract 02-05, Otay Ranch Village 6. On October II,
2005 by Resolution No. 2005-347, Council approved an Amendment to said Tentative
Subdivision Map, Chula Vista Tract 05-16. Tonight, Council will consider the approval
of Planning Area MU-2 final map within Otay Ranch Village 6 by Otay Ranch Fourteen,
LLC a Delaware Limited Liability Company.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the
proposed project was adequately covered in previously adopted Environmental Impact
Report (98-01) and Mitigated Negative Declaration (IS-04-035), for the Otay Ranch
Village Six Mixed Use Project. Thus, no further environmental review or documentation
IS necessary.
4-1
t.L
09/11/07, Item_
Page 2 of3
RECOMMENDATION
That Council adopts the following:
Resolution approving the Final "B" Map of Chula Vista Tract No. 05-16, Otay
Ranch Village 6 Marquis Unit I, Planning Area MU-2. Approving the associated
Subdivision Improvement Agreement for the completion of the improvements,
approving the associated Supplemental Subdivision Improvement Agreement, and
authorizing the Mayor to execute said agreements.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The area is generally located East of East Palomar Street, between View Park Way and
Magdalena Avenue within the area of Otay Ranch Village 6. The "B" map for Otay
Ranch Village 6 Marquis Unit 1, Planning Area MU-2 consists of one numbered lot with
80 residential condominium units and 18 commercial condominium units, totaling a gross
area of4.474 acres (see Exhibit 1).
The final map has been reviewed by the Engineering and General Services and Public
Works Departments and found to be in substantial conformance with the approved
Amended Tentative Map. Approval of this map constitutes acceptance by the City of the
sewer and access easement and acceptance on behalf of the public of all public streets
granted within the subdivision. Otay Ranch Fourteen, LLC, as subsequent and current
owner of the Otay Ranch Village 6 Marquis Unit I, Planning Area MU-2 has executed
the appropriate Subdivision Improvement Agreement, providing bonds to secure the
construction of onsite facilities within the subdivision and Supplemental Subdivision
Improvement Agreement, which address several outstanding conditions of approval of
the tentative map and amended tentative map that will remain in effect and nm with the
land for the map.
AFFORDABLE HOUSING
The Amended Tentative Map for Otay Ranch Village 6 Project converted a Community
Purpose Facilities (CPF) parcel to the MU-2 parcel thus adding 97 mixed-use units to the
total units of the Village Six Land Use in order to accommodate the proposed Marquis
development, a I 58-unit condominium project. Both MU-2 and MU-I are proposed as a
single development, in terms of design and marketing purposes. At the time of approval
of the Amended Tentative Map, it was intended that both parcels would be processed
concurrently and Condition #30 was added requiring the applicant to enter into an
affordable housing agreement with the Housing Division prior to approval of the 158-unit
condominium map. The Developer has since decided to file two final maps, one for MU-
I encompassing the first phase of 60 condominium units and one for MU-2 for the
remaining 98 condominium units (up for consideration tonight), totaling the 158
condominium units. All of the affordable housing units are proposed for the MU-I final
4-2
09/11/07, Item~
Page30f3
map. Therefore, it is appropriate that the affordable housing agreement will be executed
with the final map for MU-l, proposed for approval in the near future.
PARKLAND OBLIGATION
The Tentative Map for the Planning Area MU-2 Project (approved in accordance with
City Council Resolution 2005-347) required the Master Developer to meet the MU-2
Project's park obligation through a combination of payment of fees for parkland
improvement obligation and dedication of land for parkland obligation. The developer
has paid the applicable parkland improvement fees. Pursuant to Condition of Approval
No.3 of Resolution 2005-347, the parkland obligation was to be satisfied through the
dedication of parkland, via an irrevocable offer of dedication (lOD), in areas adjacent to
the previously dedicated Village 2 community park site prior to the first building permit
for the MU-2 project.
Current IOD parkland inventories within the Village 2 community park site have been
reserved for parkland obligation related to Village 2 entitlements. Additional inventories
of Village 2 community parkland will become available once various utility easement and
parcels are transferred to the Village 2 community parcel. Staff supports the dedication of
contiguous parcels of future Village 2 community park parkland and is recommending
that the City Council move forward with the approval of the MU-2 project by permitting
the applicant to meet their parkland obligation requirement prior to the last B Map for the
MU-l project as opposed to requiring the developer to meet the parkland obligation at the
building permit stage of the MU-2 project. This approach will permit the developer to
move forward with the delivery of dwelling units for the MU-2 project, while assuring
conformance with parkland obligation prior to Village 6 project close-out.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
FISCAL IMPACT
None to the City. The developer has paid all costs associated with the proposed Final
Map and agreement.
EXHIBITS:
Exhibit 1: Plat ofOtay Ranch Village 6 Marquis Unit 1, Planning Areas MU-2
Exhibit 2: Developer's Disclosure Statement
Exhibit 3: Subdivision Improvement Agreement
Exhibit 4: Supplemental Subdivision Improvement Agreement
Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department
J:\Engineer\AGENDA\CAS2007\09-J i-OlIOR V6 Marquis Unii/ _MU-2.doc
4-3
I
I
,
I~
,
~
~
~
,0...
~
~
,~
,
--1-
II
HUNSAKER
& ASSOCIATES
S ^ N 0 I 1: C 0, IN C.
EXHIBIT t
CHULA VISTA TRACT NO. 05-16
OTAY RANCH
VILLAGE 6 MARQUIS UNIT 1
1
PORT/ON OF EAST
PALOMAR STREET
DEDICA TED ON MAP.
EAST PALOMAR STREET
PLANNING 1017'.l HlJe!1nekens Street
ENGINEERING Sail Diego, Ca 92121
SURVEYING PH(858)558.4$QO. FX{8S8~5SS.14'4
R:\0682\&Mop\EX COUNCIL EXHIBIT-UNIT 7-NORTH.DWG{]Aug-09-2007:10:16 WOo 2402-14
4-4
V'
"
-".
,-
'"
.~~
\~
\
,
~\
c),
C;\
\l>
t""
t<:'1
Z
';l>
,
\
,
:t:.
~
<
~,
r-EXHlB\t ~
DiscloSllre Statement
Pursuant \0 Council Policy lGHlt. prior to any acti<Jl1 upon matters that will require discretionary action by the Council,
Planning Commission ~nd all other official bodies of til" City. a statement of disclosure oi certai" ownership or iinancial
interests, payments, or campaign Gomrihutions for a City of Chuba Vista efedion must be tiled. The follQwing irnommtion
must be disclosed:
Ust the names of all persons ha.li~ng a financ.ial interest in the properw that is. ttl€ slJblect of the- appiication or th.~
COlllract, e.g.. owner, applicant, contractor, subcontractor, material supplier.
Ore,,", r2L'-Vl:~~~ ~Jikf/', w...C- C)L\.wJ'-'(t.:dD'-\'ej0fY\l\e~'\..r-,.::u\L
C'VJ..~ ' \ L. -Eo-.i\J.:~lf) '1Y\eS5~, l-LC _
I .~k;.,'- 11:Ji&,t-~Y\'\ , 1-'-'--
.2. If any pBfson'" identified purs.uant to (1) 8biJVe is a cQrporation or partnership, list the nElmes of all jndivid.ual~ with
a $2000investrnenl in tile businB~S (corporationlpartnership) entitr.
,) ',>1'1\ erd...c\\!" ,y\
-tIt" \ Re.v\<'Y<-A?,./
3. If anv persorr" idenlined pursuant to (1) above is a IiDn-profit organization Of trust, list the names of .aIW person
serving 3S directex of tt1e non"pJ'Ont Qrgar11zatJon or .a~ trustee Of beneficiary or trustor uf lhe tJU$L
tJlk
4.
Please idenliiy e'lJe;ry p-ersart, including any agents. employees. consultants. or indepelident ccntractul's you have
.assigned toO represent you befof"€: the City ir1 this matter.
-:0 a",... ot, \ I? (iW'st
l . <.1.... Li!. ,...
M....' ~ "",,-..0 1,~ ,"'.
K"l..v'j;C ~l\7l
\, ( tJ
',,' ~
Pv(d\il:~' ;...-{
5.
Has any pers.on;t associated wilh this contract had any financial dealings with an official"'''' of the Citv oi C11u!a
Vfsta as. it relates t<J this contract witNn ttla past 12 months. Y.es...,..,.-- N()~._
!f Yes, briefly descriol7 the natur.e of the financial interest the official~'" may have in thIs CtJrltracl.
6. Have ')o'o,u made .a contribution or more than $250 withit~ the past twetve {12} months to a current member .of the
eMula Vista City Council? No '1 Yes _ If yes, which C<>uncil m",mber?
4-5
7, Have you provided more than $340 Illr an item at equivalent vaille) to.n officiaj" ot the 'City of ellul" Vista In the
past l'NeJ'IJ€ (12)~ monlJls? (This Includes being a source of income. mcmey to f0tire a legal debt, gift I-oan, etc.)
Yes No i"
If Yes, which official"'''' and what was the nnture of ltem prO\i!ded?
Date,
7,! ilkn
,
/'
~/,
~ ,'- ,.
,_U~U;::-~
ignature of Cl1ntractorJAppfic.3r'1t
nt:\-}''i' V 'v\L- E. VI S.lC~'\i.'0
Print or type n"me at ContractorlAppflcant
Person is defined ClS: any individual.. firm, co~p.artners.hip, joint venture, 8s.$oci.atior'l, socia! club, fraternal
\')rganilation, corporation, estate, trust, recel\/er, s.yndic~te, .any other county, city: municipality, d.rstlict, or otrler
political 'Subdivision. ~or any other grollp or combination Acting as.a unit.
Official includes, but is flot nm~ted to: Mayor. Council member, Chul.a Vista Redevelopment Corporation member,
Pl8flflln:g Corn mi 5SIon er, rri~H'lbef of a board, com mi 3.S(O rr, 0 r corn mitt.e€ of the City, .em p loyee, or s~.aff members.
Sept" mber 6, 2006
4-6
RESOLUTION NO. 2007-
RESOLUTION APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO.
05-16, OTAY RANCH VILLAGE 6 MARQUIS UNIT 1, PLANNING AREA MU-2j
APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF THE IMPROVEMENTS; APPROVING THE
ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
WHEREAS, the developer, Otay Project Fourteen, LLC, a Delaware Limited Liability
Company has submitted a final map for Otay Ranch Village 6, Marquis Unit 1, Planning Area
MU-2, of one lot subdivision with a maximum of 80 residential condominium units and 18
commercial condominium units; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolution No. 2002-089 and
Resolution No. 2005-347; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 05-16, Otay Ranch
Village Six Marquis Unit 1, Planning Area MU-2, particularly described as follows:
Being a subdivision of A portion of Lot 17 of Chula Vista Tract No. 02-05 Otay
Ranch, Village 6 Unit 1 "A" Map No.1, in the City of Chula Vista, County of
San Diego, State of California, according to map thereof No. 14446, filed in the
office of the County Recorder of San Diego County on September 18, 2002.
Area: 4.474 Acres
Numbered Lots: 1
No. of Lots: 1
Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that the City of Chula Vista hereby accept the sewer
easement as shown on the Map, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon the map the action of the City Council; that the Council
has approved said subdivision map, and that the sewer easement as granted hereon and as shown
on the map is accepted on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the certain Subdivision Improvement Agreement for
the completion of improvements in said subdivision for the project, copies of which shall be on
file in the office of the City Clerk, is hereby approved.
4-7
BE IT FURTHER RESOLVED that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map; copies of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Rick Hopkins
City Engineer
H:\ENGINEER\RESOS\Resos2007\09~11-07\RESO_OR V6 Marquis Unit 1 final map. doc
4-8
2
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
-'S~'l\\\\~~,\\ Sf-,'f
Ann Moore
City Attorney
Dated:S-QP-r lCl1 ?C'(''l
Subdivision Improvement Agreement
Between the City of Chula Vista
and
Otay Ranch Fourteen, LLC for
Otay Ranch Village Six Marquis Unit l,
Planning Area MU-2 (CVT 05-16) OR-908F
4-9
EXHIBIT .3
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
recei ved.
Declarant
OR-908F
SUBDIVISION IlVlPROVEMENT AGREE:MENT
THIS AGREEMENT, made and entered into this _ day of ,
2007, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter
called "City", and Otay Ranch Fourteen, LLC, a Delaware Limited Liability Company, located at
2445 Fenton Street Chula Vista, CA, 91910, hereinafter called "Subdivider" with reference to the
facts set forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
Otay Ranch Village Six Marquis Unit 1, Planning Area MU-2 (CVT 05-16) pursuant to the
provisions of the Subdivision Map Act of the State of California, and in compliance with the
provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdi vision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
-1-
4-10
install and complete, at Subdivider's own expense, all the improvement work required by City in
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2002-089, approved on the
26th day of March, 2007 ("Tentative Map Resolution"); and
WHEREAS, an Amendment to the tentative map of said subdivision has heretofore been
approved, subject to certain requirements and conditions, as contained in Resolution No. 2005" .
347, approved on the 11th day of October, 2007 ("Amendment to the Tentative Map
Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer, as
shown on Drawing Set 06063 inclusive on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said improvements
according to said plans and specifications has been submitted and approved by the City in the
amount of THREE HUNDRED ONE THOUSAND, EIGHT HUNDRED NlNTY FIVE
DOLLARS AND NO CENTS ($301,895.00)
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
I. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement. .
-2-
4-11
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of
said Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE
HUNDRED FIFTY THOUSAND NINE HUNDRED FORTY SEVEN DOLLARS AND FIFTY
CENTS ($150,947.50), which security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE
HUNDRED FIFTY THOUSAND NINE HUNDRED FORTY SEVEN DOLLARS AND FIFTY
CENTS ($150,947.50), to secure the payment of material and labor in connection with the
installation of said improvements, which security is attached hereto, marked Exhibit "B" and
made a part hereof and the bond amounts as contained in Exhibit "BOO, and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of SIXTY SIX
THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS AND NO CENTS ($66,125.00)
which security shall guarantee the faithful performance of this contract by Subdivider to install
traffic signals at the intersection of East Palomar Street and View Park Way and is attached
hereto, marked Exhibit "C" and made a part hereof.
9. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of .SIXTY SIX
THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS AND NO CENTS ($66,125.00), to
secure the payment of material and labor in connection with the installation of traffic signals at
the intersection of East Palomar Street and View Park Way, which security is attached hereto,
marked Exhibit "D" and made a part hereof and the bond amounts as contained in Exhibit "D",
and made a part hereof.
-3-
4-12
10, Subdivider further agrees to furnish 'and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR
THOUSAND.DOLLARS AND NO CENTS ($4,000.00) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "E" and made a part hereof.
11. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such.
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement.
security.
12. It is also expressly agreed and understood by the parties hereto that in no case will the
City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the
costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
13. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
14. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
-4-
4-13
15. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agre=ent to hold harmless
shall extend to damages to adj acent or downstream properties or the taking of property from .
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
16. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
17. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in bis/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in bis/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
-5-
4-14
SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVE11ENT AGREE11ENT
FOR THE OTA Y RANCH VILLAGE SIX MARQUIS UNIT 1, PLANNING AREA MU-2
(CVT 05-016)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year fIrst hereinabove set forth.
THE CITY OF CHULA VISTA
Cheryl Cox,
Mayor of the City ofChula Vista
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
-6-
4-15
SIGNATURE PAGE TWO OF TWO
SUBDNISION INfPROVEMENT AGREEMENT
FOR THE OTA Y RANCH VILLAGE SIX MARQUIS UNIT 1, PLANNING AREA MU-2
(CYT 05-016)
BY:
(Attach Notary Acknowledgment)
-7-
4-16
OFFICIAL CALIFORJ'IIA NOTARIAL CERTIFICATE
ACKNOWLEDGMENT
State of California
County of 2:ai'i D)~
On S-e.ptcr,,~r '5 J d-007 , before me,
personally appeared DO'1VJ Brooks
Titie of Document 5LLbc(/ VI S'lOh ~,pY7N&r1.blt-
, ~r-wmalT
k <'V'I.A L. t-1-a.A'1 eN oTIt.r, f1.vhl" )
IX personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the
personCs') whose name(s1 is/ape subscribed to the within instrument and acknowledged to me that
he/sh@/thtiy executed the same in hislht.:tl.~;r authorized capacity(~, and that by his/h~r'tJa@ir
signarure<s) on the instrument the person\.l1. or the entity upon behalf of which the personV'} acted,
executed the instrument.
WITNESS my hand and seal.
KARLA L. HAHN
COMM. #1630397 2
NotalJ Public. California ~
San Diego County -
Comm. Ex ires Dec. 16, 2QIl9
. ~MU- ;Z 1/rL
SIGNATU OF NOTARY PUBLIC
ADDITIONAL INFORMATION
DOCUMENT INFORMATION
Document Date
Number of Pages C;
TYPE OF IDENTIFICATION
EMBOSSMENT
,I-N'"~~""~~~~~., ".,
~,,}.l ~"~'i
i" y~\; .,;~.:?:.;.,
~"" 1:: >~:'l,~~'~.~.'....
' ,t,\'i'~ .
! ) 1'1
, ~)l . I .. """'('.~' ,~'
~. , "\' . .
'I 'I < ',' '. '_I' :~....'.l....
'.. Ij.~l
( ,-',,);, \"-
, .'\ "#'1
" \~\~~:,\~5.,..*"
>''I::'',.,~~.~~~;;:W~~~";~?::'Y
?<rPersonal Knowledge of the Notary Public
: ] Satisfactory Evidence - identification card
. ] One Credible Witness acknowledging identity of principal
] Two Credible Witnesses acknowledging identity of principal
'opyright ~ ] 994, All Rights Reserved, California School ofNot4-;-lIuplic, Inc.
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance (Subdivision Improvement)
Form: Bond
Amount: $150,947.50
Exhibit "B"
Improvement Security - Material and Labor (Subdivision Improvement)
Form: Bond
Amount: $150,947.50
Exhibit "C"
Improvement Security - Faithful Performance (Traffic Signals)
Form: Bond
Amount: $66,125.00
Exhibit "D"
Improvement Security - Material and Labor (Traffic Signals)
Form: Bond
Amount: $66,125.00
Exhibit "E"
Improvement Security - Monuments:
Form: Bond
Amount: $4,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
-8-
4-18
Rug 30 2007 3:55PM
OakwQcd Develcpmant
819-397-0418
p42
~G-30-2007 15:10 P.01
/!L
EXHIBIT (' A If
BOND FOR FAlTHFUL PERFORMANCE
I . . (To So U.ed Frio:" '" Al>l'rcv.l <1f Subcl.ivisJo. Imp",vemom I\~m""<)
FileNo.: 0 R..9D'6r
Bond No.: SU5022428
Premium: $4528.00
WFiE1U;As, thD City COlUlcil of lhe aty of Chul" Visla, County of San Diego, S1lIlC of Califbrnia, end
Ot.... Ranch Pouncen. LLC . (hereinaftetuPrincipnl") desire to
enler inro u SubdiYisicn ImprovClnCllt AgYeen lOlIll (h=iru!fterreferzed 10 as "Agreement") whereby Prindpal agreC$
10 ilUlall and complete ccrtElin dcsignalcd public improvernenl$ for the proj~ known as
etav Ranch Villa.." 6 CPP.! ; and
WHEREAs, Prlncipal desira; EO commence construction of said public improvemenl$ prior to "Ppro~ of
said A!i:I'eement ily the Ciy Council of lhc City of (hula Vista; llI1d,
WHEREAS, the City of Ch~a Vista, Counly of San Diego, Stille of Calitbmia, has issued to PrincipII!
ConstructiOllPcmtitNo. ()rJ: 000 j.. (hereinatierref'erredto as "Permit") f9r1he public imPJQYcrnCIIl worl:as
set forth in more detail on City of Chula Vista Drawing Nos.l9h n(.; !- 0 ( through (")60 C/ -10 .
regsrding construtiicn of said public improvements, which P<mli.t j~ hereby refe""" 10 &Od made" partbercor; /Irld,
WHEREAS, said Principal is required lZlder the lenm of saidPennit to fumish /.I bond for. faithful
performance of said PI:lItIiI ""d will be n:quired Ie rnoinlllin such bond pUlSU8Illlo the Agree=t.
NOW THEREFORE, we, the PrindPlll alltl Aroh In_unno" COJ1lpany
. a corpoimion of the Slate of.
M i...nuri . (hereinafter "SURly"), Me held and finnIy bound llIllo the Ci~ at Cbula Vista. 4
rmmic.ipal corpOl'aliOll (hereinafter "city") in 1I1e County of San Diego, Stale C(CalJfonUa, ond to lllld for llie bene:tlt of
any and all ~ons who ~ suffer damagC$ by breach of 1I1e ocnditions befool; in the penal so.m of
On~ Hunnn:art 'J?if'tv ThmHI5:tonti Nin&ll HU'nn'rJ!lon F"..tv .~~\7~n anti ~O/lnnthl'll' dollars,
($ 150 947 50 ), lawful mcne:y oflhe United Sims, Ibrlhe pay~t ofwhich sum weiland truly to be
made, wellindOW3Cl.ves, ourheiJs, =assOl1l, e<eeutors and administratcm;,join1ly and severally.lin:nly by these
presenlS. .
The caulilion of !his obligation is such lhSl if 1he above-bound PrlnC:ipal, his or Its heils, l:I<OCutors,
administra=.SUC<lOSSars 0: =igllS, shall in all things Sl8nd to md abide by, and welIllnd Iruly kcep and perfozm the
1eIm5, COVCl>anls, COIlditions, lIlld provisions of said P=nit And the subsequent Agreemenr, wllicb is inoorpQl1l1ed
l1erein lII1d IlllY a1terationthereofmade as therein Pf'O"icled;on his or their part, to be kept and pefonnecllZtthetime
llIld in !he manner thl!fCin speemed, as ID installsan wl completion of said public lmprovement:s bo1h priorto o!lllcl
subsequentto City approval oflhe Agreement cOO in lll1 respects aecordinglolbeirtx1Jeintenlllnclmean1nll.1lIld shall
iodemrUiY and save harmless City, its ofli=. agents. arid emplO\lees.lIS therein stipulallod, then this oblismion shall
becomll null and void; otherwise, il shall be llMd remain in full force and etteet. .
As pen of the obligslion seeuredhereby and ii1 addilioo to the face amount specified therefor,1here shall be
includ=cl COSIs and reascnable Cl<penses and fees, including reasonableattomey's fle, inculI'ed by City in ~r
enforcing such obligUion, all to be taxed as COSls ond included in any judgmern rendered
The ~ h=by stiplllotes and asr- that no chaase, ...tension of time, lIltemtion or ilddilion to the 1c:ms
of the Permit or the AgJ1eement or to the worle to be peribnncd 1hereunder or the speciiicatioos aceompfln)'ing the
sarneshaJl iOllnywis> af!ioot i1s obiiglltlons 0ll1his bond,llnd il does hereby walvencticeofany sucltc:ballge,e1(lcnsion'
4-19
Ru~ 30 2007 3:55PM
Oakwood Development
613-387-0412
p.3
AUG-3B-2007 16:10
P.B2
ofum=, a1t=!lion or addition to the l<:mlS oflhc PmJlil or Ih~ Agreement 9l'IO th& wodc Qf 10 the specilicalions.
In addltioo. to the 8ClS bonded for pulSumtt to the Pennit incorparared above and all terms, CXlndiliom mld
provisions of the Agreement. !he fbIlOlMng 8ClS and performances me Ilddilionally subject lO,the t= of this bond:
NA
IN WITNESS WHEREOF, 'llIis insttumeIIl hIlS beenduly exeetlted by 1lle Princ;.ipel and Surety above named,
on Janllarv 11th ,2007 .
1;'!'~ts=:1.~lti.~{'!I!~.r-n=!':!ilre=a.l~~I!!U~h:W"~~~=~li~1Wr,,'ii\':I!~1~~\.i~~,I'*)!ft:~l::~P!m:l:'<!.G=-Ja.~'fm."lI-l!l~
Ot.1tV R.II'M~'h F.otlrt~pn LL(;
Name of Principal (Applicant)
By
By
Arch ItlSU1'a~ee Company
Name of Surety Compll/Iy
By
1.Cf!i. 'N'h.,.th LOl; RohlPi:l Av~nlle Suit~ 825
Address of S=ty Compa11y
SU5022428
BondIPolicy No.
Pasadena CA 91101
City Stale
Zip Code
ABOVE-SJGNA TORIES MVST BE NOTARIZED
,f,;,~.<1"~r.j:("~H"'I,",,'"Jl~~~<<=l:~~,"'il~iJr>>i.lJr.;jl"HIOIlt'mI<<~!lI\f."~~e~7.m.,.'m~~II;I:U!~~V"'-it:1'im:'~!';!'/UV;!!!:\'(tI'.:nlr.tt.'Im.:;J:;ll""~-1!ll;-~
APPR.OYED AS Tq FORM:
City Anomer
J:\El1li:ncer\LA}.(OOSV\FClnn~~Iii'Cri.l\SQnd~\aODd rlidJPcd'-p..icr 1e SlA..ooC
4-20
Rug 30 2007 3:56PM
AUG-30-2007 16;10
Oakwood De.velopment
519-397-0418
P ""
. ,
P.El3
e"ecu~.d tn triptciate
EXHIBIT
II 'B \\
File No. {) /Z. 9D S 1.
Bend No.:'Rllon?!24JlR
Premiunl: ineluded in pl'emhu::D
for Performance Bond
BOND. FOR MATERIAL AND LABOR
(To.Bc Used Prior To Approval ot Subdivision Impro'Oem...t A", ._.~Ir)
WHEREAS, the City CoWlcil of tile Cily of Chula Vista, COUl1ty or SllIl Die&o, Stale of Cllifomia, aod
OIOy futnch Fourteen, LLC . (lleleilun"" "Principal") de$ire to onte< into a
Subdivision Ilnprove:uent Agr,>en.ent (berein.otler refom:d l<> a. . ~reoenJClll") wher:by l'riIIeipl1l .lVoes 10
instoll and complete ~in desipotsd public. improvements . for a,e project. lenown lIS
Otav Ranch Villa",. 6 OPF. 1 ; and
. WHEREAS. Principal des;...s 10 commellCC construction of said pnblic inlp<O"""'ellts ""or to '1'1"0".1
of sDid AgreemCllt by the City Council of the City of 0,.10 Vista; lItld,
WHEREAS, the ell)' .of Chulo V~I!.-CoUDty of Son Oi...o, 'StOb: of Califoruia, has isS"ed 10 Principal
eonSl:1Iotion 1'"",,;t No, 0 Ie. 9 I:) 7l j, (hcrcinaf\~ roCured to as ''Pmnil''j _ fslr 1h9 public
iJn~~"ent wOlk a.s .et forth ~ lU""'~et.il 0.0 ~i<y of 01,,1. ViSlll Orawilli NO$. 015067-0 fWoueh
o Dt4I- -I O. r:gardlllg cOIlSIruCUon of saId ~ubllc ~"provements, Whlcb Penn It .. ho:reby ref~ In and nllxle
a poo hereOf; ll11J:l,
WHEREAS. under the Iem>S oJ said Pmnit, Principal is requited, before ell1Cr;'lg upon the perier",moe
oJ tho work, 10 file" good ....d .,utici.", pay'l1eJ1t be"" will!. d,. City of Cl,ula ViSla to secure llIe claim. !G
which ,0{= is made ill Title IS (C<lIllme1lcing with S.ction 31>82), Pm 4, Division 3, of d,e Civil Code <f
the St... or California il.lid will bo ~qu~d to moinlllin such bond purauam to the Agr..-nent
NOW THEREFORE, said Principal IUld Arch I"su",.nce Com"any . . cotporotia! ",f th.
Stateof MiAAourl . (he~inatl.r'~Su~ly"), orcheld and rumly bOWld unto the City of Chula
. Vista, . mUDicipoj calJ'ontiou (heroinaflao "City'') in the CQunty of Sill Di..llo, State of CoIifornia, ""d all
COlllrllcron, subconlrac'lon:, laborers, materialmcu and other persons .mployed in ill" porfornlilnee oi the
af"",uid P..",it aJlC!. ref.Ired to in the afonosi>icl Cod. of Civil P",CedlU': ill II", sum of'
Om.EUDdJ...dIl'ift..,.'1'h.oQll.ll."d"P'Mll.Hundy.rl'P'orn-. doll~ ($ 150947.50 '. ). l.uwrwlnoJ1ey of
the United SlatC3, for material> fumish.d or labor thereon of any kind, ex- for ""'auntS due: under tilo
Unemj>lQymOl'1 I=....~ Ad with ""Peer to such werle or labor, that ...,;d S""'ty will pay the Sllnll> ill ""
1Illl"""1 not """"odillg tho "",0"",' l><Rin.bqve $et fbrtll, and also in ea.e ...it tS brought upon !hi< bond, win
P"J', in oddi~o>, lathe i."" "",otlnt the,eof,. costs and reasonable "",,,,,"'.s amI f.... .includiJig t'l:'l$ooable
attorney's li::cs, in=d by City jn ...."'...cully ""f"tcing: such obligation, to be awarded and fi".d by the COIlrt,
ond to b. taxod .s costs ....d 10 1>0 m..luded in thc judsmCllI thereill _d"",d. .
.S.VUl ..d 6(1fl00t.b.
[\ i. h=by =FOSSl,. stipulated ..1<1 a!l:~ that lIIis bond shall ioUn to the benefll of any IIlZd aU .
penOllS, oompOIIie. ""d carperalio"" entitled to rue d lOin,. untler Title (~ C.omn,e"cillg wit\! Section 3032), Pllrt
4, Division 3, of the Civil Cocle, $0 .s 10 gi"" . tight of ..tion 10 them or theIr ....igns in 1lI1Y suit brought upon
this bend.
IDe CCIIdition of this obligation is ...:11 that if the abvl.-bcnmd Principal, his or its heirs, ex=.1cr!l,.
cdmillistratl;lQ, ....eesson or assigns, s!lOn in alll:hUrgs .umd lD ""d abide by, lIJ1d well O1.d ttuly ketop and
penoma. the tennst c.oV'enmts, 00ll<UtJOI1!, and provision) of said Pe:rmlt ~l\d the subseqlJCUt Agreement, which. is
inCOIpOrlIl"d hen:in ana any .It.ration tllereof mado os lberein provided, Oil his or dUlU'.jllI<t, 10 b. Jeepl and
perfonned at the lima end in lh. D1 "'met' th...,;o opocified, as to insrallctioll "'Id complelion of scid. plIbl,c
Iml'roveD~eJ1ts both prior to .&Ind subscquelu to City approval of the AgreeJ,-ne:nt and ill .all respects iJccorcUflg to
4-21
Rug 30 2007 3:56PM
Oakwood Dev=lopment
519-397-0418
p.S
AUG-30-2007 16:11
P.04
l;beir true intent ,nd m....une. .and shall indemnify and saV..llaZlIllcss Qty, its ~11"lI'l<l""S, 'gents IlI1d employeltS, as
tI=ein stipnla"'d. tbon dUo obJi&'ticm shall bc=. nulllll1d VQid; otl>aWioe, ~ shall b.. and remain. in fllll fc=
and effect. .
Tho Santy bcroby stipgllllllll and agIOes thill 00 0&""8', OXIel1$ion of fun,", alk:nltiOll err &dditio" Itl tlm
1"OI1l1$. of Ill.. l'"""il or the Aereemenl Qr to. the worl< tc be Jlerform<!d dter=der or Ib.. .pecffication.
accompanying Ib.. Sllll>oC shall in ..1)'Wise off"", its obligations Oll tbis bond, ""cl it do... bcr:by.waive noli"" of
any such =..,&e, OlClonsioll of lime, ab.ation or oddi!",n to th.. tmllS of Iho Pe....il or the Ap-ecm.l!:Ill or to the>
work or to the spocificalians .
.As pori of lit.. obJ;,alion s=un:d he",bl' md in adclitiOll to the race amount ""ocilied th..refbt, lhere .hall
be in=,ded. cosa lIRd r=sona1>le ""PlOD'''' and r...., and including reasonabl.. attcrJIlOy's r....., ille~ by City
in JUecessfllll;y enfion;n'g o1JCh obliglltion;aU Ie be taxed IS coots and iAeludcd in llnJ'iudsm=>1 RIldcrcd.
In .dditiQll to U,e sets bonded fer pullUm' to tbe Permir ineOJ'flOl"llcd above ..,d In 'OlJllS, c:onditicns
and lllDvisioll! of !be Agrcllllel.l, the follcwilli: acts 4Ud pmonnm.o. .... additioun,. .abject to IDe _. of .
this bond: .
NA
IN WITNESS WHEREOF, al;. lnstrmn.,.,' h.a. been duly ""oculed by die Prilleipal mid Surely ""ow
..an.ed, an Jail""')" 11th _ 20~.
Otay Ranch Fourteen_ LLC
Nll'''. of Principlll (AppliClllu)
Arch 1nsl.lrance CCUlpany
Name of Surety Com pony
~
By
Jane Xepner, AttozJoey'in'P'ad
135. North Los Robles Avenue, Suite 825
Addnl.. of" Surety CompllD)I
Pasadena, CA 91101
City Stm: Zip Cod.
By
Bood/PoJicy No.
AIlO~-SlGNATORlES MOST BE NOTARIZED
APPROVED AS TO FORM:
Cily Anomcy
J:\t::.J1ainuU..ANDDEV\FO'I'J,ID ..omcia).Bands\Soud Mslc.nelA r.lbor Prlorto SIA,dt)c:;
TOTAL p, El4
4-22
I!""'" ., ~ I''''''''. T
.~ Y~~?rd{'~ !'
i' ,. ,j "-4' ~ ~
.ii1 ......r.. ::/. ..."-,",
" ell
-executed ill uiplicate
BOND FOR FAITHFUL PERFORMANCE
(To Be Used With Construction Permit)
File No OK 906 C-
Bond No.: SU5023882
PremiUJ!" $198".00
WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to
Otav Proiect 1.. P. (hereinafter "Principal")
Construction Permit No. 0 t<. -0 06 c. (hereinafter referred to "< "P.mrif) for the public imurovement
work as se!forth in more detail on City ofChula Vista Drawing Nos. O'Z039-o/through 02.f:.'5C}-j y
regarding construction of certain public improvements for the project known as
Otav Ronch Villa~e 6 East Traffic Signal @ East Palomar & View Park . whi ch
Permit is hereby referred to and made a port hereof; md,
WHEREAS, said Principal is required under the terms of said Permit to furnish a bond for fai1hfu1
performlllJce of said public improvement work.
NOW THEREFORE, we, the Principal and Arch Ins1lr<W.ce COlllPallV
. a corporation of the State of
Mi"innn . (hereinafter "Surety''), are held and finnly bound unto the City of Chula Vista, a
municipal corporation (hereinafter "City'') in the County of San Diego, State of California, and to and forfue benefit of
any 8l1d all persons who may suffer dan1ages by breach of the conditions hereof in 1I1e penal SlID1 of
Sixty Six Thousand 011e Hmldl'ed Twenty Five dollars, ($66,125.00 ~,Iawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors
and administrators, jointly and severally, finnly by these presents.
The condition of this obligation is such 1I1at if the above-bolIDd Principal, his or its heirs, executors,
adminislrators,successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the
terms of srod Permit and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the time and in 1I1e ".'.,'..ner therein specified, and in accordance with ordinances and standards of1he
City in force at 1he time of such construction, and in all respects according to their true intent and meaning and shall
indemnifjr and save hannless City, its officers, agents and employees, as 1I1erein stipulated, 1hen this obligation shall
become null and void; o1herwise, it shall be and remmn in full force and effect
As part of the obligation secured hereby and in addition 10 theface amolIDl specified therefor, there shall be
included costs and reasonable expenses and fees, and including reasonable attorney's fees, incurred by City in
successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered
The Surety hereby stipulates and agrees ihat no change, extension of time, alterati on or addition tc fue terms
of smd Permit or to the work to be performed 1hereill1der o~ the specifications accompanying the same shall in
anywise affect its obligations on this bond, and it does hereby ",,"YB notice of any such change, e>.tension of time,
alteration or addition to the terms of the Permit or to 1I1e work or to the specifications,
In addition to the acts bonded for pursUlll1t to the Permit incorporated above, the following acts and
performances are additionally subjecllo ihe terms of this bond:
4-23
N/A
IN WITNESS WHEREOF, Ibis instrurnenthas been duly executed by the Principal and Surety abovenamed,
on Angn"t 90th 1 20.-0.1...-.
Otav Proiect. L.P.
Name of Principal (Applicant)
~'\.rch Insmdllce Company
N_::~~
e Kepner. AttonleY-lll-Fact
By ~/";/"; >ltt~rhpn <;1g:J1:'Ihn"1'" hlnrk
By
] 35 NOlth Los Robles Avenue, Suite 825
Address of Surety Company
SU5023882
BondIPolicy No.
Pasadena, CA 91101
City Stale
Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
City
J:\EngjneeflLANDDEV\Forms-Official\Bonds\Bond Faith Perf Constr Permit.DOC
4-24
(Attachment to Bond)
"Developer"
OTA Y PROJECT L.P.,
a California limited partnership,
By: ORIOLE MANAGEMENT, LLC,
a California limited liability company,
its General Partner,
BY:
/~ 2] -c)1
Date
.lkenny
E . ecutive Vice President
4-25
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
\
c..
,
On
ames)otSlgner(s)
~ personally known to me
B proved to me on the basis
evidence
of satisfactory
I~- :":~~=:3- ~
1_ IlcIaIV NllIc - CaIIIarOa ~
j---~~~~~
to be the person(jj whose nam~) G~
subscribed to tne wit' instrument and
acknowledged to me . e ~/th'[1 executed
the same in isl r/tt1ei? ~thOrize~
capacitYii~ an tHat 6y &p6'r/thjillr
signatun![;r~n the instrument the perso~), or
the enti~ upon behalf of which the person(s)
acted, exe instrument.
.'
OPTIONAL
Though the information balow is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
I
"
I
Description of Attached Document
litle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
.
Top 01 thumb here
o Indlviduai
o Corporate Officer -litie(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
It: ~
C 1999 Na~onal Notary Associatlon . 9350 De SotoAve., P,O. Box 2402 . Chatllworth, CA 91313-2402' www.nallonahwtary.crg
Prod. 1>10.5907
Aeordllr:CalIToll-Free 1-6Q0.876-6821
4-26
State of California
County of Orange
ACKNOWLEDGEMENT
On
AUG 2 0 2007,
before me, J. Barragan, Notary Public
(here insert name and title of the officer)
personally appeared
Jane Kepner
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( s) whose
name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.~ - - - - - -J.-v,;RA7;A~ - - r
. '@ Commission # 1635125 r
WITNESS my hand and O~ffiC . -, Notary PUblIc. California ~
Orange County
Signature My Comm. expires Jan 5. 201
~
(Seal)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDiVIDUAL
o CORPORATE OFFiCER
o PARTNER(S)
o
o
o
o
T1TLE(S)
o LIMITED
o GENERAL
TITLE OR TYPE OF DOCUMENT
ATTORNEY-iN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(JES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GE 1/06
EXH~B'T
"
1:)
"
executed ill uiplicate
File No.: D /l... 906 C
Bond No.: SU5023882
Prenilum: itldm]ell in pTenUtDll chaIg~
fOT .PedOllllallCe Bond
BOND FOR MA TERIAL AND LABOR
([0 Be Used With Construction Permit)
WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to
Olav Proieet, L.P. (hereinafter "Principal")
Construction Permit No. D /2.. C) 0 6 C (hereinafter referred to as "Permit") for the nllbJic
improvement work as set forth in more delail on City of Chula Vista Drawing Nos, .oz.o3e>.-o I
through 02..0~'1-1't . regarding construction of certain Dublic improvements for the pr~j~ct known
as Olav Ranch Vill.~e 6 East Traffic Signal @ Easl Palomou' & View Park ,
which Pennit is hereby referred to and made a parr hereof; and,
WHEREAS, under the lerms of said Perrni~ Principal is required, before enlering upon the
performance of the work, to file a good and sufficient payment bond ",ith the City of Chula Vista to
secure the claims to which reference is made in Title 15 (conm1encing 'With Section 3082), Part 4,
Division 3, of the Civil Code of the State ofCalifomia.
NOW THEREFORE, said Principal and Arch blSlu-ance COlllPOUW
. a corporation of the State of
Missolm . (hereinafter "Surety"), are held and firmly bound unto the City of
Chula Vista, a municipal cOlJloration (hereinafter "City") in the County of San Diego, State of
California., and all contractors, subcontractors, laborers, materialmen and other persons employed in
the performance of the aforesaid Permit and referred to in the aforesaid Code of Civil Procedure in the
sum of Sixty Si.'I: Thousand One H1Uldred Twenty Five dollars, ($ 66,125,00 ), lawful money
of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act ,,,ith respect to such work or labor, that said Surety will pay the same in
an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this
bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be
awarded and fixed by the court; and to be laxed as costs and 10 be included in the judgment therein
rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and
all persons, comparies ard cOlJlorations entitled to file claims under Title 15 (commencing with
Section 3082), Parr 4, Division 3, of the Civil Code, so as 10 give a right of action to them or their
assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and
void, othemise, it shall be ard remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of said Permit or to the work to be performed thereunder or the specifications
accompanying the same shall in anY'l'ise affect its 0 bligatioDs on this bond, and it does hereby waive
4-28
N/A
IN WITNESS WHEREOF, this mslrutnent has been duly executed by the Principal and Surely above named,
on AIlg:ll<:t Q()th . 20~.
Otay Proiect. L.P.
Name of Principal (Applicant)
A..rch Insurance Company
Name of Surety Company
By' (/~ ~~-/~
#'
J~e Kepnel", .-"\.ttol'ney-iu-Fact
By <:l"':l"': ~tbc:hf"n <;lVl~tTlI"l": hlorlc
By
135 North Los Robles Avenue. Su.ite 825
Address of Surety Company
SU5023882
BondIPolicy No.
Pasadena, CA 91101
City Slale
Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM
City Attorney
J:I.Engineer\LANDDEV\Foons_Official\Bonds\Bolld Faith Perf Constr Permit.DOC
4-29
(Attachment to Bond)
"Developer"
OT A Y PROJECT L.P.,
a California limited partnership,
By: ORIOLE MANAGEMENT, LLC,
a California limited liability company,
its General Partner,
BY: ~~7
Executive Vice President
r-21-()7
Date
4-30
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
"',~~
'"
I.'
State of California
County OfS().~,., \):1 I~
On ,Ii ,;: i)T ,I': .:J::l/)before me,
fflt, Dma~ !. '
, \'
personally 'appeared !
ss,
Name(s) fSlgner(s)
N!(,ersonally known to me
iJ 'proved to me on the basis of satisfactory
evidence
to be the person(~ whose nam.{s"}@a/
subscribed to t~~', ith' "inst";ll'ent and
acknowiedged to me e' e/tzey executed
the same in . j '. r/t ~r &_uthoriz8;:f
capacitY~i . and at by@ferith6ir
signatur on t' ment the person~. or
the enti up n behalf of 'ch the person~
acted, ej'uted the instrume .
WITNr~S my ha n off' al se
"
1
I,
j~--~~~7=~-F
J NcIQy N:fIc - CciIIIoIna ~
$en DIIIgo CCU1Iv -
, _ _ _ ~~_~_~1:~
I'
I'
"
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent remova(and reattachment of this form to another document.
[,
Description of Attached Document
Clie or Type of Document
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
I'
o individual
o Corporate Officer - Title(s):
o Partner - 0 limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Top a/thumb here
1
I,
Signer Is Representing:
~ ""do
Cl19S9 National Notary Associalkln' 9350 D.. Solo Av..., P.O. Box 2402' Chatswcrth, CA91313-2402' www.nationaJnotaIy.crg
Prod. Nc. 5907
~.'
Reorder: Call TclJ.Ffge 1-800-876-6627
4-31
State of California
County of Orange
ACKNOWLEDGEMENT
On
;,UG 2 0 Z007.
before me, J. Barragan, Notary Public
(here insert name and title of the officer)
personally appeared
Jane Kepner
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.J - - - - - - - - - - - - r
WITNESS my hand and OffiC~ial . - @ com~Isss:.~~~5125 r
~ -e Notory Public. Colllomla ~
J Orcnge County .,
Signature __ J _ _ _ ~:~.:..Ex~lr~J~n5.:.2~'1
(Seal)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
8 LIMITED
GENERAL
o PARTNER(S)
~
o
o
o
ATTORNEY-iN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
4.."l?
S-4067/GE 1/06
POWER OF AlTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Rhonda C. Abel, Jeri Apodaca, Jane Kepner, Nanette Myers. Mike Parizino, James A. Schaller. Rachelle Rheault, and Linda
Enright of Irvine, CA (EACH)
lis true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as Its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note. check, draft or leiter of credit
This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth' herein.
The Company may revoke this appointment at any time.
The execution of such bonds and u~dertaklngs in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the s;jme had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas citr"Mj~ii:@_~.,;. ":,, ;;,:",.. ':' ,
;'~~i;:'" r '!q~ -=,,*l~!..::J~:~ :,:;:'}:...:.::.,~;~I":"J'~'
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effeel:
'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and flied with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company; and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company. and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed. sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOMLOO 13 00 03 03
Page 1 of 2
Printed in U.S.A.
4-33
In Testimony Whereof, the Company has-caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 31st day of Julv ,20.07
Arch Insurance Company
Attested and Certified
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
I Peter J. Calleo, a Notary Public, do hereby certify that Edward M, Tilus and Martin J. Nilsen personally knewn to me to
be the same persons whose names are respectively as Vice President and Secretary of Ihe Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sea/ed with the corporate seal and delivered the said instrument as the free voluntary act said corporation and as
their own free and voluntary acts fer the uses and purposes therein set fortih.
PETER J. CALLEO, ESQ.
Notary Public. Stall of New Yo'"
No. 02CA61011338
O",llfled In New Yorl< CoUllty Pe r J.
Commission Expires May 3, 2008 My commiss
CERTIFiCATION
I, Martin J, Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Pewer of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the dale of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
This Power of Attorney limits the acts of those named therein 10 the bonds and undertakings specifiCally named therein
and they have no authority to bind the Company except in the manner and to the eXlent herein stated. -
PLEASE SEND ALL CLAiM iNQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractons & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
OOML0013 00 03 03
Page 2 of2
4-34
Printed in U.S.A.
CAUFORNIA ALL.PURPOSE ACKNOWLEDGMENT
';f'~~&"'~~~^~..5:"~..F.<:"~'&.;C(.'~~...6(.'R!<'~...et."..cr~~~.?<-'.e<-~..e<:'.ec-.&-~..P.C~~~..ec~~~1
@ ~
~ @
~ Stale of California } ", ~
~ CJ 00 ~
~ County of (~~q ~
~ 1_,:\ Pcd 11/1 ~
:.;<J....,:.. on~~r .2J::jj7 before me, a-L 17Dich::,+t>i(1, iY"{\~rJo<!::tl;' Bi,'.';
<;;; Dall N;lII'\Q Mlll'Tl1lll ciOlllcl)riQ.g~ "Jat\eOoG,1l11lary Public") ~
~ personally appeared (l ;;:,,\'h<l'ri:('<l' ~. Vi ~ i C ~16 ,~
~ ~ci_~ ~
~ ilt1fersonally known to me @
@ 0 proved to me on the basis of satisfactory @
I -~ I
~. :.' to be the person(... whosa nam~ is/..... '..~,:.:
~i .-. - - - - .-. - ..... - - - -- f subscribed to the within instrument and ;~
~ l NICOLE l. RElCHstaN r acknowiedged to me that ~she/~ execuled ~
~ 1@ Commlsolon # 1621451 i the same in l>lGIher/_ authorized @
'~,~.'.:' ~t' NoIaryora~C':~~~d- c~paCtity(;::), thend that tbtYh -l;ieIhe~~ ~~.,',
' ....- ---, signa ure,..,-on e Instrumen e parson,.." or ,
.rj _ _ _ _My~_~_~l~ the entity upon behalf of Which the person~ 2:lJ
~ - - - acted, executed the instrument. ~
~ WITNESS my ~and and official saal. ~
~ A--" ~ a.JAA- ~
~ Sl~R1oINola",l't.ib... ~3
~ ~
~ ~
@ OPTIONAL !i5
't.i Though the information below is nor required by law, it may prove valuable /0 pefSons relying on the document and could prevent ~
~ lraudulenl removal and reallachmen/ of this form to another document. ~
~ Description of Attached Document 2
~ ~
~ TItie or Type of Document: ~
~ Document Date: Number of Pages: ~
@ Slgner(s) Other Than Namad Above: ~
~ Capacity(ies) Claimed by Signer ;~
~ @
~ Signer's Name: ~
~ ~
~ 0 IndiVIdual ~
~ 0 Corporale Officer - litJe(s): ~
~ [J Partner - 0 Limited 0' General ~
~ CJ Attorney-in-Fact ~
:g [J Trustee @
~ 6 ~~:~ian or Conservator ~
~ Signer is Representing: ~
~~~~9,.'~;;"";'''<:;''''_~~;''<;<'<;;9;"~1;~,,,,;,,;<..,,",,:,,<..='<R~"""~~-~~~~.g;~"",="",_,,jl
<:l19~9 N.1l!ClI'liJI NClary A~~DCi;l.lion' 9350 Oll SIlIO ,'ve.. P.O. B"" 2~' ChntswlIntl. CA 91313-2.102' r,-.7W.rrnticnllJl>ll1ary,c'!l Pred. No. S!lC7 Rtlll.dllr: Call Tal~Fl'llo l.eOO.&;;;.GW
4-35
executed in triplicate
EXHiarr
-'
II E .,
I I FU,No., o(,)Di>,f
SURVEY MONUMENT INSTALLATION BOND Bond No.: :,(J502,.93+
Premium: $ 1 00.00
LET IT BE KNOWN BY THESE PRESENTS, that Ota'l Ranch Fourteen LLC
as the subdivider (hereinafter
"Principal"), and Arch Insurance r ompan,!;!
a corporation of the State of
Missouri (hereinafter "Surety"), are held and firmly bound unto the City of
Chula Vista, a municipal corporation (hereinafter "City"), in the County of San Diego, State of
California, and to and for the benefit of any and all persons who may suffer damage by reason of the
breach of the conditions hereof, in the penal sum of
_F our Thousand and 00/1 ooths dollars ($+.000_00 ) lawful
money of the United States, to be paid to City.
WHEREAS, Principal is presently e\!j1aged in subdividirli certain lands to
Chula vista T raet No. 05-1 6 OtaS J\.anch Village 6 IVlar9uis Unit 1
_ subdivision in the City of Chula Vista; and,
be knO\Yn as
WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement
approved by City Council Resolution No. (hereinafter referred to as
"Agreement") whereby Principal agrees to install durable survey monuments for said subdivision,
which said Agreement, dated ' 20_, and identified as project
Ot"s r>>n<eh \/ill;;,,"," f, r-,A;;r9"j~ LI nit 1
~ .
. IS hereby referred to and made a part hereof; and,
WHEREAS, Principal desires to not install durable survey monuments prior to the recordation
of the final map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal shall have
installed durable monuments of the survey by J:junsaker 5- Associates
(Nllmc afLiccns(ld Civil Engineer or Land SlJ.I'VCyor)
in accordance with the final map of said subdivision, a copy of which said map is hereby made and
same is incorporated herein as though set forth in full, and according to the ordinances of the City of
Chula Vista in full force and effect at the time of the giving of this bond, on or before the expiration of
thirty (30) consecutive days following completion and acceptance of public improvements within said
subdivision as specified in said Agreement, then the obligation shall be void, otherwise to be and
rermin in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable e:qlenses and fees, and including reasonable attorney's
fees, incurred by City in successfully enforcing such obligation, all to be ta,<ed as costs and included in
any judgment rendered.
4-36
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on AU!1;ust 29th , 20~.
=-:-;:i.-:'};,;':':=__m:~~';:':-;':":';':-;;';':vW..;.o;.;.:~,~.,.~;,.w:{':,:.:.:;',:,:<<=;,;*,;':';'~='>>=l*r<<__;m;,=~:;:,;':'X';*:m";':';';';';;:':-;~v:>>m:~:.;.y,:;.::.>>:.y.Z~:":.;)-:.}~;-m:.:~_:.:vWM,."V':,:?:>>>:{.:.;.:.m:w;;,,%w:~:':=-::1':;:':':':-:*:;<<'>>>>I;.}:;.:<<,=
0+"'3 F>n~h F"rrrt"...n LLC
Name of nncipal (Applicant)
.A..-h Jn~lIr;;;,n("'.... C(")mr~n3
Name of Surety Company
By ;;:;!~ h~
Jane Kepner, Attome!;l-in-F act
~ 05 Robles Avenue, ,Suite 825
Address of Surety Company
B
I.S~ "k":o
By
SU502797+
Bond/Policy No.
f asadena
City
rA
State
91101
Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
''';;-:':~~;;-'::;':;-:<~':':H::~,;,>:-:.;;:::,:,,,,~;~:.~>><,~,,:~::;,;%:::,:::;<:1<>;AA<:m.I.<<,w::_':w,~<;::::~~,:m<:;Xl>;:::.$~~,;;:;:m:.,,:;;\<<<,;;';~<<X".<:"'<":'.::::'~":"':::<<;:';'::~"::,,:.,::::::,:,,:.x:::->::..:::,:"'<;m:::;;',:,~-::::::::,:x:w~~:,:",:::m:::;;,;,9-'~~~':::'::'l:::;:',<:.:::,:,;::::::::-<..:;;;,
APPROVED AS TO FORJVI:
City Attorney
J:\ Engineer, LANDDEV\Forms -Offici.a[l.El)nds\Bond Monuments.doc
4-37
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Com~ny, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the 'Company") does hereby appoint
Rhonda C. Abel, Jeri Apodaca, Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelle Rheault and Linda
Enright of Irvine, CA (EACH)
its true and lawful Allomey(s)-in-Fact to make, execute, seal, and deliver from the date of issuance of this power for and
on Its behalf as surety. and as its ael and deed:
Any and all bonds and underiakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or coneelion of any promissory note, check, draft or letter of credit
This authortty does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authortty as set forth. herein.
The Company may revoke this appointment at any time.
The execution of such bonds and u!1dertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the 5;!me had been duly executed and acknowledged by its
regulartyeleeled officers at its prtncipal office in Kansas C"r~,M~;..;. :., ~,:..., .,:; _
~::~r-.. f '!~~ ....~t~UJ!3 ....~_":.:~.;..:~!'1..J,,...
This Power of Attorney is executed by authortty of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003. true and accurate- copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect
'VOTED. That the Chairman of the Board, the President, or any VICe President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obngatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power _ of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by. the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated In wrttlng and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so exacuted, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 0303
Page 1 of 2
4-38
Printed In U.S.A.
In Testimony Whereof. the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 31st .dayof Julv . 20.07
Attested and Certified
Arch Insurance Company
~,~
Marlin J. Nllse
C~
STATEOFNEWYORK SS
COUNTY OF NEW YORK SS
I Peter J. Calleo, a Notary Pubfic, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the Stale of Missouri, subscribed to the foregoing instrument,
appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free voluntary act said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER d. CALLEo, ESQ.
NClaIy PullIlc, State of New York
No. 02CA6109336
Q">llfled In New York County
Commission Expires May 3, 2008
CERTIFICATION
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person( s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President. was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY \f\iHEREOF', J have he.reunto subscribed my name and ~J: corpo
Company on this day of AUG 2 0 ZOOT 20_. / ~~
Martin J. Nils
I of the Arch Insurance
This Power of Attorney limits the acts of those named therein to the bonds and undertakings speclfically named therein
and they have no authority to bind the Company except in the manner and to the extent herein staled.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
OOML0013 00 03 03
Page 2 of2
4-39
Printed in U.S.A.
ACKNOWLEDGEMENT
State of California
County of Orange
On
AUG 2 9 2007
before me, 1. Barragan, Notary Public
(here insert name and title of the officer)
personally appeared
Jane Kepner
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s} whose
name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies}, and that by his/her/their signature(s} on the instrument the person(s), Dr
the entity upon behaif of which the person(s} acted, executed the instrumenll~- - - - - " J.~a,;RA~;; - ~ f
WITNESS my hand and Offi~Cial s 1 ,_. . Commls3lon # 1635125 r
! . -e Nolory Public - Collfomlo ~
J . Orange County [
Signature _____ J _ ~~ _ ~;O~:Ex~]te~J~n5,:20.2Ql
(Seal)
OPTIONAL
Though the data beiow is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
B LIMITED
GENERAL
o PARTNER(S}
~
o
o
o
ATTORNEY-iN-FACT
TRUSTEE(S}
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITf(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
$-4067/GE 1/06
4-40
FRP
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~{ccl\\'I\~b~, \(){
Ann Moore
City Attorney
Dated:~?T t",,) 1.C',o!
Supplemental Subdivision Improvement Agreement
Between the City of Chula Vista
and
Otay Ranch Fourteen, LLC,
for Otay Ranch Village Six Marquis Unit 1
OR-908F
4-41
EXH\B\T if
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
)
)
)
)
)
)
)
)
)
)
)
)
)
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
)
)
)
Developer
)
Above Space for Recorder's Use
OR-908F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE OTA Y RANCH VILLAGE SIX MARQUIS UNIT 1
(Resolution No. 2005-347 (Amended Tentative Subdivision Map): 2,
3, 13, 17, 18,22,23,24,25,26, and 30)
(Resolution No. 2002-089 (Tentative Subdivision Map): 1,2,3,4,5,
10,11,12,13,19,20,25,33,34,48,50,53,60,62,66,69,81,93,
99,104,105,106,122,123,128,134,154,155,156,157, 158, 165,
170,174,179,180,181,182, and 183)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day
of , 2007, by and between THE CITY OF CHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and the signators of this Agreement, Otay Ranch Fourteen,
LLC., a Delaware Limited Liability Company ("Developer" or "Grantor"), with reference to the facts
set forth below, which recitals constitute a part of this Agreement:
1
4-42
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of Otay Ranch Village 6, a master planned development. For purposes of this
Agreement the term "project" shall also mean "Property". Developer has applied for a fmal map for
the Property, more specifically known as Otay Ranch, Village Six, Marquis Unit I.
B. Otay Project L.P. conveyed title to Otay Ranch Fourteen, LLC., on May 16, 2006.
C. Developer and/or Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 02-05 ("Tentative
Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2002-089 ("Resolution") on March 26, 2002, pursuant
to which it has approved a Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. The City has adopted Resolution No. 2005-347 ("Resolution") on October 11, 2005, pursuant
to which it has approved an Amendment to the Tentative Subdivision Map subject to certain
conditions as more particularly described in Resolution.
F. City is willing, on the premises, security, terms and conditions herein contained to approve
the fmal map of the property known as Otay Ranch, Village Six Marquis Unit 1, as being in
substantial conformance with the Tentative Subdivision Map described in this Agreement.
Developer understands that subsequent fmal maps may be subject to the same security, terms and
conditions contained herein.
G. "Notice of Decision" means the Design Review Committee fmdings and conditions for case
number DRC-06-64.
H. The City has adopted an agreement for monitoring of building permits, Resolution No. 2003-
067 on April 15, 2003 ("Monitoring Agreement"), pursuant to which the number of building permits
within the Tentative Subdivision Map is limited to construction ofSR125.
1. The following defmed terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Map" means the final map for
aT A Y RANCH VILLAGE SIX MARQUIS UNIT 1.
2
4-43
2. "Owner or Developer" means the person, persons or entity having a legal or an
equitable interest in the property or parts thereof and includes Owner's successors-in-interest and
assignors of any property within the boundaries of the map. This includes Otay Ranch VILLAGE 6
MARQUIS UNIT 1, L.L.C., a Delaware Limited Liability Company, and any and all owners ofreal
property within the boundaries of the Property.
3. "guest builder" means those entities obtaining any interest in the Property or a
portion of the Property, after the Final Map has been recorded.
4. "PFFP" means the Otay Ranch Village Six SPA Plan Public Facilities Finance
Plan adopted by Resolution No. 2002-022 as may be amended from time to time.
5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4, 1996, as may be amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with
the duties and responsibilities described therein.
7. "Village Six SPA" means the Village Six Sectional Planning Area Plan as
adopted by the City Council on January 22,2002 pursuant to Resolution No. 2002-022.
8. '''A' Map Agreement": means the SSlA for Village 6 Unit 1 'A' Map No.1
approved by Resolution No. 2002-335 and its Amended Resolution No. 2005-347.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon
and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties public or
private, in whose favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
3
4-44
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project to a guest builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
obtain the written consent of the City to such release. Such assignment to the guest builder shall,
however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant
running with the land. The City shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the
obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City,
its ability to perform its obligations under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of
the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction of the City and
such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder
of the Burden will not be completed.
e. Release oflndividual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to
a buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association.
The City shall not withhold its consent to such release so long as the City fmds in good faith that
such release will not jeopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee), which confmns the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
4
4-45
1- RESOLUTION NO. 2005-347 (AMENDED TENTATIVE MAP)
1. Condition No. 2- (Mitigation Measures) In satisfaction of Condition No.2 of Resolution
No. 2005-347, the Developer agrees to implement, to the satisfaction of the Director of Planning and
Building and the Environmental Review Coordinator, all mitigation measures identified in the Final
Mitigated Negative Declaration (1S-04-035) and Mitigation Monitoring and Reporting Program in
accordance with the requirements, provisions and schedules contained therein. Modification of the
sequence of mitigation shall be at the discretion of the Director of Planning and Building and
Environmental Review Coordinator should changes in circumstances warrant such a revision.
2. Condition No. 3- (Parkland Obligation) In partial satisfaction of Condition No. 3 of
Resolution No. 2005-347, the Developer agrees to Irrevocable Offer to dedicate its Parkland
Obligation prior to approval of the Final B Map for Otay Ranch Village 6 Marquis Unit 2, Planning
Area MU-l toward its Community Park acreage obligations adjacent to areas previously dedicated in
future Otay Ranch Village Two.
3. Condition No. 13- (Required Fees) In satisfaction of Condition No. 13 of Resolution No.
2005-347, the Developer agrees to pay all applicable fees based on the fmal building plans
submitted, such as Sewer Connection/Capacity Fees, Traffic Signal Fees, and Development Impact
Fees.
4. Condition No. 17- (Site Distance Obstruction) In satisfaction of Condition No. 17 of
Resolution No. 2005-347, the Developer agrees that no visible obstructions (slopes, trees, shrubs,
walls, etc.) greater than 3.5 feet measured from street grade, or lower than 6 feet above street grade,
shall be placed within sight distance lines at all comers. Sight distance lines, per City ofChula Vista
Municipal Code, will be required on all plan submittals (grading, improvement, and fmal maps).
5. Condition No. 18- (Meeting ADA Standards) In satisfaction of Condition No. 18 of
Resolution No. 2005-347, the Developer agrees that all proposed sidewalks and walkways, including
those within or outside the public Right-of-way, pedestrian ramps, and disabled parking shall be
designed to meet ADA standards.
6. Condition No. 22- (Storm Water Management) In satisfaction of Condition No. 22 of
Resolution No. 2005-347, the Developer agre~s that the Development of the project shall comply
with all applicable regulations established by the United States Environmental Protection Agency
(USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit
requirements for urban runoff and storm water discharge and any regulations adopted by the City of
Chula Vista pursuant to the NPDES regulations or requirements. Further, the Developer shall file a
Notice of Intent (Nor) with the State Water Resources Control Board to obtain coverage under the
NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall
implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement
of grading activities. The SWPPP shall include both construction and post-construction pollution
5
4-46
prevention and control measures and shall identifY funding mechanisms for post-construction and
permanent control measures.
7. Condition No. 23- (SUSMP Requirement) In satisfaction of Condition No. 23 of
Resolution No. 2005-347, the Developer agrees that the Development of the Mixed-Use project is
subject to the requirements of Section F.1.b. (2) of the NPDES Municipal Permit concerning
Standard Urban Storm Water Mitigation Plans (SUSMP), and Numeric Sizing Criteria. The
applicant shall comply with those requirements in accordance with the City ofChula Vista SUSMP.
8. Condition No. 24- (Water Quality Report) In satisfaction of Condition No. 24 of
Resolution No. 2005-347, the Developer agrees that a water quality study is required to identify
potential storm water pollutants generated at the project site during and after construction, and
propose Best Management Practices (BMPs) to reduce those pollutants to the maximum extent
practicable. The Applicant shall be required to complete the applicable Storm Water Compliance
Forms (5500 series forms) and comply with the City of Chula Vista's Storm Water Management
Standards Requirements Manual (Standards Manual) as directed therein.
9. Condition No. 25- (BMPs Requirements) In satisfaction of Condition No. 25 of Resolution
No. 2005-347, the Developer agrees to implement BMPs to prevent pollution of storm water
conveyance systems located in the public right of way, both during and after construction.
Permanent storm water BMPs, including required site design, source control and structural treatment
measures shall be incorporated into the proj ect design, and shall be shown on an approved site
improvement plan. Required construction and non-structural BMP requirements that cannot be
shown graphically, and on-going maintenance and implementation of BMPs and source control
measures, shall be described in the project's SWPPP.
10. Condition No. 26- (General Preliminary) In satisfaction of Condition No. 26 of Resolution
No. 2005-347, the Developer agrees that himself or an approved private entity by the City, shall
operate and maintain the project site including the approved construction, post-construction and
permanent BMPs in a manner that minimizes the introduction of pollutants to the public streets and
storm drain systems to the maximum extent practicable. The applicant shall demonstrate to the
satisfaction of the City Engineer that the proj ect site will be maintained in accordance with the
SWPPP.
11. Condition No. 30 (Affordable Housing Agreement) In satisfaction of Condition No. 30 of
Resolution No. 2005-347, the Applicant agrees to execute an affordable housing agreement with the
Housing Division to determine the exact number and location of units within the residential
buildings that shall be deemed affordable housing units within the 1 58-unit condominium map prior
to the recordation of the Final B Map for Otay Ranch Village 6 Marquis Unit 2, Planning Area MU-l
6
4-47
II-Resolution No. 2002-089 (Tentative Subdivision Map)
1. Condition No. 1- (General Preliminary) In satisfaction of Condition No.1 of Resolution
No. 2002-089, the Developer hereby agrees that all of the terms, covenants and conditions contained
herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Developer as to any or all of the Property. For purposes of this document the
term "Developer" shall also mean "Applicant".
2. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of Resolution
No. 2002-089, the Developer agrees to comply with all requirements and guidelines of the City of
Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape
Manual; Chula Vista Design Manual; Design Review Committee, Notice of Decision DRC-03-50,
Otay Ranch General Development Plan, Otay Ranch Overall Design Plan, adopted on March 14,
1995, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable
Housing Plan; Otay Ranch Overall Design Plan; Second-Tier Environmental Impact Report (EIR 98-
01); Otay Ranch Village Six Sectional Planning Area (SPA) Plan and supporting documents
including: Public Facilities Finance Plan; Parks, Recreation, Open Space and Trails Plan; SPA
Affordable Housing Plan; and the Non-Renewable Energy Conservation Plan as amended from time
to time, unless specifically modified by the appropriate department head, with the approval of the
City Manager. These plans may be subject to minor modifications by the appropriate department
head, with the approval of the City Manager, however, any material modifications shall be subject to
approval by the City Council.
3. Condition No.3 - (General Preliminary). In satisfaction of Condition No. 3 of Resolution
No. 2002-089, the Developer hereby agrees that if any of the terms, covenants or conditions
contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained
over time, if any of such conditions fail to be so implemented and maintained according to their
terms, the City shall have the right to revoke or modify all approvals herein granted including
issuance of building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The Developer agrees to be notified 10 days in
advance prior to any of the above actions being taken by the City and shall be given the opportunity
to remedy any deficiencies identified by the City.
4. Condition No.4 - (General Preliminary). In satisfaction of Condition No. 4 of Resolution
No. 2002-089, the Developer agrees to indemnify, protect, defend and hold the City harmless from
and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Environmental Impact Report and subsequent environmental review for the Project and any or
all entitlements and approvals issued by the City in connection with the Project.
5. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of Resolution
No. 2002-089, The Developer agrees to comply with all applicable Village Six SPA conditions of
7
4-48
approval, (PCM 99-15) as may be amended from time to time.
6. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of
Resolution No. 2002-089, the Developer agrees to comply with the terms of the Conveyance
Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City
Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of
Planning and Building.
7. Condition No. 11 - (General Preliminary). In satisfaction of condition No. 11 of the
Resolution, the Developer agrees that should any of these conditions conflict with the Olympic
Parkway Financing and Construction Agreement approved by Council Resolution 19410, the
Olympic Parkway Financing and Construction Agreement shall control
8. Condition No. 12 - (Environmental). In satisfaction of condition No. 12 of Resolution No.
2002-089, the Master Developer agrees to implement, to the satisfaction of the Director of Planning
and Building, all environmental impact mitigation measures identified in Final EIR 98-01
(SCH#2001041033), the candidate CEQA Findings and Mitigation Monitoring and Reporting
Program (Final EIR 98-01), and subsequent Addendum thereto, dated March 7,2002.
9. Condition No. 13 - (Environmental). In satisfaction of condition No. 13 of Resolution No.
2002-089, the Developer agrees to comply with all applicable requirements of the California
Department ofFish and Game, the California State Water Resources Quality Control Board, the U.S.
Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may
potentially impact biological resources, such as clearing and grubbing, the applicant shall comply
with all applicable requirements prescribed in the Otay Ranch Village Six Second-Tier
Environmental Impact Report (EIR 98-0l)(SCH#200l04l033), and Mitigation Monitoring and
Reporting Program.
10. Conditions No. 19 and 20 - (Environmental). In satisfaction of condition No. 19 and No.
20 of Resolution No. 2002-089, the Developer agrees to convey fee title, or upon the consent of the
Preserve OwnerlManager (POM) and any lien holder, an easement restricting use of the land to those
permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the request of the
POM for an amount of land equal to the final map's obligation to convey land to the Preserve.
Where an easement is conveyed, the Applicant agrees to provide subordination of any prior lien
holders in order to ensure that the POM has a first priority interest in such land. Where consent and
subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an
easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an
easement is granted, each tentative map is subj ect to a condition that fee title shall be granted upon
demand by the POM. The Applicant further agrees to maintain and manage the offered conveyance
property consistent with the Phase 1 and 2 RMP guidelines until such time when the POM has
accepted the conveyance property.
8
4-49
11. Condition No. 25 - (Good Faith Coordination). In satisfaction of condition No. 25 of
Resolution No. 2002-089, the Developer agrees to make a good-faith effort to coordinate
development and implementation of the Village Six SPA Plan Area with all other developers within
Village Six including phasing, grading, improvements and dedication ofright-of-way.
12. Condition No. 33 - (Residential Parkways). In satisfaction of condition No. 33 of
Resolution No. 2002-089, the Developer agrees that residential street parkways shall be no less than
7.5 feet in width for the planting area, except as approved by the City Engineer. The Developer shall
plant trees within said parkways which have been selected from the list of appropriate tree species
described in the Village Six Design Plan, Village Six SPA Plan and Landscape Master Plan and shall
be approved by the Directors of Planning and Building, Building & Park Construction and Public
Works. The Developer shall provide root barriers and deep watering irrigation systems for the trees,
as approved by the Director Building and Park Construction and the Director of General Services
Department.
13. Condition No. 34- (street trees). In satisfaction of condition No. 34 of Resolution No.
2002-089, the Developer agrees to install all street trees in accordance with Section 18.28.10 of the
Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved
by the Director of Planning and Building. Street trees, which have been selected from the revised list
of appropriate tree species described in the Village Six Village Design Plan, Village Six SPA Plan
and Landscape Master Plan, shall be approved by the Director of Planning and Building and Director
of Public Works. Prior to the installation of any dry utilities, including but not limited to cable,
telephone, gas or electric lines, Developer agrees to complete preliminary street improvement plans
that show the location of all future street trees, which will be subject to the review and approval of
the Director Building & Park Construction and the Director of Planning & Building. Prior to any
utility installation, wood stakes shall be placed by the Developer on site according to approved
preliminary street tree plans and shall be painted a bright color and labeled as future street tree
location.
Applicant further agrees to provide City documentation, acceptable by the Director Building & Park
Construction and the Director of Planning and Building, that all utility companies have been given
notice that no dry utility line shall be located within five feet of the wood stake in any direction.
Applicant will maintain street tree identification stakes in location as shown on approved preliminary
plans until all dry utilities are in place. A street tree improvement plan, including mailbox locations,
shall be submitted for review and subject to the approval of the Director of Planning and Building
and the City Engineer prior to or concurrent with the second submittal of street improvement plans
within the subdivision. Approval of the street tree improvement plans shall constitute final approval
of the selection of street trees for the street parkways. (Engineering, Planning, Building and Park
14. Condition No. 48 - (public Facilities). In partial satisfaction of condition No. 48 of
Resolution No. 2002-089, the Developer agrees to finance, secure and construct in accordance with
Section 18.16.220 of the Municipal Code, his share of the required street improvements for Otay
9
4-:-50
Lakes Road from East "H" Street to Telegraph Canyon Road.
15. Condition No. 50 - (PFDIF Public Facilities). In partial satisfaction of condition No. 50 of
Resolution No. 2002-089, the Developer agrees to participate in the funding ofrevisions of the
Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as
directed and requested by the City Manager or his designee and subject to the approval of the City
Council. The Applicant will receive appropriate credit for such participation.
18. Condition No. 53 - (Fire Dept. Codes). In satisfaction of condition No. 53 of Resolution
No. 2002-089, the Developer agrees to comply with the Fire Department's codes and policies for
Fire Prevention, as may be amended from time to time. The Developer agrees to provide the
following items either prior to the issuance of building permit( s) for the Project, or prior to delivery
of combustible materials on any construction site on the Project, whichever occurs earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the
Fire Department during plan check to the satisfaction of the Fire Department.
Any temporary water supply source is subj ect to prior approval by the Fire
Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of 20 feet.
c. Street signs installed to the satisfaction of the Department of Public Works
Operations. Temporary street signs shall be subject to the approval of the
Department of Public Works Operation and Fire Department. Locations and
identification of temporary street signs shall be subject to review and approval
by the Department of Public Works Operation and Fire Department.
19. Condition No. 60 - (Transit Facilities). In partial satisfaction of condition No.60 of
Resolution No. 2002-089, the Developer agrees to not protest the formation of any future regional
benefit assessment district to fmance the MTDB San Diego Trolley LRT System.
20. Condition No. 62 - (ADA). In satisfaction of condition No. 62 of Resolution No. 2002-089,
the Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to meet
"American with Disabilities Act" standards and 2001 California Building Code, Chapter'll-A,
Housing Accessibility as approved by the Director ofP1anning and Building Department. In the event
the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the
standards and approvals contained herein, all such approvals conflicting with those standards shall be
updated to reflect those standards. Unless otherwise required by federal1aw, City ADA standards may
be considered vested, as determined by Federal regulations, only after construction has commenced.
10
4-51
21. Condition No. 66 - (private Facilities). In satisfaction of condition No. 66 of Resolution No.
2002-089, the Developer agrees to not install privately owned water, reclaimed water, or other utilities
crossing any public street. The installation of sleeves for future construction of privately owned
facilities may be allowed subject to the review and approval of the City Engineer if the following is
accomplished:
a. The developer enters into an agreement with the City where the developer
agrees to the following:
1. Apply for an encroachment permit for installation of the private
facilities within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
iii. Mark out any private facilities owned by the developer whenever work
is performed in the area; and,
IV. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
22. Condition No. 69 (Street Names). In satisfaction of condition No. 69 of Resolution No. 2002-
089, Developer agrees to install permanent street name signs prior to the issuance of the first building
permit for production homes for the Project.
23. Condition No. 81- (NPDES). In satisfaction of condition No. 81 of Resolution No. 2002-089,
the Developer agrees to the following:
a. That development of the subdivision shall comply with all applicable
regulations established by the United States Environmental Protection Agency
(USEPA) as set forth in the National Pollutant Discharge Elimination System
(NPDES) permit requirements for urban runoff and storm water discharge and
any regulations adopted by the City of Chula Vista pursuant to the NPDES
regulations or requirements;
b. To file a Notice of Intent with the State Water Resources Control Board to
obtain coverage under the N.P.D.E.S. General Permit for Storm Water
Discharges Associated with Construction Activity and shall implement a Storm
Water Pollution Prevention Plan (SWPPP) concurrent with the commencement
11
4-52
of grading activities;
c. That the SWPPP shall include both construction and post construction
pollution prevention and pollution control measures and shall identifY funding
mechanisms for post construction control measures;
d. To comply with all the provisions of the NPDES and the Clean Water Program
during and after all phases of the development process, including but not
limited to: mass grading, rough grading, construction of street and landscaping
improvements, and construction of dwelling units;
e. To design the Project's storm drains and other drainage facilities to include
Best Management Practices to minimize non-point source pollution,
satisfactory to the City Engineer;
f. That the San Diego Regional Water Quality Control Board has issued a new
Municipal Storm Water Permit (Order No. 2001-01) and that the permit
includes regulations such as implementation of Standard Urban Storm Water
Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential
development; and
g. To comply with all relevant City regulations and policies including, but not
limited to, incorporation into the design and implementation of the Project
temporary and permanent structural Best Management Practices and non-
structural mitigation measures that would reduce pollution of storm water
runoff to the maximum extent practicable.
24. Condition No. 93 - (Water Quality). In satisfaction of condition No. 93 of Resolution No.
2002-089, the Developer agrees to enter into agreement with the City of Chula Vista, wherein the
Developer agrees to the followings:
a. Comply with the requirements of the new Municipal Storm Water Permit
(Order No. 2001-0 I) issued by the San Diego Regional Water Quality Control
Board including revision of plans as necessary.
b. indemnifY, and hold harmless the City, its elected and appointed officers and
employees, from and against all fines, costs, and expenses arising out of non-
compliance with the requirements of the NPDES regulations, in connection
with the execution of any construction and/m grading work for the Project,
whether the non-compliance results from any action by the Applicant, any agent
or employee, subcontractors, or others. The applicant's indemnification shall
12
4-53
include any and all costs, expenses, attorney's fees and liability incurred by the
City.
c. That the City Engineer may require incorporation of Standard Urban Storm
Water Mitigation Plan (SUSMP) requirements during the implementation
period preceding the adoption of the local SUSMP by the City, for all priority
projects or phases of priority projects undergoing approval process, in
accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal
Permit as determined by the City Engineer.
d. To not protest the formation of a facilities benefit district or any other funding
mechanism approved by the City to finance the operation, maintenance,
inspection, and monitoring ofNPDES facilities. This agreement to not protest
shall not be deemed a waiver of the right to challenge the amount of any
assessment, which may be imposed due to the addition of these improvements
and shall not interfere with the right of any person to vote in a secret ballot
election.
Such Developer obligation may be reassigned to a Master Homeowner's Association or other
appropriate Maintenance District subject to the approval of the City Engineer.
25. Condition No. 99 - (parks and Open Space). In satisfaction of condition No. 99 of
Resolution No. 2002-089, the Developer agrees that the Village Six Project shall satisfy the
requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement
that the project provide three (3) acres of local parks and related improvements per 1,000 residents.
Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood
Park portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre
Neighborhood Park (P-1). The remaining requirement shall be satisfied in a future Community Park
through the payment of fees, dedication ofland, or a combination thereof in a manner acceptable to the
Director of General Services.
26. Condition No. 104 - (Landscape Master Plan). In partial satisfaction of condition No. 104 of
Resolution No. 2002-089, upon request of the Director of General Services and his/her sole discretion,
the Developer agrees to update the Project's Landscape Master Plan to conform to any substantial
changes made subsequent to the initial approval of the Plan.
27. Condition No. 105 - (Walls). In partial satisfaction of condition No. 105 of Resolution No.
2002-089, the Developer agrees that all walls shall be constructed pursuant to EIR 98-01 and the
Village Six SPA Plan.
28. Condition No. 106 - (Landscape Agreement and Easements). In satisfaction of condition
No. 106 of Resolution No. 2002-089, the Developer agrees that Within 90 days of approval of the
13
4-54
applicable final "BOO map, enter into a maintenance agreement and grant easements as necessary for
landscaping and improvements maintained by a Homeowners Association within City right-of-way
or such other public areas required by the City.
29. Condition No. 122 - (Trails Connections). In satisfaction of condition No. 122 of
Resolution No. 2002-089, the Applicant agrees to comply with the current Regulatory Negotiation
Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as
may be amended from time to time, developed for: U.S. Architectural and Transportation Barriers
Compliance Board when designing all trails and trail connections
30. Condition No. 123 - (Landscape Agreement and Easements). In partial satisfaction of
condition No. 123 of Resolution No. 2002-089, the Developer agrees that Prior to the issuance of the
street construction permit for the proj ect, the Developer shall prepare and secure, to the satisfaction
of the City Engineer and the Director of General Services, for parkway and median landscape and
irrigation plans. For the purposes of communication via the City's irrigation central control system,
the irrigation plans shall include provisions for a hard wire (copper) phone connection to the
irrigation controller containing the cluster control unit (CCU).
31. Condition No. 128 - (MHOA Responsibilities). In partial satisfaction of condition No. 128
of Resolution No. 2002-089, the Developer agrees that future property owners shall be notified
during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of
the MHOA and their estimated annual cost. The Developer shall submit the document and obtain
the approval of the City Engineer and Director of Planning and Building prior to distribution through
escrow, which approval shall not be unreasonably withheld.
32. Condition No. 134 - (Maintenance District). In satisfaction of condition No. 134 of
Resolution No. 2002-089, the Developer agrees to not protest formation or inclusion in a
maintenance district or zone for the maintenance of landscaped medians and scenic corridors along
streets within or adjacent to the subject subdivision.
33. Condition No. 154 - (GMOC). In satisfaction of condition No. 154 of Resolution No. 2002-
089, the developer agrees to the following:
a. That the City may withhold building permits for the Project if anyone of the
following occurs:
1. Regional development threshold limits set by a Chula Vista traffic or
transportation plans, as amended from time to time, have been reached or in
order to have the Project comply with the Growth Management Program, as
may be amended from time to time.
11. Traffic volumes, levels of service, public utilities and/or services either
14
4-55
exceed the adopted City threshold standards or fail to comply with the then
.effective Growth Management Ordinance, and Growth Management
Program and any amendments thereto. Public utilities shall include, but not
be limited to, air quality, drainage, sewer and water.
111. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to the
satisfaction of the City. The developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the City's
Director of Planning and Building and the City Engineer. The Applicant
agrees that the City may withhold builcling permits for any of the phases of
development identified in the Public Facilities Financing Plan (PFFP) for
Otay Ranch Village Six SPA if the required public facilities, as identified in
the PPFP or as amended by the Annual Monitoring Program have not been
completed.
b. To defend, indemnifY and hold harmless the City and its agents, officers an
Employees, from any claim, action or proceeding against the City, or its agents,
officers or employees, to attack, set aside, void or annul any approval by the
City, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees with regard to this subdivision
pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the Applicant of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for each
lot or unit within the Tentative Map area. The Developer further agrees to
grant, by license or easement, and for the benefit of, and to be enforceable by,
the City of Chula Vista, conditional access to cable television conduit within
the properties situated within the fmal map only to those cable television
companies franchised by the City of Chula Vista, the condition of such grant
being that:
1. Such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule and
does not require the trenches to be reopened to accommodate the
placement of such conduits; and
ii. Any such cable company is and remains in compliance with, and
promises to remain in compliance with the terms and conditions of the
15
4-56
franchise and with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television companies as
same may have been, or may from time to time be, issued by the City of
Chula Vista.
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the Tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure said breach.
e. Hold the City harmless from any liability for erosion, siltation or increase flow
of drainage resulting from this proj ect.
34. Condition No. 155- (Congestion Management & Regional Impact Fee Programs). In
satisfaction of condition No. 155 of Resolution No. 2002-089, the Developer agrees to the following:
a.Participate, on a fair share basis, in any deficiency plan or financial program adopted
by SANDAG to comply with the Congestion Management Program (CMP).
b. T 0 not protest the formation of any future regional impact fee program or facilities
benefit district to [mance the construction of regional facilities.
35. Condition No. 156 - (Previous Agreements). In satisfaction of condition No. 156 of
Resolution No. 2002-089, the Developer agrees to comply with all previous agreements as they
pertain to the tentative map, including the "A" map agreement recorded as San Diego County
recorder document # 2002-0756899.
36. Condition No. 157 - (Street Sweeping). In partial satisfaction of condition No. 157 of
Resolution No. 2002-089, the Developer agrees to cause street sweeping to commence immediately
after the paving of the first street in the project has been completed, and the Developer agrees to
continue sweeping until an entity such as a homeowner's sub-association assume responsibility.
37. Condition No. 158 - (Regional Impact Fee). In satisfaction of condition No. 158 of
Resolution No. 2002-089, the Developer agrees to equitably participate in any future regional impact
fee program for regional facilities should the region enact such a fee program to assist in the
construction of such facilities. The Developer further agrees to not protest the formation of any
potential future regional benefit assessment district formed to [mance regional facilities.
38. Condition No. 165 - (Compliance). In satisfaction of condition No. 165 of Resolution No.
2002-089, the Developer agrees install all public facilities in accordance with the Village Six Public
Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards
16
4-57
adopted by the City. The City Engineer may modify the sequence of improvement construction should
conditions change to warrant such a revision. The applicant further agrees to comply with Chapter
19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from
time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040)
Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100).
39. Condition No. 170 - (Annual Report). In satisfaction of condition No. 170 of Resolution No.
2002-089, pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CYMe) and the Otay Ranch General Development Plan (GDP), and as they may be amended from
time to time, the Developer agrees to fund the preparation of an annual report monitoring the
development of the community of Otay Ranch. The annual monitoring report will analyze the supply
of, and demand for, public facilities and services governed by the threshold standards. An annual
review shall commence following the first fiscal year in which residential occupancy occurs and is to be
completed during the second quarter of the following fiscal year. The annual report shall adhere to
those guidelines noted on page 353, Section D of the GDP/SRP.
40. Condition No. 174 - (Adjoining Walls). In satisfaction of condition No. 174 of Resolution
No. 2002-089, prior to Developer constructing a solid masonry, view wall or like wall which will
adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City
and is subject to the approval of the Director of Planning and Building. Developer agrees to work
together with other developers of Village Six to the satisfaction of the Director of Planning and
Building in order to construct transitions between adjoining walls.
41. Condition No. 179 - (Compliance). In satisfaction of condition No. 179 of Resolution No.
2002-089, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal
Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the
Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual.
Underground all utilities within the subdivision in accordance with Municipal Code requirements.
42. Condition No. 180 - (Fees). In satisfaction of condition No. 180 of Resolution No. 2002-089,
the Developer agrees to pay the following fees in accordance with the City Code and Council Policy:
. The Transportation and Public Facilities Development Impact Fees.
. Signal Participation Fees.
. All applicable sewer fees, including but not limited to sewer connection fees.
. Poggi Canyon Sewer Basin DIF.
. Pedestrian Bridge fee.
17
4-58
. Pay the amount of said fees in effect at the time of issuance ofbuilding permits.
43. Condition No. 181- (Compliance). In satisfaction of condition No. 181 of Resolution No.
2002-089, the Developer agrees to comply with all relevant Federal, State, and Local regulations,
including the Clean Water Act. The developer agrees to be responsible for providing all required
testing and documentation to demonstrate said compliance as required by the City Engineer.
44. Condition No. 182- (Special Taxes and Assessments). In satisfaction of condition No. 182 of
Resolution No. 2002-089, the Developer agrees to ensure that prospective purchasers sign a ''Notice of
Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected
taxes and assessments. The developer agrees to submit the disclosure form for approval by the City
Engineer prior to Final Map approval.
45. Condition No. 183- (Growth Management). In satisfaction of condition No. 183 of
Resolution No. 2002-089, the Developer agrees to comply with Chapter 19.09 of the Chula Vista
Municipal Code (Growth Management) as may be amended from time to time by the City. Said
chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.1 00)
46. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes
partial or full satisfaction of Developer's obligation of Conditions: Resolution No. 2005-347
(Amended Tentative Subdivision Map): 2, 3,13,17,18,22,23,24,25,26,30); and Resolution No.
2002-089 (Tentative Subdivision Map): 1,2,3,4,5,10,11,12,13,19,20,25,33,34,48,50,53,60,
62,66,69,81,93,99, 104, 105, 106, 122, 123, 128, 134, 154, 155, 156, 157, 158, 165, 170, 174,
179, 180, 181, 182, and 183 (of Resolution No. 2002-089), The Developer further understands and
agrees that some of the provisions herein may be required to be performed or accomplished prior to
the approval of other final maps for the Project, as may be appropriate.
47. Unfulf"illed Conditions. The Developer hereby agrees, unless otherwise conditioned, that
The Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision
Map, established by the Resolution and shall remain in compliance with and implement the terms,
conditions and provisions therein.
48. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the
recordation of the Final Maps.
49. Building Permits. The Developer understands and agrees that the City may withhold the
issuance of building permits and all other permits for the entire Village Six SPA project area, should
the Developer be determined by the City to be in breach of any of the terms of this Agreement. The
City shall provide the Developer of notice of such determination and allow the Developer reasonable
time to cure said breach. Developer further acknowledges and agrees that the City may withhold
building permits within the Final Map as defmed herein if the required public facilities for SPA One,
18
4-59
as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned,
have not been completed or constructed to the satisfaction of the City.
50. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall
supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement unless
specifically noted herein. This Agreement affirms and reflects the terms, conditions and provisions
of the Monitoring Agreement, the "A" Map Agreement, and of the Tentative Map 02-05 conditions
applicable specifically to the Final Maps for the Property.
51. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required
or permitted by this Agreement or by law to be served on or delivered to either party shall be in
writing and shall be deemed duly served, delivered, and received when personally delivered to the
party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following
deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A party may change such address for
the purpose of this paragraph by giving written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
Otay Ranch FOURTHEEN, L.L.C.
2445 Fenton Street
Chula Vista, CA 91914
A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference and do not
define, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the parties
regarding the subj ect matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from
the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively
19
4-60
presumed that both parties participated equally in the preparation and! or drafting this Agreement.
e. Assignability. Upon request of the developer, any or all on-site duties and obligations set
forth herein may be assigned to developer's successor in interest if the City manager in his/her sole
discretion determines that such an assignment will not adversely affect the City's interest. The City
Manager in hislher sole discretion may, if such assignment is requested, permit a substitution of
securities by the successor in interest in place and stead of the original securities described herein so
long as such substituted securities meet the criteria for security as set forth elsewhere in this
agreement.
g. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are incorporated
by reference into this Agreement.
h. Attorneys' Fees. If either party commences litigation for the judicial interpretation,
reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment
against the other for an amount equal to reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES]
20
4-61
[PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTA Y RANCH VILLAGE SIX MARQillS
UNIT 1]
CITY OF CHULA VISTA
Cheryl Cox
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
21
4-62
[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDMSION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX MARQUIS
UNIT I]
DEVELOPERS/OWNERS:
Otay Ranch FOURTHEEN, LLC.,
a Dela lIDlte iability Com
Autho . e
By:
DATED: 4-- s::. 07 ,
(ATTACH NOTARY ACKNOWLEDGMENTS)
4-63
OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE
ACKNOWLEDGMENT
State of California
County of SC\.I1 Di~o
On s."pkrY\b.er 5, }-aOI
personally appeared DiY],~
Title of Document~l?)eJ'I'''Y1.w 5t<.bJ',vl'Si'/Yh JM-
. ,pYlj-Je:"eY1-t ~T""&/"nUIt-
, before me,/(ctr (fA. L, ~h (N DTItT':J Pui" Ii c )
Y3VDokS
i>{ personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the
person(p) whose name~ is/an- subscribed to the within instrument and acknowledged to me that
he/sRo!4hey executed the same in his/eer'tiloir authorized capacity(~, and that by his/Ber!their
signature~) on the instrument the person(i), or the entity upon behalf of which the person~ acted,
executed the instrument.
WITNESS my hand and seal.
KARLA L. HAM
COMM. .1630397 I:
Notary Public. California ~
San Diego COII1Iy 4
Comm, EJlres Dec. 16, 2IlIl9
~P- -/,~
SIGNATU OF NOTARY PUBLIC
ADDITIONAL INFORMATION
DOCUMENT INFORMATION
Document Date ~
Number of Pages ,;)4
TYPE OF IDENTIFICATION
EMBOSSfvlENT
Copyright <<:11994, All Rights Reserved, California School ofNolf!"S'4blic, Inc,
..........-.~_..~-~ ,."
(/' w' ,.:\\
L
r-
\:,""';:' - -\'.:'~"-',/
.~,;., . .... .
'.';:r'.";.?,,~,,) /.';, (~.'.~\ &'-;l.
~,..,.I#t'l' , _ "" ~" .11_
"-r'H" r""'\ll~N ,d'
- ~1f"n..,,,:\r\
I>4 Personal Knowledge of the Notary Public
[ ] Satisfactory Evidence - identification card
[ ] One Credible Witness acknowledging identity of principal
[ ] Two Credible Witnesses acknowledging identity of principal
EXHIBIT A
(Legal Description)
Being a subdivision of A portion of Lot 17 of Chula Vista Tract No. 02-05 Otay Ranch, Village 6
Unit I "A" Map No. I, in the City of Chula Vista, County of San Diego, State of California,
according to map thereof No. 14446, flied in the office of the County Recorder of San Diego County
on September 18, 2002.
4-65
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
9/11/07, Item~
RESOLUTION APPROVING THE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND RBF
CONSULTING FOR THE PROVISION OF CIVIL ENGINEERING
AND SPECIAL INSPECTION SERVICES REQUIRED FOR THE
EASTLAKE PARKWAY SEWER CONNECTION PROJECT (KY-
709) AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
DIRECTOR OF ENGINE~G AND GENERAL SERVICES 6':Y}
CITY MANAGER '? / ~
ASSISTANT CITY MANAGER '5:> /
4/5THS VOTE: YES 0 NO [g]
BACKGROUND
Approximately 350 lineal feet of 12" sewer pipe needs to be installed by means of tunneling under
several large diameter water aqueducts and other utilities. The section of pipe will connect the
existing sewer pipelines within Eastlake Parkway, under the San Diego County Water Authority's
(SDCW A) aqueducts. Because the project requires crossing under several large diameter water
aqueducts owned by SDCW A and other utilities, a jack and bore trenchless construction technique
will be utilized to install a steel casing under the aqueducts. The new sewer pipe will then be
installed within the casing. Due to the complexity of this construction method and the sensitivity of
the adjacent utilities, it is necessary that the City hire a highly qualified consultant to provide design
plans, construction specifications, cost estimates (PS&E) and special inspection services required to
facilitate the proper installation of the sewer pipeline.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 1 (c) (Existing Facilities) categorical exemption pursuant to Section 15301 of the
State CEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
Council adopt the resolution approving the agreement between the City of Chula Vista and RBF
Consulting for the provision of civil engineering and special inspection services required for the
Eastlake Parkway Sewer Connection Project (KY-709) and authorizing the Mayor to execute the
agreement on behalf of the City.
5-1
9/11107, Item S
Page 2 of 4
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
At the request of the City, the Eastlake Company analyzed several alternatives to determine the
best method for providing a gravity sewer line for the southerly portion of the Eastlake Greens
project, which was being served by a sewer pump station (Eastlake Parkway Pump Station).
Based on limitations imposed by existing improvements and topography, the best alternative
required construction of the Poggi Canyon Trunk Sewer Extension, a deep gravity sewer line
ranging in depth from 20' to 60'. The alignment of this new sewer line follows Eastlake
Parkway south, past the existing SDCWA aqueduct (Reach 1), and then crosses the commercial
land swap parcel (Reach 2) where it connects to the Poggi Canyon Trunk Sewer at Olympic
Parkway (see Attachment 1). The City had originally entered into reimbursement/financing
agreements with Eastlake Development in 2004 to facilitate the construction of this facility since
EastLake was in the process of developing the Landswap parcels (current location of the Home
Depot, Wal-Mart etc), where this pipeline was being constructed. Since then, EastLake has
completed the construction of all the other sections of the pipeline with the exception of the 350'
section within the SDCW A right-of-way where the aqueduct is located. This section presented
some unique challenges in processing the required construction permits and getting a qualified
contractor who would be able to complete this sensitive project. The aqueduct supplies water to
the whole of the eastern territories hence, the reason for the sensitivity.
EastLake reached a recent understanding with the City to facilitate the construction of this
remaining section. This trunk line needs to be constructed because it is a required regional
facility and its construction would allow the Eastlake Parkway Pump Station to be
decommissioned. The decommissioning is necessary for the following reasons:
1. Lack of safetv features: The Eastlake Parkway Pump Station was originally constructed
as a temporary pump station in conjunction with the Eastlake Greens development,
without provisions for various safety features that are now typically incorporated into the
permanent pump stations. The Station would have needed a prohibitively expensive
retrofitting to convert it to a permanent pump station.
2. Sitting criteria: The Eastlake Parkway Pump Station is unsuitably located adjacent to a
high school and other residential facilities.
3. Long-term cost of maintenance: The City has been obligated to maintain the pump station
at a cost to the Sewer Service Revenue Fund of approximately $25,OOO/year. With the
wastewater now being conveyed by means of gravity down to the Poggi Canyon sewer
trunk line, there is no further need to pump wastewater up to the Telegraph Canyon sewer
trunk line.
Thus, in order for the Eastlake Parkway Pump Station to be decommissioned, the City is
proposing to construct approximately 350 lineal feet of 12" sewer pipe, which will be installed
by means of tunneling under several large diameter water aqueducts and other utilities. A jack
and bore trencWess (tunneling) construction technique will be utilized to install the proposed
sewer line within a steel casing. Since the City does not have in-house staff with the necessary
5-2
9/11/07, Item~
Page 3 of 4
tunneling experience to prepare the design plans, specifications and inspection services, the City
needs to retain a Consultant with the relevant expertise.
SCOPE OF WORK
The work involved will include the following:
. Research existing reports, drawings and background information.
. Develop facility requirements and design constraints.
. Site visits.
. Provide detailed geotechnical investigation.
. Provide survey and mapping.
. Prepare bid documents.
. Provide quality assurance and quality control during the duration of the project.
. Perform permit processing and agency coordination.
. Provide design status meetings/workshops.
. Prepare final drawings and specifications.
. Provide final construction cost estimates.
. Perform bid phase services.
. Provide construction phase services/special inspection services.
CONSULTANT SELECTION PROCESS
Staff prepared and issued a Request for Proposals (RFP) on May 25,2007, and on June 15,2007,
the City received a total of two proposals from RBF Consulting and Jacobs Associates. The
City's consultant selection committee formed by Roberto Yano, Senior Civil Engineer, Luis
Labrada, Associate Civil Engineer, Anthony Chukwudolue, Senior Civil Engineer and Jim Biasi,
Senior Civil Engineer reviewed the proposals and interviewed the two firms.
The committee ranked the consultants as follows:
Consultant Proposal Amount Consultant Ranking
RBF Consulting $180,388 First Negotiation Preference
Jacobs Associates $282,902 Second Negotiation Preference
The ranking was based on the following: the consultant's experience, the capacity to perform the
work, the quality of the project team, the grasp of the project requirements, responsiveness to the
scope of work, the quality and clarity of the proposal, familiarity with the local area and the fee
proposal.
The terms of this contract are on an hourly rate with a not-to-exceed limit of $180,388. It is the
committee's belief that anyone of these firms will spend approximately the same number of base
hours to complete this project. Therefore, based on their greater experience and their grasp of the
issues in conjunction with the fee proposal, it was the committee's recommendation that RBF
Consulting be the first negotiation preference. At this time, staff is recommending the approval
of an agreement with RBF Consulting to provide the required services.
5-3
9/11/07, Item~
. Page 4 of 4
STAFF COSTS
In addition to Consultant pre-construction activities, $20,000 is estimated for City staff to
provide the necessary oversight, technical support and to manage the contract with the
Consultant.
PROJECT CONSTRUCTION & FINANCING
In April 2004, Council approved agreements with EastLake Development for the construction of
this facility (Resolution 2004-129). As earlier mentioned, this project was split into two
construction reaches I & 2. Reach I was to be funded as part of Community Facilities District
(CFD)-06I, since the facility was included in the list of project improvements. Reach 2 was to be
funded with Trunk Sewer Capital Reserve Funds.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the property, which are the subject action.
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract amount (RBF Consulting) $180,388
B. Estimated staff costs 20,000
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $200,388
FUNDS A V AILABLE FOR CONSTRUCTION
A. Reimbursements from CFD 06-1 $200,388
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $200,388
There is no impact on the General Fund as the funds for these improvements have been provided
for this project as part ofCFD 06-1. All costs incurred in this effort (i.e. Consultants expenditures
and staff reimbursements) will be paid directly from the CFD as these costs are incurred.
Approval of tonight's resolution will approve an agreement with RBF Consulting for the above-
mentioned scope of work.
ATTACHMENTS
1. Eastlake Parkway Sewer Connection Project Site Map
2. Resolution 2004-129
Exhibit A - Agreement between the City of Chula Vista and RBF Consulting
Prepared by: Luis A. Labrada, Associate Civil Engineer, General Services
M:\General Services\GS Administration\CounciI Agenda\KY079\KY709 A-I 13 FINAL.doc
5-4
ATTACHMENT._.J
,
..
,: .~: ~~
. ,,! ,,'.;,,1
,," -.1 J.;,~ ';1"
~ I """ ~
~~..
'~-<~~~~ '
~:'-"
~\~ rc...
-..,-
"..: -.- -
""--~....;,;...:::
-- - --'-
nlY OF I
(HtJLi\ VlSlA
Eastlake Parkway
Sewer Connection Project (KY709)
5-5
Legend
- REACH #2
-REACH #1
* Chula Vista Pump Station
o Project Area
ATTACHMENT 2,;
RESOLUTION NO. 2004-129
RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REIMBURSEMENT
AGREEMENT WITH THE EASTLAKE COMPANY FOR
CONSTRUCTION OF A PORTION OF THE POGGI CANYON
TRUNK SEWER EXTENSION AND APPROPRIATING
FUNDS THEREFOR
WHEREAS, as part of the Eastlake Land Swap project development, the Eastlake
Company constructed the Poggi Canyon Trunk Sewer Extension, a $2.4 million deep gravity
sewer extending from the East1ake Parkway Pump Station to the Poggi Canyon Trunk Sewer at
Olympic Parkway; and
WHEREAS, this agreement will enable the City to reimburse the Eastlake Company for
the cost of the sewer from Community Facilities District (CFD) proceeds and City funds; and
WHEREAS, it is appropriate to fund the proposed reimbursement from the Trunk Sewer
Capital Reserve Fund since the City had a vested interest in constructing this segment of the
Poggi Canyon Trunk Sewer Extension.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve a reimbursement agreement with the Eastlake Company for construction of
a portion of the Poggi Canyon Trunk Sewer Extension and appropriating funds therefor.
BE IT FURTHER RESOLVED that the Eastlake Company shall be reimbursed subject to
conditions set forth in reimbursement agreement.
BE IT FURTHER RESOLVED the reimbursement shall be made no sooner than July I,
2004 to ensure that sufficient Trunk Sewer Capital Reserve funds are available.
BE IT FURTHER RESOLVED that $1,230,000 shall be appropriated from the Trunk
Sewer Capital Reserve Fund to a new Capital Improvement Program (CIP) for Reach 2 of the
Poggi Canyon Trunk Sewer Extension.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
~~
Jack ri In
Genera rvices irector
G-~
Ann Moore
City Attorney
5 6
Resolution 2004-129
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 27th day of April, 2004, by the following vote:
AYES:
Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
-:~.1 d....t.S3.:~ 6,..." -'
Susan Bigelow, CMC, City lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2004-129 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 27th day of April, 2004.
Executed this 27th day of April, 2004.
~~AIA I ~{~~~
Susan Bigelow, CMC, City erk
5-7
EXHI8iT A
Agreement between
City of Chula Vista
And
RBF Consulting
For the Civil Engineering and Special Inspection Services
For the Eastlake Parkway
Sewer Connection Project
This agreement ("Agreement"), dated for the purposes of reference only, and
effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City of Chula Vista as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business formis set forth on exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as RBF Consulting, whose business 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, Consultant to provide Plans, Specifications, and Estimate for the
installation of approximately 350 lineal feet of 12" sewer pipeline along Eastlake Parkway, near
the intersection of Trinidad Cove in the City of Chula Vista, and;
WHEREAS, on May 25, 2007, the City of Chula Vista's General Service division
advertised the Request for Proposal (RFP) to provide Civil Engineering and Special Inspection
Services for the Eastlake Parkway Sewer Connection Project in the City of Chula Vista, and;
WHEREAS, on June 15,2007, the City ofChula Vista received two (2) proposals from
two (2) consultants to provide Civil Engineering and Special Inspection Services for the Eastlake
Parkway Sewer Connection Project, and;
WHEREAS, after the Selection Committee completed their review of the proposals and
interviewed two (2) of the two (2) consultant firms that were invited, the Committee selected
RBF Consulting as the Consultant to provide Civil Engineering and Special Inspection Services
for the Eastlake Parkway Sewer Connection Project, and;
WHEREAS, the 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 oftbis Agreement.
5-8
Page I
NOW, THEREFORE, BE IT RESOL YED 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 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 lO(C), unless a separate fixed fee is otherwise agreed upon.
All compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
5-9
Page 2
F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under the
contract and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors and provide documentation of same prior to commencement of work. The
insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
(I) Insurance Services Office Commercial General Liability coverage (occurrence Form
CGOOOI).
(2) Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code I (any auto).
(3) Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(4) Professional Liability or Errors & Omissions Liability insurance appropriate to the
Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as applicable)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this project/location or
the general aggregate limit must be twice the required occurrence
limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$1,000,000 each occurrence
5-10
Page 3
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured
retentions as they pertain to the City, its officers, officials, employees and volunteers; or the
Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are
to be named as additional insureds With respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable,
and, with respect to liability arising out of work or operations performed by or on
behalf of the Consultant, including providing materials, parts or equipment furnished
in connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be primary insurance as
it pertains to the City, its officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees,
or volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions
coverage are written on a claims-made form:
(1) The "Retro Date" must be shown, and must be before the date of the contract or the
beginning of the contract work.
5-11
Page 4
(2) Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract work.
(3) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a "Retro Date" prior to the contract effective date, the Consultant
must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a current A.M. Best's rating of no less than A V. Ifinsurance is placed with a
surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus
Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may
be made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance industry
forms, provided those endorsements or policies conform to the contract requirements. All
certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
Subcontractors
Consultants must include all subconsultants as insureds under its policies or furnish separate
certificates and endorsements for each subconsultant. All coverage for subconsultants are subj ect
to all of the requirements included in these specifications.
G. Security for Performance
(1) Performance Bond
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the
City a performance bond in the form prescribed by the City and by such sureties which are
authorized to transact such business in the State of California, listed as approved by the United
States Department of Treasury Circular 570, htto://www.fins.treas.gov/c570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure,
except as provided otherwise by laws or regulations. All bonds signed by an agent must be
5-12
Page 5
accompanied by a certified copy of such agent's authority to act. Surety companies must be duly
licensed or authorized in the jurisdiction in which the Proj ect is located to issue bonds for the
limits so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A,
Paragraph 18.
(2) Letter of Credit
In the event that Exhibit A, at Paragraph 18, 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 Exhibit A, Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, 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.
H. 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 9, and
with the further understanding that delay in the provision of these materials beyond thirty (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 17, but in no event more frequently than
5-13
Page 6
monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 10, adjacent to the gov~rning compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 11.
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 l7(C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as said party's contract administrator who is authorized by said party to represent .
them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 13.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate").
Time extensions for delays beyond the Consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect
of delays to the work and will not be granted for delays to minor portions of work unless it can
be shown that such delays did or will delay the progress of the work.
5-14
Page 7
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 14, 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 14 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.
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 that 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
5-15
Page 8
any property which may be the subject matter of the Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 14.
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 twelve months thereafteJ:.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for twelve 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 that 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 reasonable attorneys fees) arising out of or alleged by third
parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for
whom Consultant is legally responsible in connection with the execution of the work covered by
this Agreement, except only for those claims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of
the City, its officers, employees. Also covered is liability arising from, connected with, caused
by or claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant
shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers
and employees, from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) except for those claims arising from the negligence or willful
misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall
not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects, landscape
architects, surveyors and engineers), the following indemnification provisions should be utilized:
5-16
Page 9
(1) Indemnification and Hold Hannless Agreement
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by
the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising
out of any services performed involving this project, except liability for Professional Services
covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold
hannless the City, its agents, officers, or employees from and against all liability. Also covered is
liability arising from, connected with, caused by, or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and
hold hannless shall not include any claims or liabilities arising from the sole negligence or sole
willful misconduct of the City, its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under Section Exhibit A to this
Agreement.
(2) Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project,
the Consultant agrees to indemnify, defend and hold hannless the City, its agents, officers and
employees from and against any and all liability, claims, costs, and damages, including but not
limited to, reasonable attorneys fees, that arise out of, or pertain to, or relate to the negligence,
recklessness or willful misconduct of Consultant and its agents in the performance of services
under this agreement, but this indemnity does not apply liability for damages for death or bodily
injury to persons, injury to property, or other loss, arising from the sole negligence, willful
misconduct or defects in design by City or the agents, servants, or independent contractors who
are directly responsible to City, or arising from the active negligence of City.
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, agreettIents 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 onnSSlons ill the performance of work under this Agreement has resulted in expense to City
5-17
Page 10
greater than would have resulted if there were no such negligence, errors, omissions, Consultant
shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended
to limit City's rights under other provisions ofthis agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty
(30) days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become
City's sole and exclusive property. 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 document~ 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 notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subj ect 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,
5-18
Page 11
social security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City hann1ess 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 ofthe Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneons
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
lfthe box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed teal 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
5-19
Page 12
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.
5-20
Page 13
Signature Page
To
Agreement between
City of Chula Vista
And
RBF Consulting
For the Civil Engineering and Special Inspection Services
For the Eastlake Parkway
Sewer Connection Project
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:
Dated:
City of Chula Vista
RBF Consulting
By
Cheryl Cox, Mayor
By:
John Harris, P.E., Vice President
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Exhibit List to Agreement
(X) Exhibit A
5-21
Page 14
Exhibit A
To
Agreement between
City of Chula Vista
And
RBF Consulting
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City ofChula 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:
REF Consulting
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, CA 92124
Voice Phone (858) 614-5000
Fax Phone (858) 614-5001
5-22
Page 15
7. General Duties:
The general duties for the consultant are to provide to the City of Chula Vista, Plans,
Specifications and Estimate for the installation of a 12" sewer pipe by means of tunneling
under several large diameter water aqueducts and other utilities. The section of pipe will
connect the existing sewer pipelines at the North and South within City's right-of-way. A
trenchless construction technique will be utilized to install a steel casing. All the engineering
services shall be completed in accordance with this Agreement as described in Paragraph 8,
Scope of Work and Schedule.
8. Scope of Work and Schedule:
1.0 DESIGN PHASE SERVICES
Task 1.1. Research Existing Reports, Drawings and Background Information
REF shall investigate available records at the Otay Water District, SDCWA, and City of
Chula Vista for street improvements and existing utilities, and other utility company
drawings to avoid design conflicts. REF is a member of the USA Dig-Alert service,
which provides information regarding known utility companies (utilities lines, easements,
etc.) within the project area. This is especially helpful to identify recently installed fiber
optic and telecom conduits. Facility drawings will be obtained from each utility company
with service in the proj ect area.
Task 1.2. Develop Facility Requirements and Design Constraints
REF shall attend meetings with City staff, regulatory agencies, utilities, and/or
community groups as necessary to develop and refine the project's engineering
requirements and design constraints. This task will identify regulatory permits, which
will be required for this proj ect.
Task 1.3. Site Visits
REF and its design team shall visit the site as required to identify existing conditions,
traffic patterns, utility features and potential construction staging areas.
Task 1.4. Detailed Geotechnical Investigation
REF's subconsultant, VME, shall provide review of background data, geologic
reconnaissance of the site, subsurface exploration consisting of 2 borings, laboratory
testing, and recommendations for the design and earthwork components of the project.
Specifically, the scope will include:
5-23
Page 16
TASK 1.4.1. FIELD EXPLORATION
a. VME will prepare a separate geotechnical inve~tigation to assist in the design and
construction of the proposed pipeline. The investigation will include review of
available information (consisting of available geotechnical reports, geological
maps, and stereoscopic aerial photographs), geotechnical field reconnaissance,
site visit to mark boring locations and meet with Underground Service Alert for
utility clearance, acquisition of permits necessary for the boring work, traffic
control, drilling the borings, laboratory testing, and preparation of a geotechnical
report.
The report will bear a State of California Certified Engineering Geologist or
Registered Professional Engineer seal with the signature, license number, and
registration certificate expiration date of the geologist or engineer responsible for
the preparation of the report, presenting the results of the investigation.
b. The subsurface exploration program will consist of drilling, logging, and
sampling 2 exploratory test borings to a depth of 20 feet (3 feet below the pipeline
invert), or refusal, with a truck mounted drill rig along the proposed pipeline
alignment. Proposed boring locations will be in the vicinity of the proposed drive
and receiving shafts.
c. Bulk and in-place samples of the encountered soils will be collected and
transported to the laboratory for testing. Geotechnical laboratory testing will be
performed on selected samples and will consist of in-situ moisture content and dry
density, grain size analyses, Atterberg limits, and shear strength. In the event the
existence of hydrocarbons is discovered by VME during drilling, VME will
immediately notify the City and .seal the hole. Environmental sampling and testing
of the subsurface soils is not part of this work.
d. The geotechnical report will address geotechnical aspects of the alignment as
related to pipeline design and trenchless construction. The report will include
design conclusions and recommendations for:
a) Backfill and compaction requirements
b) Pipe bedding
c) Pavement section thickness and replacement
d) Site conditions
e) Earth materials
f) Soil properties
g) Slope stability
h) Trenching and shoring
i) Groundwater
j) Excavation difficulty
5-24
Page 17
e. VME will obtain all required permits and perform required traffic control for the
purposes of geotechnical investigation drilling on the basis that the costs for
permits and traffic control will be the responsibility of the City.
Results of the investigation will be summarized in a written report complete with
field and laboratory data. Six copies of the report will be submitted. Boring logs
will be provided in electronic format for ease of incorporation into project plans.
Task 1.5. Survey and Mapping
RBF shall utilize its in-house survey crews to prepare topographic mapping of the project
area. Survey procedures shall be performed in accordance with the City's standards. Our
survey teams are equipped with the latest kinematic GPS survey equipment using cell-
phone technology to increase the range of our GPS receivers. Mapping shall be performed
using NAD83 horizontal control and NGVD88 vertical datum.
For pipeline replacement projects in urbanized areas with a number of conflicting utilities,
we prefer to create base maps at 1"=20' with one (1) contour intervals. The reduced scale
provides superior accuracy and design detailing over the 40 scale as requested in the RFP.
RBF's survey crew will also perform detailed field surveys to locate utility features, survey
monuments and existing surface improvements that may be impacted by construction. Such
information shall be transferred to the digital topographic file and shown on the project
design drawings.
Copies of the survey control and pipeline horizontal control network will be provided to the
City's survey as part of the 90% design submittal package.
Task 1.6. Bid Documents
RBF shall work with its design team to develop the project's design to the 90% level of
completion. At this stage, plan and profile drawings of the selected alignment will be
developed, preliminary details for the connection structures and vaults, traffic control
drawings and horizontal control drawings. Draft project specifications along with the
City's boilerplate specification and bidding documents will be prepared during this phase.
Seven (7) copies of the construction bid documents will be submitted with the 90%
submittal.
Task 1.7. Quality Assurance / Quality Control
RBF's QNQC team will review the bid documents prepared in Task 1.6 for compliance
with the City's standards and for compliance with RBF's in-house quality control plan
established for this project. A copy of the QC checklist and check set of plans will be
provided to the City to demonstrate the thoroughness ofRBF's QC procedures.
Task 1.8. Construction Estimate
The construction cost estimate shall be developed and submitted with the 90% design
submittal. At this stage, price quotes from jack & bore contractors, pipe suppliers and other
major material vendors will be acquired and used in the development of the estimate.
5-25
Page 18
Task 1.9. Permit Processing and Agency Coordination
The design, including plans and specifications, will be processed through the appropriate
jurisdictional authorities for all permits required for the project, primarily the SDCW A.
Coordination with other interested governmental agencies will be made to insure the
project results in maximum benefit to the City.
o Appropriate traffic control plans will be provided to the City to facilitate their
review.
o Process preliminary plans to all affected utilities. Project plans will be
transruitted to each utility, and they will be requested to review for the accuracy
of the plotting of their facilities, both live and abandoned.
o Coordinate with the Sweetwater Union High School District and resolve
associated impacts to Eastlake High School.
REF will include a requirement in the project specification for the Contractor to implement
storm water pollution protection measures along the pipeline alignment.
Task 1.10. Design Status Meetings
During the 90% design phase, REF's design team shall attend, on average, one (1) project
status report meeting every other month with City personnel. A meeting agenda shall be
prepared and subruitted to the City at least two (2) days in advance of the meeting and draft
meeting ruinutes shall be provided to the City within five (5) working days of the meeting.
Meeting topics shall include, but shall not be limited to, review of previous meeting
minutes, schedule, technical issues, permits deliverable status (subruitted and scheduled
deliverables), project issues, deviation request status, and coordination with other City or
Agency projects.
REF will also be available, if requested, to attend one (1) community group meeting during
the 90% design phase.
Task 1.11. 90% Design Workshop
The City shall review the 90% Design Submittal and provide REF with review comments.
Within five (5) working days City staff and the Design Team shall conduct a 90% Design
Workshop, wherein the City's comments will be discussed along with REF's proposed
response. The workshop will be intended to discuss key design issues, scheduling, permits
and community impact issues. REF shall provide draft meeting minutes to the City within
five (5) working days of the meeting.
Following approval of the meeting minutes and REF's response to the City's comments,
the City will issue the notice to proceed for the 90% design phase.
5-26
Page 19
Seven (7) copies of the construction bid documents will be submitted with the 90%
submittal.
Task 1.12. Final Drawings and Specifications
REF shall provide one set of specifications, one half size set of drawings and one set of
original mylar drawings signed and stamped by the Engineer of Record, Mr. John Harris,
PE. The final submittal shall also include delivery of the electronic files on CD of the
drawings in AutoCAD 2006 format and the specification and bid documents in Word 2003
format.
Task 1.13. Final Construction Cost Estimates
One (1) copy of the final construction cost estimate will be submitted with the final design
submittal and included on the CD in Excel format.
Task 1.14. Design Status Meeting
During the Final design phase, it is anticipated that one (1) design review meeting will be
held with City staff. Meeting topics shall include, but shall not be limited to, review of
previous meeting minutes, schedule, technical issues, permits, deliverable status (submitted
and scheduled deliverables), project issues, permits, deviation request status, and
coordination with SDCW A.
2.0 Bid Phase Services
This task shall include responding to construction contractor questions and requests for
information (RFI) during the bidding and award period, assisting with preparing contract
document addenda, assisting with evaluating bids during the construction contract award, and
attending a preconstruction meeting.
3.0 Construction Phase Services
Construction services will be based on a three (3) month bidding and award period (this is
extended one month due to the Holiday season). and a three (3) month construction period.
The plarmed services of the construction phase shall include:
Task 3.1. Shop Drawing Review and Change Orders
REF shall review detailed construction and shop drawings submitted by contractors to
ensure compliance with the design plans and specifications. Reviews shall be completed
within a maximum of one (1) week of receipt, with the typical turnaround time to be two
(2) working days. REF shall respond to construction questions to interpret, respond to
RFI's, evaluate change order requests and provide clarification to the contract documents to
ensure proper execution of the work.
5-27
Page 20
Task 3.2. Construction Status Meetings
REF's design team will be available to attend construction status meeting as maybe
required throughout the construction period. Our geotechnical consultant will also be
available during this phase to respond to field issues and address RFI's.
Task 3.3. Construction Management and Inspection Services (CMlS)
REF's understanding of its role on the Eastlake Parkway Sewer Project is to support the
City and the Design team in the management of the construction activities related to the
project as follows:
Q Staff the CMIS positions with solution oriented, seasoned, construction
management professionals with significant and relevant pipeline
experience. Designated Professionals with requisite experience with the
City and SDCW A.
Q Follow City established standards and contract procedures for project
execution, reporting, and field records management.
Q Provide a well managed field staff that is sensitive to the need to have an
integrated and seamless team.
Q Provide all the skills needed to cover the specialized required areas such
as: full-time onsite inspection oftrenchless construction, settlement
monitoring of the SDCW A facilities, traffic control, and interact with
members of the public rights-of-way (public Agencies staff and City
officials).
Q REF will be responsible of supervising contractor furnished materials and
geotechnical soil and material testing.
Task 3.4 Additional Consultant Services during Construction and Inspection
The Consultant's Resident Engineer shall:
Q Approve all submittals related to performance of the work.
Q Certify that the installed casing and carrier pipe have been installed in
strict conformance with the project plans and specifications.
Q Provide a detailed plan for monitoring ground surface movement
(settlement or heave) due the casing installation.
Q The plan shall address the method and frequency of survey measurements.
Q The plan shall measure the ground movement of all structures, roadways,
and any other area of concern within 25 feet of the pipeline.
5-28
Page 21
o Monitor the casing installation to assure the excavation and casing
installation speeds are synchronized.
Task 3.5 record drawings
RBF shall prepare as-built drawings when construction is complete. Our CM staff will
furnish one complete set of marked-up drawings from the Contractor showing all changes
made during construction that deviated from the construction documents. One set of
mylars, and an electronic copy in AutoCAD format, depicting the record drawing
conditions will be provided to the City to close-out the project.
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver abIes:
Deliverable No. I:
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services:
5-29
Page 22
9. Materials Required to be Supplied by City to Consultant:
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion ofthe phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
2.
Fee for Said Phase
$
$
5-30
Page 23
3.
$
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
c. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) (X)
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 $_180,388
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.
5-31
Page 24
Category of Employee
Rate Schedule4
Name of Consultant
Hourly Rate
$
$
$
$
$
( ) Hourly rates may increase by 6% for services rendered after [month], 20-, if delay
in providing services is caused by City.
11. 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.
( )
( )
( )
( )
( )
( )
( )
( )
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 $
Cost or Rate
$
$
$
$
$
$
$
$
$
$
12. Contract Administrators:
City:
Luis A. Labrada, Associate Civil Engineer
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
4. This section should be completed in all cases--ifthe main compensation scheme is a "time
and materials arrangement" or for the purposes of requiring Additional Services.
Page 25
5-32
Telephone: (619) 397-6120
Fax: (619) 397-6250
Consultant:
John H. Harris, P.E., Project Manager
RBF Consulting
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, CA 92124
Voice Phone (858) 614-5000
Fax Phone (858) 614-5001
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( ) 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 that engage in
land development, construction or the acquisition or sale of real property.
( ) Category No.5. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
5.-33
Page 26
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
Vinje & Middleton Engineering Inc.
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
18. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Page 27
5-34
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
H:Attomey/2pty15
5-35
Page 28
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA APPROVING THE AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND RBF CONSULTING, FOR THE
PROVISION OF CIVIL ENGINEERING AND SPECIAL
INSPECTION SERVICES REQUIRED FOR THE EASTLAKE
PARKWAY SEWER CONNECTION PROJECT (KY-709) AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, staff prepared and issued a Request for Proposals (RFP) on May 25, 2007,
and on June 15, 2007, the City received a total of two proposals for the provision of civil
engineering and special inspection services required for the EastLake Parkway Sewer
Connection Project, and
WHEREAS, the City's consultant selection committee reviewed the proposals and
interviewed the two firms and the committee ranks the consultants as follows:
Consultant Proposal Amount Consultant Ranking
RBF Consulting $180,388 First Negotiation Preference
Jacobs Associates $282,902 Second Negotiation Preference
; and
WHEREAS, the ranking was based on the following: the consultant's experience, the
capacity to perform the work, the quality of the project team, the grasp of the project
requirements, responsiveness to the scope of work, the quality and clarity of the proposal,
familiarity with the local area and the fee proposal, and
WHEREAS, it is the committee's belief that anyone of these firms will spend
approximately the same number of base hours to complete this project. Therefore, based on their
greater experience and their grasp of the issues in conjunction with the fee proposal, it was the
committee's recommendation that RBF Consulting be the first negotiation preference. At this
time, staff is recommending the approval of an agreement with RBF Consulting to provide the
required services; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the project qualifies for a Class 1 (c) (Existing Facilities) categorical exemption pursuant to
Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is
necessary, and
5-36
WHEREAS, there is no impact on the General Fund as the funds for these improvements
have been provided for this project as part of CFD 06-1. All costs incurred in this effort (i.e.
Consultants expenditures and staffreimbursements) will be paid directly from the CFD as these
costs are incurred.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby award a contract in the amount of $180,388 for the provision of civil
engineering and special inspection services required for the EastLake Parkway Sewer
Connection in the City of Chula Vista, California" (KY-709) Project to RBF Consulting and
authorize the expenditure of all available funds in the project.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
~S>$"<U\\~W~
Ann Moore
City Attorney
5-37
TIlE A TT ACHED AGREE11ENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY TIlE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
TIlE CITY COUNCIL
~(~\i\Cl.x-k.~\\
Ann Moore
City Attorney
Dated: l\lIl~t 1'-~ ':1\) '7l1ci1
Agreement between
City of Chula Vista and
RBF Consulting
For the Civil Engineering and Special Inspection Services for
the Eastlake Parkway Sewer Connection Project
5-38
Agreement between
City of Chula Vista
And
RBF Consulting
For, the Civil Engineering and Special Inspection Services
For the Eastlake Parkway
Sewer Connection Project
This agreement ("Agreement"), dated for the purposes of reference only, and
effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City of Chula Vista 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 REF Consulting, whose business 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, Consultant to provide Plans, Specifications, and Estimate for the
installation of approximately 350 lineal feet of 12" sewer pipeline along Eastlake Parkway, near
the intersection of Trinidad Cove in the City of Chula Vista, and;
WHEREAS, on May 25, 2007, the City of Chula Vista's General Service division
advertised the Request for Proposal (RFP) to provide Civil Engineering and Special Inspection
Services for the Eastlake Parkway Sewer Connection Project in the City ofChula Vista, and;
WHEREAS, on June 15, 2007, the City of Chula Vista received two (2) proposals from
two (2) consultants to provide Civil Engineering and Special Inspection Services for the Eastlake
Parkway Sewer Connection Project, and;
WHEREAS, after the Selection Committee completed their review of the proposals and
interviewed two (2) of the two (2) consultant firms that were invited, the Committee selected
REF Consulting as the Consultant to provide Civil Engineering and Special Inspection Services
for the Eastlake Parkway Sewer Connection Project, and;
WHEREAS, the 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.
5-39
Page 1
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 10(C), unless a separate fixed fee is otherwise agreed upon.
All compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
5-40
Page 2
F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance ofthe work under the
contract and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors and provide documentation of same prior to commencement of work. The
insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence Form
CGOOOI).
(2) Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code 1 (any auto).
(3) Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(4) Professional Liability or Errors & Omissions Liability insurance appropriate to the
Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as applicable)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this project/location or
the general aggregate limit must be twice the required occurrence
limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$1,000,000 each occurrence
5-41
Page 3
DeductibIes and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured
retentions as they pertain to the City, its officers, officials, employees and volunteers; or the
Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are
to be named as additional insureds with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable,
and, with respect to liability arising out of work or operations performed by or on
behalf of the Consultant, including providing materials, parts or equipment furnished
in connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be primary insurance as
it pertains to the City, its officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees,
or volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions
coverage are written on a claims-made form:
(1) The "Retro Date" must be shown, and must be before the date of the contract or the
beginning of the contract work.
5-42
Page 4
(2) Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract work.
(3) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a "Retro Date" prior to the contract effective date, the Consultant
must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a current A.M. Best's rating of no less than A V. If insurance is placed with a
surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus
Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may
be made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance industry
forms, provided those endorsements or policies conform to the contract requirements. All
certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
Subcontractors
Consultants must include all subconsultants as insureds under its policies or furnish separate
certificates and endorsements for each subconsultant. All coverage for subconsultants are subject
to all of the requirements included in these specifications.
G. Security for Performance
(1) Performance Bond
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond "), then Consultant shall provide to the
City a performance bond in the form prescribed by the City and by such sureties which are
authorized to transact such business in the State of California, listed as approved by the United
States Department of Treasury Circular 570, httn://www.fms.treas.gov/c570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure,
except as provided otherwise by laws or regulations. All bonds signed by an agent must be
5-43
Page 5
accompanied by a certified copy of such agent's authority to act. Surety companies must be duly
licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the
limits so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A,
Paragraph 18.
(2) Letter of Credit
In the event that Exhibit A, at Paragraph 18, 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 Exhibit A, Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, 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.
H. 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 9, and
with the further understanding that delay in the provision of these materials beyond thirty (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 17, but in no event more frequently than
5-44
Page 6
monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph II.
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 17(C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 13.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate").
Time extensions for delays beyond the Consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect
of delays to the work and will not be granted for delays to minor portions of work unless it can
be shown that such delays did or will delay the progress of the work.
5-45
Page 7
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 14, 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 14 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's that 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
5-46
Page 8
any property which may be the subject matter of the Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 14.
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 twelve months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the T= of this Agreement, or for twelve 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 that may be in conflict with Consultant's responsibilities under this Agreement,
except with the written p=ission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
. appointed officers and employees, from ~dagainst all claims for damages, liability, cost and
expense (including without limitation reasogable attorneys fees) arising out of or alleged by third
parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for
whom Consultant is legally responsible in connection with the execution of the work covered by
this Agreement, except only for those claims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of
the City, its officers, employees. Also covered is liability arising from, connected with, caused
by or claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant
shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers
and employees, from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) except for those claims arising from the negligence or willful
misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall
not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects, landscape
architects, surveyors and engineers), the following indemnification provisions should be utilized:
5-47
Page 9
(1) Indemnification and Hold Harmless Agreement
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by
the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising
out of any services performed involving this project, except liability for Professional Services
covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold
harmless the City, its agents, officers, or employees from and against all liability. Also covered is
liability arising from, connected with, caused by, or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence or sole
willful misconduct of the City, its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under Section Exhibit A to this
Agreement.
(2) Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project,
the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and
employees fron; lIIld against any and al!liability, claims, costs, and damages, including but not
limited to, rea.sohable attorneys fees, that arise out of, or pertain to, or relate to the negligence,
recklessness or willful misconduct of Consultant and its agents in the performance of services
under this agreement, but this indemnity does not apply liability for damages for death or bodily
injury to persons, injury to property, or other loss, arising from the sole negligence, willful
misconduct or defects in design by City or the agents, servants, or independent contractors who
are directly responsible to City, or arising from the active negligence of City.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfil! 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
5-48
Page 10
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 notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 16 to the sub consultants identified thereat as "Permitted Sub consultants " .
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the provisions of the
Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the services required under
this Agreement. City maintains the right only to reject or accept Consultant's work products.
Consultant and any of the Consultant's agents, employees or representatives are, for all purposes
under this Agreement, an independent contractor and shall not be deemed to be an employee of
City, and none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, worker's compensation benefits,
injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax,
5-49
Page II
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.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 15 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
5-50
Page 12
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.
5-51
Page 13
Signature Page
To
Agreement between
City of Chula Vista
And
RBF Consulting
For the Civil Engineering and Special Inspection Services
For the Eastlake Parkway
Sewer Connection Project
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 t=s:
Dated:
Dated: 8/2.7/07
City of Chula Vista
By
Cheryl Cox, Mayor
RBF Consulting
B~~
Jo Harris, P.E., VIce PresIdent
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Exhibit List to Agreement
(X) Exhibit A
5-52
Page 14
Exhibit A
To
Agreement between
City of Chula Vista
And
RBF Consulting
1. Effective Date of Agreement:
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:
, a [insert business form]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
RBF Consulting
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, CA 92124
Voice Phone (858) 614-5000
Fax Phone (858) 614-5001
5-53
Page 15
7. General Duties:
The general duties for the consultant are to provide to the City of Chula Vista, Plans,
Specifications and Estimate for the installation of a 12" sewer pipe by means of tunneling
under several large diameter water aqueducts and other utilities. The section of pipe will
connect the existing sewer pipelines at the North and South within City's right-of-way. A
trenchless construction technique will be utilized to install a steel casing. All the engineering
services shall be completed in accordance with this Agreement as described in Paragraph 8,
Scope of Work and Schedule.
8. Scope of Work and Schedule:
1.0 DESIGN PHASE SERVICES
Task 1.1. Research Existing Reports, Drawings and Background Information
RBF shall investigate available records at the Otay Water District, SDCW A, and City of
Chula Vista for street improvements and existing utilities, and other utility company
drawings to avoid design conflicts. RBF is a member of the USA Dig-Alert service, .
which provides information regarding known utility companies (utilities lines, easements,
etc.) within the project area. This is especially helpful to identify recently installed fiber
optic and telecom conduits. Facility drawings will be obtained from each utility company
with service in the project area.
Task 1.2. Develop Facility Requirements and Design Constraints
RBF shall attend meetings with City staff, regulatory agencies, utilities, and/or
community groups as necessary to develop and refine the project's engineering
requirements and design constraints. This task will identify regulatory permits, which
will be required for this project.
Task 1.3. Site Visits
RBF and its design team shall visit the site as required to identify existing conditions,
traffic patterns, utility features and potential construction staging areas.
Task 1.4. Detailed Geotechnical Investigation
RBF's sub consultant, VME, shall provide review of background data, geologic
reconnaissance of the site, subsurface exploration consisting of 2 borings, laboratory
testing, and recommendations for the design and earthwork components of the project.
Specifically, the scope will include:
5-54
Page 16
TASK 1.4.1. FIELD EXPLORATION
a. VME will prepare a separate geotechnical investigation to assist in the design and
construction of the proposed pipeline. The investigation will include review' of
available information (consisting of available geotechnical reports, geological
maps, and stereoscopic aerial photographs), geotechnical field reconnaissance,
site visit to mark boring locations and meet with Underground Service Alert for
utility clearance, acquisition of permits necessary for the boring work, traffic
control, drilling the borings, laboratory testing, and preparation of a geotechnical
report.
The report will bear a State of California Certified Engineering Geologist or
Registered Professional Engineer seal with the signature, license number, and
registration certificate expiration date of the geologist or engineer responsible for
the preparation of the report, presenting the results of the investigation.
b. The subsurface exploration program will consist of drilling, logging, and
sampling 2 exploratory test borings to a depth of 20 feet (3 feet below the pipeline
invert), or refusal, with a truck mounted drill rig along the proposed pipeline
alignment. Proposed boring locations will be in the vicinity of the proposed drive
and receiving shafts.
c. Bulk and in-place samples of the encountered soils will be collected and
transported to the laboratory for testing. Geotechnical laboratory testing will be
performed on selected samples and will consist of in-situ moisture content and dry
density, grain size analyses, Atterberg limits, and shear strength. In the event the
existence of hydrocarbons is discovered by VME during drilling, VME will
immediately notify the City and seal the hole. Environmental sampling and testing
of the subsurface soils is not part of this work.
d. The geotechnical report will address geotechnical aspects of the alignment as
related to pipeline design and trenchless construction. The report will include
design conclusions and recommendations for:
a) Backfill and compaction requirements
b) Pipe bedding
c) Pavement section thickness and replacement
d) Site conditions
e) Earth materials
f) Soil properties
g) Slope stability
h) Trenching and shoring
i) Groundwater
j) Excavation difficulty
5-55
Page 17
e. VME will obtain all required p=its and perform required traffic control for the
purposes of geotechnical investigation drilling on the basis that the costs for
permits and traffic control will be the responsibility of the City.
Results of the investigation will be summarized in a written report complete with
field and laboratory data. Six copies of the report will be submitted. Boring logs
will be provided in electronic format for ease of incorporation into project plans.
Task 1.5. Survey and Mapping
RBF shall utilize its in-house survey crews to prepare topographic mapping of the project
area. Survey procedures shall be performed in accordance with the City's standards. Our
survey teams are equipped with the latest kinematic GPS survey equipment using cell-
phone technology to increase the range of our GPS receivers. Mapping shall be performed
using NAD83 horizontal control and NGVD88 vertical datum.
For pipeline replacement projects in urbanized areas with a number of conflicting utilities,
we prefer to create base maps at 1 "=20' with one (1) contour intervals. The reduced scale
provides superior accuracy and design detailing over the 40 scale as requested in the RFP.
RBF's survey crew will also perform detailed field surveys to locate utility features, survey
monuments and existing surface improvements that may be impacted by construction. Such
information shall be transferred to the digital topographic file and shown on the project
design drawings.
Copies of the survey control and pipeline horizontal control network will be provided to the
City's survey as part of the 90% design submittal package.
Task 1.6. Bid Documents
RBF shall work with its design team to develop the project's design to the 90% level of
completion. At this stage, plan and profile drawings of the selected alignment will be
developed, preliminary details for the connection structures and vaults, traffic control
drawings and horizontal control drawings. Draft project specifications along with the
City's boilerplate specification and bidding documents will be prepared during this phase.
Seven (7) copies of the construction bid documents will be submitted with the 90%
submittal.
Task 1.7. Quality Assurance / Quality Control
RBF's QNQC team will review the bid documents prepared in Task 1.6 for compliance
with the City's standards and for compliance with RBF's in-house quality control plan
established for this project. A copy of the QC checklist and check set of plans will be
provided to the City to demonstrate the thoroughness ofRBF's QC procedures.
Task 1.8. Construction Estimate
The construction cost estimate shall be developed and submitted with the 90% design
submittal. At this stage, price quotes from jack & bore contractors, pipe suppliers and other
major material vendors will be acquired and used in the development of the estimate.
5-56
Page 18
Task 1.9. Permit Processing and Agency Coordination
The design, including plans and specifications, will be processed through the appropriate
jurisdictional authorities for alr permits required for the project, primarily the SDCW A.
Coordination with other interested governmental agencies will be made to insure the
project results in maximum benefit to the City.
CI Appropriate traffic control plans will be provided to the City to facilitate their
review.
CI Process preliminary plans to all affected utilities. Project plans will be
transmitted to each utility, and they will be requested to review for the accuracy
of the plotting of their facilities, both live and abandoned.
CI Coordinate with the Sweetwater Union High School District and resolve
associated impacts to Eastlake High School.
RBF will include a requirement in the proj ect specification for the Contractor to implement
storm water pollution protection measures along the pipeline alignment.
Task 1.10. Design Status Meetings
During the 90% design phase, RBF's design team shall attend, on average, one (1) project
status report meeting every other month with City personnel. A meeting agenda shall be
prepared and submitted to the City at least two (2) days in advance of the meeting and draft
meeting minutes shall be provided to the City within five (5) working days of the meeting.
Meeting topics shall include, but shall not be limited to, review of previous meeting
minutes, schedule, technical issues, permits deliverable status (submitted and scheduled
de1iverables), project issues, deviation request status, and coordination with other City or
Agency projects.
RBF will also be available, if requested, to attend one (1) community group meeting during
the 90% design phase.
Task 1.11. 90% Design Workshop
The City shall review the 90% Design Submittal and provide RBF with review comments.
Within five (5) working days City staff and the Design Team shall conduct a 90% Design
Workshop, wherein the City's comments will be discussed along with RBF's proposed
response. The workshop will be intended to discuss key design issues, scheduling, permits
and community impact issues. RBF shall provide draft meeting minutes to the City within
five (5) working days of the meeting.
Following approval of the meeting minutes and RBF's response to the City's comments,
the City will issue the notice to proceed for the 90% design phase.
5-57
Page 19
Seven (7) copies of the construction bid documents will be submitted with the 90%
submittal.
Task 1.12. Final Drawings and Specifications
REF shall provide one set of specifications, one half size set of drawings and one set of
original mylar drawings signed and stamped by the Engineer of Record, Mr. John Harris,
PE. The final submittal shall also include delivery of the electronic files on CD of the
drawings in AutoCAD 2006 format and the specification and bid documents in Word 2003
format.
Task 1.13. Final Construction Cost Estimates
One (1) copy of the final construction cost estimate will be submitted with the final design
submittal and included on the CD in Excel format.
Task 1.14. Design Status Meeting
During the Final design phase, it is anticipated that one (1) design review meeting will be
held with City staff. Meeting topics shall include, but shall not be limited to, review of
previous meeting minutes, schedule, technical issues, permits, deliverable status (submitted
and scheduled deliverables), project issues, permits, deviation request status, and
coordination with SDCW A.
2.0 Bid Phase Services
This task shall include responding to construction contractor questions and requests for
information (RFI) during the bidding and award period, assisting with preparing contract
document addenda, assisting with evaluating bids during the construction contract award, and
attending a preconstruction meeting.
3.0 Construction Phase Services
Construction services will be based on a three (3) month bidding and award period (this is
extended one month due to the Holiday season) and a three (3) month construction period.
The planned services of the construction phase shall include:
Task 3.1. Shop Drawing Review and Change Orders
REF shall review detailed construction and shop drawings submitted by contractors to
ensure compliance with the design plans and specifications. Reviews shall be completed
within a maximum of one (1) week of receipt, with the typical turnaround time to be two
(2) working days. REF shall respond to construction questions to interpret, respond to
RFI's, evaluate change order requests and provide clarification to the contract documents to
ensure proper execution of the work.
5-58
Page 20
Task 3.2. Construction Status Meetings
REF's design team will be available to attend construction status meeting as maybe
required throughout the construction period. Our geoteclmical consultant will also be
available during this phase to respond to field issues and address RFI's.
Task 3.3. Construction Management and Inspection Services (CMIS)
REF's understanding of its role on the Eastlake Parkway Sewer Project is to support the
City and the Design team in the management of the construction activities related to the
project as follows:
D Staff the CMIS positions with solution oriented, seasoned, construction
management professionals with significant and relevant pipeline
experience. Designated Professionals with requisite experience with the
City and SDCW A.
D Follow City established standards and contract procedures for project
execution, reporting, and field records management.
D Provide a well managed field staff that is sensitive to the need to have an
integrated and seamless team.
D Provide all the skills needed to cover the specialized required areas such
as: full-time onsite inspection oftrenchless construction, settlement
monitoring of the SDCW A facilities, traffic control, and interact with
members of the public rights-of-way (Public Agencies staff and City
officials).
D REF will be responsible of supervising contractor furnished materials and
geotechnical soil and material testing.
Task 3.4 Additional Consultant Services during Construction and Inspection
The Consultant's Resident Engineer shall:
D Approve all submittals related to performance of the work.
D Certify that the installed casing and carrier pipe have been installed in
strict conformance with the project plans and specifications.
D Provide a detailed plan for monitoring ground surface movement
(settlement or heave) due the casing installation.
D The plan shall address the method and frequency of survey measurements.
D The plan shall measure the ground movement of all structures, roadways,
and any other area of concem within 25 feet of the pipeline.
5-59
Page 21
(J Monitor the casing installation to assure the excavation and casing
installation speeds are synchronized.
Task 3.5 record drawings
REF shall prepare as-built drawings when construction is complete. Our CM staff will
furnish one complete set of marked-up drawings from the Contractor showing all changes
made during construction that deviated from the construction documents. One set of
mylars, and an electronic copy in AutoCAD format, depicting the record drawing
conditions will be provided to the City to close-out the project.
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services:
5-60
Page 22
9. Materials Required to be Supplied by City to Consultant:
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or 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
1.
2.
Fee for Said Phase
$
$
Page 23
5-61
3.
$
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
c. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) (X)
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 One Hundred Eighty Thousand
Three Hundred Eighty Eight Dollars, ($180,388.00), 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.
5-62
Page 24
Category of Employee
Rate Schedule4
Name of Consultant
Hourly Rate
$
$
$
$
$
( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
11. 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 $
() 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 $
12. Contract Administrators:
City:
Luis A. Labrada, Associate Civil Engineer
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
4. This section should be completed in all cases--ifthe main compensation scheme is a "time
and materials arrangement" or for the purposes of requiring Additional Services.
Page 25
5-63
Telephone: (619) 397-6120
Fax: (619) 397-6250
Consultant:
John H. Harris, P.E., Project Manager
REF Consulting
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, CA 92124
Voice Phone (858) 614-5000
Fax Phone (858) 614-5001
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( ) 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 that engage in
land development, construction or the acquisition or sale of real property.
( ) Category No. 5. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) Category No. 6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
5-64
Page 26
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
Vinje & Middleton Engineering Inc.
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( X ) Monthly
( ) Quarter! y
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
18. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Page 27
5-65
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
H:Attorneyl2pty15
5-66
Page 28
CITY COUNCIL
AGENDA STATEMENT
~'i'~ ClIT OF
-~- CHUlA VISTA
9/11/07, Item iP
ITEM TITLE:
PUBLIC HEARING ON INTENTION TO FORM ASSESSMENT
DISTRICT 2007-1 (FIRST AVENUE).
RESOLUTION DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION FOR ASSESSMENT
DISTRICT NO. 2007-1 (FIRST AVENUE), MAKING FINDINGS
PURSUANT TO THE IMPROVEMENT ACT OF 1913 AND
ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA, AND ORDERING THE CONSTRUCTION OF
IMPROVEMENTS
SUBMITTED BY:
REVIEWED BY:
DIRECTOR OF ENGINEERING AND GENERAL SERVIC~Jf--
CITY MANAGER "'>I \j
ASSISTANT CITY MANAGER '> ')
4/STHS VOTE: YES D NO ~
BACKGROUND
Residential properties along First Avenue, between Naples Street and Palomar Street, are
currently without curbs, gutters, or sidewalks. Fifty of the fifty-nine property owners have
signed a petition requesting that special assessment district proceedings be commenced for the
purpose of financing the construction of these improvements. Staff has completed preliminary
design and cost estimates for this project. On July 17, 2007 Council adopted Resolutions Nos.
2007-184, 2007-185 and 2007-186, which accepted the petition, approved the proposed
boundary map and preliminary Assessment Engineer's Report, set a public hearing and ordered
the initiation of ballot proceedings.
RECOMMENDATION
1. That Council hold the public hearing, receive testimony, and close the public hearing.
2. That Council tabulate the results of the Assessment Ballot procedure.
3. That Council approve the resolution making findings at the public hearing pursuant to
Chapter 27 of the Improvement Act of 1913 (the "Block Act") and Article XIIID of
the Constitution of the State of California ("Article XIIID''), and Ordering the
Construction of Improvements.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
6-1
9/11/07, Item~
Page 2 of3
DISCUSSION
On July 17,2007 Council adopted Resolutions 2007-184, 2007-185 and 2007-186 (Attachment
A). Resolution 2007-184 accepted the petition requesting the formation of an Assessment
District for First Avenue (Naples Street to Palomar Street) and Resolution 2007-185 adopted the
map showing the proposed boundaries for Assessment District 2007-01. Resolution 2007-186
declared the intention to form the assessment district, approved the Preliminary Assessment
Engineer's Report, ordered the installation of improvements, and set the time and place for the
public hearing.
The Preliminary Engineer's Report (attached) includes the preliminary assessment, which was
presented on the property owners' ballots. The total estimated construction cost, including the
City's share, is $2,100,000, of which the property owners' share is estimated to be $357,988 to
cover the cost of constructing the concrete driveways and private improvement relocations only.
Ballots and ballot materials were originally mailed to property owners on July 18, 2007. The
property owners were informed that the ballots needed to be received by the City Clerk's office
prior to 5 :00 pm on September I I, 2007 in order to be counted.
In accordance with Article XIIID of the California Constitution, property owners may give
testimony at the public hearing or submit a new ballot. The ballots shall remain sealed until the
public hearing is closed. At that point, the ballots will be tabulated and weighted based on the
financial responsibility of the property owners. The ballot initiative will pass if 50 percent or
more of the weighted vote is in favor of establishing the district.
If the ballot initiative passes and the Council adopts the resolution, the Superintendent will
proceed with completion of the design process and cause the construction of the improvements in
the proposed assessment district.
Following completion of the construction of the improvements, City staff will confirm the final
assessments. So long as the final assessments are equal to or less than the assessments approved
by the property owners pursuant to the assessment ballot procedure, no further public hearing
will be necessary. If, however, the final assessments exceed the assessments approved by the
property owners, it would be necessary for the City to conduct a further public hearing and
assessment ballot proceeding in order to authorize the levy of assessments in the higher amounts.
Following confirmation of the final assessments, the property owners will have the option of
paying any portion of the assessments during the 30-day payoff period following acceptance of
improvements and confirmation of assessments. If assessments are not fully paid during that
time, the City customarily collects the unpaid balance on the tax roll over a period of ten years,
together with interest on the unpaid principal at an interest rate consistent with the City's
expected investment earnings rate of return. This rate has been approximately 5.5 percent
historically. Low-income residents are offered two additional deferral options. Property owners
may pay the balance of their assessments at any time during the ten-year repayment period
without penalty.
6-2
9/11/07, Item~
Page 3 of 3
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed action
was adequately covered in a previously adopted Notice of Exemption. In addition the
Environmental Review Coordinator reviewed the proposed action for compliance with the
National Environmental Policy Act (NEPA) and determined that the proposed action was
adequately covered in a previously adopted Categorical Exclusion (subject to 58.5) pursuant to
the Department of Housing & Urban Development guidelines. Thus, no further environmental
review or documentation is necessary.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
FISCAL IMPACT
The total cost of this project is estimated to be $2,100,000. It is estimated that property owners
will repay $357,988 of the cost of the project over a ten-year period. The project is completely
funded by the Section 108 Loan. Routine maintenance will be required.
ATTACHMENTS
1. Resolutions 2007-184, 2007-185, and 2007-186
2. Preliminary Engineer's Report
Prepared by: Jeff Moneda, Sr. Civil Engineer, General Services Department
M:\General Services\GS Administration\COWlcil Agenda\STL-303 First Avenue Assessment Dist\First Avenue Assessment District Public Hearing AI13.doc
6-3
AITACHMENT /
RESOLUTION NO. 2007-184
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A PETITION REQUESTING THE
FORMATION OF AN ASSESSMENT DISTRICT FOR FIRST
AVENUE (NAPLES STREET TO PALOMAR STREET) FOR
THE PURPOSE OF FINANCING THE CONSTRUCTION OF
STREET IMPROVEMENTS
WHEREAS, City staff received a petition on November 2003, initiating the formation of
an Assessment District for the construction of street improvements along First Avenue, from
Naples Street to Palomar Street; and
WHEREAS, fifty of the fifty-nine property owners within the proposed District
bOillldaries were in favor of the district formation; and
WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings,
requires that the City provide all engineering, inspection and administrative services, as well as
paying for all relocation and reconstruction of the existing roadway, ifrequired; and
WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway
aprons, resurfacing and widening of the existing asphalt pavement along First Avenue between
Naples Street and Palomar Street and the property owners would be required to pay for the
driveway aprons and the relocation of any private improvements within the City's right-of-way;
and
WHEREAS, details of the cost breakdown and design considerations are included in the
Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and
the recommended construction costs payable per property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept a petition requesting the formation of an Assessment District for First
A venue (Naples Street to Palomar Street) for the purpose of fmancing the construction of street
improvements.
Presented by
Approved as to form by
~~~~~\\.
Ann Moore ~
City Attorney
6-,4
Resolution No. 2007-184
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of ChuJa Vista,
California, this 17th day of July 2007 by the following vote:
AYES:
Councilmembers:
NAYS:
Councilmembers:
ABSENT:
Councilmembers:
ATTEST:
-= iut, '~~L1 )
Susan Bigelow, M.\1C, Ci lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
Castaneda, McCann, Ramirez, and Cox
None
Rindone
/7 '
tl ~tr;.
Cheryl Cox, . ayor
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2007-184 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of July 2007.
Executed this 17th day of July 2007.
-~ --'lJ ..{ lJ.. ;:-:>~ t r.
Susan Bigelow, MMC, City Cler -
)
i
. _.__ ,",_J
5-&-
RESOLUTION NO. 2007-185
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A MAP SHOWING THE
PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT
NO. 2007-1 (FIRST AVENUE)
WHEREAS, City staff received a petition in November 2003, initiating the formation of
an Assessment District for the construction of street improvements along First A venue, from
Naples Street to Palomar Street; and
WHEREAS, fifty of the fifty-nine property owners within the proposed District
boundaries were in favor of the district formation; and
WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings,
requires that the City provide all engineering, inspection and administrative services, as well as
paying for all relocation and reconstruction of the existing roadway, ifrequired; and
WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway
aprons, resurfacing and widening of the existing asphalt pavement along First A venue between
Naples Street and Palomar Street and the property owners would be required to pay for the
driveway aprons and the relocation of any private improvements within the City's right-of-way;
and
WHEREAS, details of the cost breakdown and design considerations are included in the
Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and
the recommended construction costs payable per property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby adopt a map showing the proposed boundaries for Assessment District No.
2007-1 (First Avenue).
Presented by
Approved as to form by
<tw",ic){\~~~
Ann Moore
City Attorney
6-6
Resolution No. 2007-185
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 17th day of July 2007 by the following vote:
AYES:
Councilmembers:. Castaneda, McClIIlIl, Ramirez, and Cox
NAYS:
Councilmembers: None
ABSENT:
Councilmembers: Rindone
ATTEST:
'1 '
It-~C ~
Cheryl Cox, ~a or
~\ A .J
- "'Ull.J. t ~L-.CI r.
Susan Bigelow, MMC, City CleHC'
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2007-185 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of July 2007.
Executed this ] 7th day of July 2007.
<w._ r~
- dJ..-1
Susan Bigelow, MMC, City Cler
..---.---
6-~-7-. .-------_____ _00___ . u_ m _ __ _ .... _.
,
.. ...J
RESOLUTION NO. 2007-186
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE INSTALLATION OF
CERTAIN IMPROVEMENTS ON FIRST A VENUE (NAPLES
STREET TO PALOMAR STREET), APPROVING THE
PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME
AND PLACE FOR A PUBLIC HEARING AND ORDERING
THE INITIATION OF BALLOT PROCEDURES
WHEREAS, City staff received a petition in November 2003, initiating the formation of
an Assessment District for the construction of street improvements along First Avenue, from
Naples Street to Palomar Street; and
WHEREAS, fifty of the fifty-nine property owners within the proposed District
boundaries were in favor of the district formation; and
WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings,
requires that the City provide all engineering, inspection and administrative services, as well as
paying for all relocation and reconstruction of the existing roadway, if required; and
WHEREAS, the project consists of construction of curb, gutter, 'Sidewalk and driveway
aprons, resurfacing and widening of the existing asphalt pavement along First A venue between
Naples Street and Palomar Street and the property owners would be required to pay for the
driveway aprons and the relocation of any private improvements within the City's right-of-way;
and
WHEREAS, details of the cost breakdown and design considerations are included in the
Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and
the recommended construction costs payable per property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby order the installation of certain improvements on First A venue (Naples Street
to Palomar Street), approving the Preliminary Engineer's Report, setting the time and place for a
public hearing and ordering the initiation of ballot procedures.
Presented by
Approved as to form by
,
~~~~
Ann Moore
City Attorney
6-8
Resolution No. 2007-186
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of July 2007 by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, and Cox
NAYS:
COUDcilmembers:
None
ABSENT:
COUDcilmembers:
Rindone
ATTEST:
aLL~
Cheryl Cox, M@ror
~ ::r~
~l.t1Al
Susan Bigelow, MMC, City rk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2007-186 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of July 2007.
Executed this 17th day of July 2007.
- . f>1.AtU.. I ~
Susan Bigelow, MMC, City Clerk
.J
- -- ---- -. ------.--- --.-- - --.-----6-9--.-----------_ _ _ ____. __.____..__ _. .._
ATTACHMENT Z--
PRELIMINARY
ENGINEER'S REPORT
FIRST AVENUE SIDEWALK IMPROVEMENTS
1913 ACT
ASSESSMENT DISTRICT
AD 2007-01
JUNE 28, 2007
6-10
Backefound
First Avenue, between Naples Street and Palomar Street in Chula Vista, is a residential
street with an 80-foot width of right-of-way and is located within the Castle Park area of
the City of Chula Vista. The Castle Park area is generally bounded by Third Avenue to
the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the
south. Existing improvements along First A venue generally consist of asphaltic concrete
pavement with some existing curb-and-gutter improvements.
In November 2003, fifty-nine First Avenue property owners submitted a petition to the
City requesting the initiation of proceedings to form an assessment district in accordance
with the hnprovement Act of 1913. This district would fmance the construction of the
missing curb, gutter and sidewalk and other street improvements along First Avenue,
from Naples Street to Palomar Street.
The City currently has a policy regarding participation in ]913 Block Act proceedings.
According to this policy, the City will provide all engineering, inspection and
administrative services at no cost to the property owners. It is the City's responsibility to
relocate or replace all existing public improvements, which would be in conflict with the
new improvements, including utilities, and costs associated with construction of the curb,
gutter and sidewalk, and street reconstruction. These costs would not be assessed to the
property owners. The property owners would be responsible to pay for all costs
associated with the driveway apron construction and any costs associated with the
relocation of private improvements (only if private improvements are located in the
public right-of-way).
2
6-11
Overall Desie:n and Cost Estimate
The project area and general location of improvements are shown on Exhibit A, the
Proposed Boundary Map for Assessment District 2007-01, First Avenue. The properties,
which will benefit from these improvements and would be a part of the district, are as
follows:
Address Assessor's Parcel Address Assessor's Parcel
Number Number
1237 FIRST AV 619-261-47 1103 FIRST AV 619-151-01
1154 FIRST AV 619-192-22 1247 FIRST AV 1119-261-17
1117 FIRST AV 619-151-04 1280 FIRST AV ~19-250-19
1179 FIRST AV 619-201-03 1169 FIRST AV ~19-201-01
1138 FIRST AV 619-142-12 1122 FIRST AV 619-142-09
1134 FIRST AV 619-142-11 1128 FIRST AV 619-142-10
1255 FIRST AV 619-270-02 1248 FIRST AV 619-232-39
1209 FIRST AV 619-261-10 1195 FIRST AV 619-201-06
1219 FIRST AV 619-261-11 1139 FIRST AV 19-151-08
1180 FIRST AV 619-192-16 1214 FIRST AV 19-232-17
1160 FIRST AV 619-192-20 1173 FIRST AV 19-201-02
1254-1256 FIRST AV . 619-250-38 106 PALOMAR ST 19-250-18
103 GLENHAVEN WY 619-250-36 1111 FIRST AV 19-151-03
1276-1278 FIRST AV 619-250-37 1133 FIRST AV 19-151-07
1186 FIRST AV 619-192-27 1116 FIRST AV 619-142-27
1155 FIRST AV 619-201-16 1118 FIRST AV 619-142-28
1239 FIRST AV 619-261-25 1143 FIRST AV 619-151-09
1235 FIRST AV 619-261-45 1156 FIRST AV 19-192-21
1129 FIRST AV 619-151-06 1107 FIRST AV 19-151-02
1265 FIRST AV 619-270-14 h157 FIRST AV i1l19-201-15
1176 FIRST AV 619-192-17 1142 FIRST AV )619-142-13
1286 FIRST AV 619-250-10 , 1204 FIRST AV 619-232-14
1197 FIRST AV 619-201-07 1227 FIRST AV . 619-261-32 ..
1149 FIRST AV 619-151-10 1153 FIRST AV 1119-201-17
108-110 HENRY LANE 619-232-18 97 OXFORD ST 619-261-01
1251 FIRST AV 619-270-01 1185 FIRST AV 619-201-04
1112 FIRST AV 619-142-07 1189 FIRST AV 619-201-05
1172 FIRST AV 619-192-18 1188 FIRST AV 619-192-14
1168 FIRST AV 019-192-19
1206 FIRST AV 619-232-16
1123 FIRST AV 619-151-05
3
6-12
The improvements include reconstruction of the asphaltic concrete street, construction of
monolithic curb, gutter and sidewalk, and miscellaneQus associated drainage facilities.
The sidewalk will be five feet wide and will match the existing sidewalk at the south end
of First Avenue, adjacent to Palomar Street. Where driveways are located, a driveway
apron will be constructed to provide a transition between the street, the sidewalk and the
driveways.
Several properties have trees, fences or walls, which will need to be removed, relocated
or reconstructed to construct the proposed street improvements.
Total construction cost for the project is estimated to be $1,600,000. This estimate is
based on the preliminary design. City staff costs for design, inspection and associated
soil testing are estimated to be an additional $500,000.
Method of Apportionment
The City of Chula Vista has offered the Castle Park area property owners an incentive to
form an Assessment District for the installation of street improvements. The City would
pay for replacement of existing improvements and City staff costs related to planning,
design, surveying and construction inspection. Property owners would be required to pay
for the driveway aprons and the relocation of private improvements within the City right-
of-way. The property owners' responsibility has a total estimated cost of $357,988.
Costs must be apportioned to each property based on the area of the driveway aprons
along the property's frontage and any private improvement relocation within the City's
right-of-way. .
The breakdown of construction costs among the fifty-nine properties within the district is
shown below. For each property, the square footage of driveway apron was individually
calculated. The calculation was broken into two parts: the actual driveway and the wing
area on each side of the driveway, which provides a transition between the driveway and
the sidewalk. Several properties will also require private improvement reloc<l,tion. Costs
associated with the relocations are included with the preliminary assessment.
4
6-13
Assessor's Private Improvement Preliminary
Address Parcel Number Modifications Assessment
1237 FIRST AV 619-261-47 $7,500
1154 FIRST AV 619-192-22 $5,508
1117 FIRST AV 619-151-04 $4,356
1179 FIRST AV 619-201-03 $5,772
1138 FIRST AV 1619-142-12 $3,192
1134 FIRST AV 619-142-11 $3,972
1255 FIRST AV 619-270-02 Tree $5.280
1209 FIRST AV 619-261-10 $7,356
1219 FIRST AV 1619-261-11 $5,256
1180 FIRST AV 619-192-16 $6,084
1160 FIRST AV 619-192-20 $2,988
1254-1256 FIRST AV 619-250-38 $5,784
103 GLENHAVEN WY 619-250-36 $3,276
I
1276-1278 FIRST AV 619-250-37 $10,584
1186 FIRST AV 619-192-27 $9,168
1155 FIRST AV 619-201-16 Post and rail fence $7,064
1239 FIRST AV 619-261-25 2 trees $4,604
1235 FIRST AV 619-261-45 $5,148
1129 FIRST AV 619-151-06 Chain link fence $8,984
1265 FIRST AV 619-270-14 $2,772
1176 FIRST AV 619-192-17 .-'- $4,476
1286 FIRST AV 619-250-10 I $2,412
1197 FIRST AV 619-201-07 Wooden fenca and I
post and rail fence $7,604
1149 FIRST AV 619-151-10 $6,672
108-110 HENRY LANE 619-232-18 $4,200
1251 FIRST AV 619-270-01 $3,111
1112FIRSTAV 619-142-07 $4,992
1172 FIRST AV 619-192-18 $2,724
1103 FIRST AV 619-151-01 $8,136
1247 FIRST AV 619-261-17 $5,808
1280 FIRST AV 619-250-19 $6,744
5
6-14
1169 FIRST AV 619-201-01 Wrought iron fence, 2
trees $10,424
1122 FIRST AV 619-142-09 $7,104
1128 FIRST AV 619-142-10 $3 708
1248 FIRST AV 619-232-39 $5,916
1195 FIRST AV 619-201-06 Chain link fence $8,612
1139 FIRST AV 619-151-08 Wrought iron fence
$8,288
1214 FIRST AV 619-232-17 $5,004
1173 FIRST AV 619-201-02 Chain link fence $9,932
106 PALOMAR ST 1619-250-18 $2,400
1111 FIRSTAV 1619-151-03 $7,524
1133 FIRST AV 619-151-07 Tree and fence
$6,764
1116 FIRST AV 619-142-27
$6,024
1118 FIRST AV 619-142-28
$5,472
1143 FIRST AV 619-151-09 $9,480
1156FIRSTAV 619-192-21
$3,300
1107 FIRST AV 619-151-02
$7,368
1157 FIRST AV 619-201-15 Wrought iron fence $11,264
1142 FIRST AV 619-142-13 $3,192
1204 FIRST AV 619-232-14 $4,488
1227 FIRST AV 619-261-32 Tree $15,032
1153 FIRST AV 619-201-17 2 trees, chain fence $8,180
97 OXFORD ST 619-261-01 $4,968
1185 FIRST AV 619-201-04 $4,884
1189FIRSTAV 619-201-05 Post and rail fence $6,860
1188 FIRST AV 619-192-14 $3,192
1168 FIRST AV 619-192-19 $3,816
1206 FIRST AV 619-232-16 $5,148
1123 FIRST AV 619-151-05 Chain link fence $8,064
The cost breakdown in tlus Engineer's Report will be reviewed after the project has been
constructed. At that time, all quantities and costs will be known and Final Assessments
can be determined. The assessment for each individual property cannot be increased
without another ballot process.
6
6-15
~I~ ~~ ~
"
d
~l 6~ =
d
.
is
""'''''' g~
~-
<< ~:
z .~
Cl:: ".
0 . @~
... ~ ~~~
f-:J ~
~U<< . .~g
O_U " ~~~
I 0:::15 ~ '<.
1i~j
r---f-W ~ "'''''iII
:58.
o (f1 >- ~ ~~e
-<( !;:j"~
00>- . Q'~
<IlN <Il ~ iaj
!:! f-6
Cl::f-Z" ..
<< W ~-
ooUW-
z- 00 :::;.-.r.:
=>0:::2z I ~ i
Of-W<<
"'(f1><Il ::;';::.. Ii =1; l!l
00-0'" ~ ~. ,
WO 0 . .~ .
a ~ ,
gj 0::: >- 5 :l!i ..
.. ::t.. ..
CLf-Q~ ~ !~ ~
IEZ2=> ~~
CLw-8 I .:
2f-- i ""
(f1U':: z
(f1 <( >Q
W >
(f1n:3
(f1 ~ =>
<( Q) 13
~... 5~
0 ~~~~..
>- ;:;;;;;-.... n
>- ~ff...:5...
U ;!wElt~
~~., I
. =. ~.
':2ali>; . ;:! 1:>- il
J33HlS =wH 'oI..c~ ;- ca .
;~~~ pi ;
::l...t.'ei Q '. Q
f ~~~:~ b tf~ ,
~;:. -rg 5 li~ "
Q
:aBij ~ i ~~ ~
If ~b';ga~ <I "
i6bl:l8Ji! . ~Q "
Q , Q
6-16
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION FOR ASSESSMENT
DISTRICT NO. 2007-1 (FIRST AVENUE), MAKING
FINDINGS PURSUANT TO THE IMPROVEMENT ACT OF
1913 AND ARTICLE XIIID OF THE CONSTITUTION OF THE
STATE OF CALIFORNIA, AND ORDERING THE
CONSTRUCTION OF IMPROVEMENTS.
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City"),
CALIFORNIA, has been presented and has received a petition from certain property owners
requesting the installation of certain sidewalk improvements, together with appurtenances and
appurtenant work in connection therewith, such improvements to be installed pursuant to the
provisions and authority of the "Municipal Improvement Act of 1913" (being Division 12 of the
Streets and Highways Code of the State of California and City Council Ordinance No. 2952);
and
WHEREAS, this City Council, acting in response to such petition, initiated proceedings
to form an assessment district to pay for the project pursuant to the provisions of the Streets and
Highways Code, Article XnrD of the Constitution of the State of California ("Article XlIID")
and the "Provision 218 Omnibus Implementation Act" (Government Code Section 53750 and
following - the "Implementation Act") (the Municipal Improvement Act of 1913, Article XlIID
and the Implementation Act may be referred to collectively herein as the "Assessment Law");
and
WHEREAS, the assessment district has been designated as Assessment District No.
2007-1 (First Avenue) (the "Assessment District"); and
WHEREAS, a report of the Assessment Engineer's Report (the "Preliminary Assessment
Engineer's Report"), required by the Assessment Law was previously presented, considered and
preliminarily approved; and
WHEREAS, the Preliminary Assessment Engineer's Report, as preliminarily approved
was prepared and contained all the matters and items called for pursuant to the provisions of the
Assessment Law, including the following:
A. Plans and specifications of the improvements;
B. An estimate of the cost of the construction of the improvements, including the
cost of the incidental expenses, in connection therewith, including that portion of
such costs and expenses representing the special benefit to be conferred by such
improvements on the parcels with the Assessment District;
C. A diagram showing the Assessment District, which also shows the boundaries and
dimensions of the respective subdivisions of land within such Assessment
District, with each of which subdivisions given a separate number upon such
diagram;
6-17
Resolution
Page 2
D. The proposed assessment of the assessable costs and expenses of the construction
of the improvements upon the several divisions of land in the Assessment District
in proportion to the estimated special benefits to be conferred on such
subdivisions, respectively, by such improvements. Such assessment refers to such
subdivisions upon such diagram by the respective numbers thereof; and
E. A description of the improvements.
WHEREAS, notices of such hearing, accompanied by assessment ballot materials were
regularly mailed in the time, form and manner required by the Assessment Law and as evidenced
by a certificate on file with the transcript of these proceedings, a full hearing has been given; and
WHEREAS, at this time all assessment ballots submitted pursuant to the Assessment
Law have been tabulated, all in the manner provided by the Assessment Law; and
WHEREAS, at the time this City Council determines that the assessment ballots received
by the City in favor of the proposed assessment and weighted as required by the Assessment Law
exceed the assessment ballots received in opposition to the assessment and similarly weighted
and, therefore, a majority protest pursuant to the Assessment Law does not exist.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION I. RECITALS. The above recitals are all true and correct.
SECTION 2. ASSESSMENT BALLOT TABULATION. The assessment ballots
submitted pursuant to the Assessment Law in favor of the proposed assessment
and weighted as required by the Assessment Law exceed the assessment ballots
submitted in opposition to such proposed assessment and similarly weighted and
it is therefore determined that a maj ority protest pursuant to Assessment Law to
the levy of the proposed assessments does not exist.
SECTION 3. SPECIAL BENEFITS RECEIVED. Based upon the Preliminary
Assessment Engineer's Report and the testimony and other evidence received at
the public hearing, it is hereby determined that:
A. All properties within the boundaries of the Assessment District receive
a special benefit from the improvements;
B. The proportionate special benefit derived by each parcel, proposed to
be assessed, has been determined in relationship to the entirety of the
cost of the construction of the improvements;
C. No assessment is proposed to be imposed on any parcel which exceeds
the reasonable cost of the proportional special benefit to be conferred
on such parcel from the improvements;
D. Only special benefits have been assessed; and
E. There are no parcels which are owned or used by any agency as such
term is defined in Article XIIID, the State of California or the United
States that specially benefit from the improvements.
6-18
SECTION 4. CONSTRUCTION OF THE IMPROVEMENTS. This City
Council finds that the owners of the properties within the proposed boundaries of
the Assessment District have, pursuant to Streets and Highways Code Section
5879, waived the sixty-day period within which such owners may construct such
improvements. Therefore, the City Council hereby orders the Superintendent of
Streets to cause the construction of the improvements.
SECTION 5. AUTHORITY FOR CONSTRUCTION. All of the construction
proposed shall be done and carried through and fmanced pursuant to the
applicable provisions of the Municipal Improvement Act of 1913 and City
Council Ordinance No. 2952.
SECTION 6. FINAL ASSESSMENT ENGINEER'S REPORT. Upon the
completion of the construction of the improvements, the Superintendent of Streets
is ordered to prepare and file with this City Council a Final Assessment
Engineer's Report that shall contain all of the information contained in the
Preliminary Engineer's Report modified to reflect the actual cost of construction
of the improvements. If the actual construction costs of the District's
improvements do not exceed the cost estimate included in the Final Engineer's
Report and reflected in the assessments shown on the assessment ballots, the
assessments shall be reduced by City Council resolution without a public hearing.
Conversely, if the actual construction costs do exceed the cost estimate included
in the Final Engineer's Report and recovery of such excess costs would require an
increase in the assessments previously levied, approval of such increase in the
assessments shall require a subsequent public hearing and assessment ballot
proceeding.
Presented by
Approved as to form by
Jack Griffin
Engineering and General Services Director
6-19
CITY COUNCIL
AGENDA STATEMENT
~ \'1::. CITY OF
~CHUlA VISTA
9/11/07, Item~
ITEM TITLE:
PUBLIC HEARING TO CONSIDER WAIVING MINOR
IRREGULARITY ON THE BID RECEIVED FOR THE
"EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR-288)"
PROJECT PER CITY CHARTER SECTION 1009
RESOLUTION WAIVING IRREGULARITY, ACCEPTING
BIDS AND AWARDING CONTRACT FOR THE "EUCALYPTUS
PARK SECURITY LIGHTING (CIP NO. PR-288)" PROJECT TO
PALSONS ELECTRICAL SERVICES, INC.
REVIEWED BY:
DIRECTOR OF ENGINERING AND GENERAL SERVICES~~.
CITY MANAGER 7""-
ASSISTANT CITY MANAGER S-7
4/5THS VOTE: YES 0 NO ~
SUBMITTED BY:
It is recommended that the public hearing be opened and the item continued to the meeting of
September 18, 2007.
Prepared by: Dick Thompson, Sr. Building Projects Supervisor, General Services Department
M:\General Services\GS Administration\Council Agenda\PR288 Eucalyptus Park Lighting\PR2884 Rev 082907.doc
7-/