HomeMy WebLinkAbout2007/12/18 Item 9
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
12/18/07, Item S-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO
THE CIVIC CENTER DESIGN BUILD AGREEMENT WITH
HIGHLAND PARTNERSHIP, INC. FOR THE CIVIC CENTER
RENOVATION PROJECT TO INCREASE THE GUARANTEED
MAXIMUM PRICE FOR PHASE 3 OF THE PROJECT BY
$1,699,514 AND AUTHORIZING THE MAYOR TO SIGN THE
SECOND AMENDMENT
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 3.50.170 OF THE
MUNICIPAL CODE AUTHORIZING THE CITY COUNCIL TO
APPROVE LOANS FROM THE CITY TO THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE FUND MID-YEAR
RESOLUTION AUTHORIZING A LOAN IN THE AMOUNT OF
$4,161,570 FROM THE PARKS ACQUISITION AND
DEVELOPMENT FEE FUND TO THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE FUND AND APPROPRIATING
$1,161,570 OF THOSE LOAN PROCEEDS TO PHASE 3 OF THE
CIVIC CENTER (GG-300) (4/5th VOTE REQUIRED)
SUBMITTED BY:
RESOLUTION APPROPRIATING INTEREST EARNINGS IN THE
AMOUNT OF $474,635 FROM THE CIVIC CENTER PHASE 2
CERTIFICATES OF PARTICIPATION TO PHASE 3 OF THE
CIVIC CENTER (CIP NO. GG-300) AND AUTHORIZING THE
TRANSFER OF ANY REMAINING PROJECT FUNDS FROM
CIVIC CENTER RENOVATIONS PROJECT PHASE 1 (CIP NO.
GG-139) AND PHASE 2 (CIP NO. GG-200) TO PHASE 3 (CIP NO.
GG-300) (4/5th VOTE REQUIRED)
DIRECTOR OF ENGINEERING AND GENERAL SERVICES ~
DIRECTOR OF FIN E
CITY MANAGER
ASSISTANT CITY AN
REVIEWED BY:
4/5THS VOTE: YES [!] NO D
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BACKGROUND
In July of2001, the City Council approved a master plan for the renovation of the Civic Center.
On February 18, 2003, the City Council approved a Design Build Agreement ("Agreement")
with Highland Partnership, Inc. ("HPI") to design and construct the project. On August 3, 2004,
the City Council approved the Guaranteed Maximum Price ("GMP") of the project at
$38,346,000. The GMP reflects the amount to be paid to the design builder for design and
construction. The total project budget approved by City Council on August 3, 2004 was
$50,148,000. This action appropriates the funds to complete the third and final phase of the
project in accordance with those previous City Council actions.
On February 20, 2007, the City Council approved the funding of Phase 3 of the Civic Center
project and appropriated funds therefore. Phase 3 of the project includes the renovation of the
former police department building, the demolition of the Legislative Office Building and the
Community Development Building and the construction of the additional parking and
landscaped areas. The renovated former police department building will house the Human
Resources Department, Redevelopment Agency and Housing Authority, Recreation Department,
Information Technology Systems Department, Office of Conservation and Environmental
Services, a portion of the Building and Planning Department and the Chula Vista Employees
Credit Union. Phase 3 is funded by a combination of the Public Facility Development Impact
Fee Fund (93.68%) and the General Fund (6.32%). The approved budget for Phase 3 is
$15,015,000 and was funded using only cash on hand.
Since construction commenced on Phase 3, a number of issues have arisen which have caused
the project budget to be adversely impacted. The major issues are the discovery of unexpected
and significant amounts of asbestos in the building, significant enhancement to the City's
computer server rooms and associated equipment upgrades, changes in floor plans on the first
floor and the expansion of use of the basement with the relocation of Planning and Building staff
out of their leased space in the Eastlake Business Center into the basement.
ENVIRONMENTAL REVIEW
The project has been approved under a Mitigated Negative Declaration, IS-04-013.
RECOMMENDATION
That Council adopt the resolutions and ordinance.
BOARDS/COMMISSION RECOMMENDATION
None.
DISCUSSION
AMENDMENT TO THE DESIGN IBUILD AGREEMENT
Pro/eel Description
The Civic Center project has three construction phases. Phase I was the demolition and
reconstruction of City HalL That phase was substantially completed in November of 2005.
Phase 2 was the renovation of the Public Services Building CPSB"). That phase was
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substantially completed in January of2007. The final phase is the renovation of the former police
department building and the demolition of the Legislative Office Building and Community
Development Building. The total project budget for the project that the Council approved on
August 3, 2004 is $50,148,000. The GMP, the portion that is paid to the City's Design Builder,
HPI, for this project, is $38,346,000. The GMP covers all design and construction related costs
of the project. The remaining funds in the budget beyond the GMP are utilized for a variety of
purposes including furniture, fixtures and equipment, proj ect insurance, staff time, consultant
services, etc.
As stated above, the first phase of the project was substantially completed in November 2005.
The phase included the demolition of the 18,300 square foot City Hall and construction of the
new facility. The actual cost of Phase 1 was $22,233,610 which translates into $542,390 below
the approved budget.
In an effort to make the multi-year, multi-phase project as fiscally efficient as possible, the
design costs for Phases 2 and 3 and the vast majority of the project insurance costs were all
included in Phase 1. Additionally, some materials such as doors, flooring, ceiling tiles, etc. were
purchased for all three phases during Phase 1.
Phase 2 included the renovation of the 29,700 square foot Public Services Building (PSB). The
Budget that was approved for Phase 2 was $12,357,000. In addition to that, $542,390 of the
Phase 1 savings was transferred into Phase 2, bringing the total Phase 2 budget up to
$12,899,390. Phase 2 has now been closed out with a total cost of $12,728,068. The net result
of the first two phases was a combined budget of $35,133,000 and a total expenditure of
$34,961,678, leaving an available balance of $171,322. Table 1 below summarizes the total
budgets for Phases 1 and 2.
Table 1. Phase 1 and Phase Two Budget Summary
Phase
Phase 1
Phase 2
* Approved budget for Phase 2 includes carryover of savings from Phase 1.
Phase 3 Chanl!es
Immediately after Phase 2 was completed, Phase 3 commenced. As stated above the approved
budget for Phase 3 is $15,015,000. As stated above, some expenses for Phase 3 were paid in
earlier phases. Attachment 1 is the staff report that was presented to City Council and approved
on February 20, 2007 regarding these issues. Shortly after staff was relocated out of the former
police department building and work commenced, a significant asbestos issue was discovered.
An environmental review of all of the buildings in the complex had been done prior to any
construction commencing. The reports, which the City contracted for directly and provided to
HPI, noted that there would be some asbestos present, however, it turned out that the problem
was far more extensive than was anticipated. This discovery led to a suspension of work while
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an asbestos mitigation plan was developed and submitted to the appropriate governmental
agencies for approval.
At the same time that the asbestos plans were being developed, the Administration Department
informed the General Services Department that it wished to close the satellite building
inspection/plan check office in the Eastlake Business Park and relocate that operation to the
Civic Center. This relocation would enable the City to terminate and/or allow the office space
lease agreement it has to expire. The only place in the Civic Center that these staff can be
housed is the un-programmed area of the basement of the former police department. Our design
build agreement and project budget did not contain any funds for the design and construction
space as it was intended that it to be roughed in and then utilized at some point in the future
when necessary.
There have also been a number of other changes that the Engineering and General Services
Department have been instructed to undertake that were not part of the City's original scope or
were changes to the original scope that resulted in cost increases. Table 2 below provides a
summary of the approved project budget for Phase 3. Table 3 below provides a summary of the
cost additive changes. As the table indicates, we have described those changes that we would
have normally expected to be paid out of the approved project contingency, those changes that
were not typical contingency items but were also not a result of City generated scope increases
and those changes that were the result of scope changes that the City directed. The Engineering
and General Services Department generated none of the scope changes.
Table 2. Approved Design and Construction Budget for Phase 3
$785,000
$10000
$83,000
$166,000
$409,000
$142,000
$200,000
$739,000
$6,689,000
$1,419,000
$415,000
Total Desi n Builders Costs
$11,057,000
Ci
$3,012,000
Pro' ect Insurance
$946,000
Total Phase 3 Costs
$15,015,000
9-4
Table 3. Cost Additive Changes
Item
Cost
Site Utili Increases
ITS-Enhanced AC/Server Room Work
Plan Check Chan es
Sewer Pum Location*
Lobb Ceilin Modifications**
Comm. Dev. Floor Plan Chan es
Roof Drain/Slo e Issues
Eastlake Staff Relocation
Asbestos Abatement
Re lenishment of DB Contin enc ***
Pro' ect Insurance Increase
Additional Staff Time
$33,980
$289,959
$171,123
$75,194
$2,398
$151,202
$100,884
$401,200
$876,642
$400,000
$18,400
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Normal
Contingency
Item
City Generated
Scope Change
Yes
No
No
No
Yes
No
Yes
No
No
No
No
No
No
Yes
Yes
Yes
No
Yes
No
Yes
No
No
No
Yes/No
* While this is shown as an added cost, it was known when the City's FY 2007-08 CIP
Budget was approved and sufficient sewer funds were appropriated at that time to cover this
item.
** The amount depicted is for design costs only. Construction costs will be able to be
covered within the replenishment ofthe DB Contingency.
*** It is hoped that not all of this replenishment will be needed, however, we will be
demolishing two older buildings that may have environmental issues we're not aware of at
present, therefore, we feel it is prudent to fully fund the contingency at present. Any funds not
expended will be returned to the City's funds.
Table 4 below breaks down the gross costs into the normal contingency items, those items that a
contingency would not typically cover but were not City generated scope changes and the City
scope changes.
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Table 4. Summary of Cost Changes
As Table 4 indicates, the project would have come in within the 2004 approved budget but for
the asbestos and city generated scope changes. In fact, we believe that there is a chance that the
project may have been slightly under budget since we had an original project contingency of
$415,000 and would have tapped into it for only $137,262 as of today. As stated above, there is
still quite a bit of work to do and the demolition of the Community Development and Legislative
Office buildings could still create some cost issues.
To further analyze the fiscal status of the Phase 3, if we were to assume the full expenditure of
the approved project budget and the asbestos remediation costs of $876,642, we would have been
6% over budget. With respect to the entire project, had all costs associated with all three phases
been spent, plus the asbestos costs, the project would be 1.75% over budget.
GMP Adiustment
The preceding discussion focused on the total project costs, which are ultimately what's most
important. The GMP only relates to those costs in the project that are payable to the design
builder. As such the amendment to the GMP is a somewhat different amount. As stated earlier,
the approved GMP for the entire project is $38,346,000. There have been no changes to the
GMP to date. The cost additive increases discussed within this report, result in a net need to
increase the GMP by $1,699,515. Table 5 below summarizes how the GMP adjustment was
calculated and Attachment 2 is a copy of Prime Contract Change Order #05 that details how the
above amount has been determined.
Table 5. Summary of GMP Adjustment
Amended Phase 3 GMP
A roved Non Cost Additive Transfers
Current Phase 3 GMP
Total Costs to Date
$8,428,488
$261,422
$8,689,910
Committed Costs to Date
General Conditions
Asbestos Abatement
Various Construction Cost Increases
$876,642
$1,225,940
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Previousl Committed Costs
Variance To Hard Costs From Bud
Civic Center Budi!et Status
As indicated in Tables 3 and 4, the total cost of changes to Phase 3 is $2,741,351. As prior staff
reports have indicated, there were some savings from the first two phases of the proj ect. Those
savings have been brought forward from phase to phase. It is important to note that the
Guaranteed Maximum Price (GMP) and total project budget for the entire project was
established on August 3, 2004. That price was set when construction costs, particularly material
costs, were escalating significantly. The Design Build Contract did provide for automatic GMP
increases based on recognized construction cost indexes. None of those automatic GMP
increases have been sought by HPI nor are any anticipated.
As the Civic Center project is a multi-phased project with several distinct funding sources, there
are funds that have not been expended in the cash accounts and the bond financed accounts for
Phases 1 and 2 that are available to be utilized to offset the Phase 3 increases. Table 6 below
provides a summary of funds available within the project that can be utilized to offset the Phase
3 cost increases.
Table 6. Funds Available in Civic Center Project (GG-139, GG-200 and GG-300)
Pro. ect Cost Increases
Phase 2 Bond Proceeds
Phase 2 Bond Interest
Phase 3 Sewer Funds
$171 322
$474,635
$75,194
As Table 6 indicates, after gathering together all available funds in the various phases of the
project, we remain $1,161,570 short. That number indicates a net increase of 2.31 % over the
available funds for the Civic Center project.
With respect to the 'Eastlake Staff Relocation' item, these costs are related to the relocation of
the Planning & Building Department's Inspections and Plan Review staff from the Eastern
Permit Center to the Civic Center complex. The eventual closing of the Eastern Permit Center
has always been assumed by the PFDIF program. In the 1999 PFDIF Update, it was assumed
that the staff housed at this satellite office would be relocated to the new Corporation Yard upon
the project's completion. Since that time, staff has determined that sufficient space is not
available to house these employees at the Yard as previously planned. It is therefore the
recommendation of staff that suitable space be constructed to house these functions in the
basement of the former Police Facility. While this decision is anticipated to add $401,200 to the
cost of Phase 3, this amount will be offset by the elimination of annual lease payments for the
satellite office. Upon expiration of the lease agreement on December 3, 2009, the closure of the
Eastern Permit Center will generate annual savings of$129,360.
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Total Pro/eet Budzet Summary
Table 7 below provides a summary of the total budget history of the project, assuming that that
the recommendations contained within this report are enacted. Since the project is multi-phased
and contains several funding components, Table 6 relates actual expenditures to the budgets
established in the August 2004 GMP. This gives a more apples to apples comparison of budget
to actual expenditures.
Table 7. Project Budget Summary
Phase
Savings/(Shortfall)
Other Potential Issues
The only other significant issue that potentially could affect the total project budget is the
incorporation of an Events Monitoring Center in the basement of the building. The basement
includes a large training room that has a moveable wall that allows flexibility in terms of the size
of the space. The City Manager has directed staff to enable this space to be utilized as an Events
Monitoring Center in the event of an emergency or some other event. The room will provide the
City with an area in the Civic Center that can be used as an interim Emergency Operations
Center. The room and, in fact, the entire building, do not meet minimum seismic standards for
an essential services building. It has been the long-term plan of the City that when Fire Station
No.1 is reconstructed it would include a formal Emergency Operations Center. Fire Station No.
1 would be constructed to the necessary seismic standards to be classified as an essential services
building.
ORDINANCE AMENDING THE MUNICIPAL CODE
The Municipal Code, at Section 3.50.170 states,
"3.50.170 Fund Loans.
A. Loans by the City. The city may loan funds to the fund to pay for facilities should the
fund have insufficient funds to cover the cost of said facility. Said loans, if granted,
shall be approved upon the adoption of the annual city budget and shall carry the
interest rates as set by the city council for each fiscal year. A schedule for repayment
of said loans shall be established at the time they are made and approved by the
council, with the a maximum term not to exceed the life of the fund."
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This is apparently the only fund in the City that places a restriction on the city that it can only
undertake inter-fund loans during the annual budget process. Staff recommends that the above
language be amended to read as follows:
"3.50.170 Fund Loans.
Loans by the City. The City may loan funds to the fund to pay for facilities should the
fund have insufficient funds to cover the cost of said facility. Said loans, if granted, shall
be approved upon the adoption of the annual City budget, or bv resolution of the Citv
Council if granted mid-vear. and shall Carry interest based on the average interest rate on
the City's Pooled Investment Portfolio at the time of the loan. A schedule for repayment
of said loans shall be established at the time they are made and approved by the Council,
with the maximum term not to exceed the life of the fund.
This change allows the City Council to have the same flexibility to deal with changing
conditions affecting PFDIF projects as it does other projects.
AUTHORIZATION OF A FUND LOAN FROM THE PAD FEE TO THE PFDIF
As stated in the budget status section above, the actual project shortfall is projected to be
$1,161,570. In terms of the project that is the extent of the loan needed to fund the project. Due
to the draw down of cash reserves within the PFDIF and the slow down in development
activities, the Director of Finance has found that in order to maintain a workable fund balance in
the PFDIF that will allow it to meet its debt service obligations that a loan of $4,161,570 be
made from the PAD Fee fund to the PFDIF. This loan will serve as an internal backstop to the
PFDIF in the event that PFDIF revenues continue to languish. It is anticipated that within the
next two fiscal years that significant PFDIF revenues should be realized through the funding of
Community Facilities Districts in eastern Chula Vista which could generate up to $20 million in
PFDIF revenues. As the development industry still appears to be in a non-growth phase, it is
impossible with any certainty to estimate when those development projects will recommence.
This inter-fund loan simply allows the PFDIF to continue to meet its obligations and the loan
proceeds will be used only if sufficient PFDIF revenues are not available.
The PAD Fee fund is sufficiently funded to make this loan and the funds that are being loaned
are not projected to be needed for a number of years and in fact, won't be needed until the
community facilities districts discussed above move forward. As soon as they do, the PAD Fee
would be reimbursed for any funds utilized by the PFDIF and the loan terminated.
As per the above section of the Municipal Code, a schedule for repayment of this loan has been
established, and is included as Attachment 3 of this report. This repayment schedule assumes a
15-year repayment period and an interest rate of 5% (compounded annually). Assuming the full
15-year repayment period, the PFDIF Program would incur financing costs totaling $1,852,458,
with annual debt service payments of $400,935. If sufficient PFDIF revenues are available to
repay the loan at an accelerated rate, actual financing costs would be reduced.
This loan is in keeping with the Council's policy to utilize internal fund loans before seeking
loans from the outside.
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DECISION MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember Jerry Rindone has holdings within 500 feet of the boundaries of the
property which is the subject of this action.
FISCAL IMPACT
The fiscal impact of these actions are described in detail above. Phase 3 of the Civic Center
project is funded by the PFDIF and the General Fund. At the time that Phase 3 funding was
approved, it was assumed that the PFDIF would loan the General Fund its share of the project's
cost. As a result of this loan agreement, tonight's action will only appropriate monies from the
PFDIF fund.
Most of the cost additive changes are direct construction costs and, based on the March 2006
PFDIF Update, 100% of the those costs are PFDIF eligible. With respect to internal staff costs
and project insurance, those costs are 93.68% PFDIF eligible. Assuming this same split is
applied to the $1,161,570 in additional project costs, this would result in a PFDIF obligation of
$1,088,159 and a General fund obligation of $73,411. Upon completion of Phase 3, the final
split of the project's cost between the PFDIF and the General fund will be calculated. The loan
repayment from the General fund for its share of Phase 3 will then be reviewed and revised as
necessary to account for these additional project costs.
The current PFDIF fee is sufficient to offset these construction and financing costs without
increasing the amount charged to developers.
Prepared by: Jack Griffin, Director afGeneral Services
Maria Kachadoorian, Director of Finance
M:\General Services\GS Administration\Council Agenda\Civic Center\Phase III GO 30Q\December 2007 GMP Adjustment Fina112 13 07.doc
Attachment 1; February 20, 2007 Staff Report
Attachment 2: Prime Contract Change Order #05
Attachment 3: PAD Fund Loan to PFDIP Fund Amortization Schedule
9-10
A-tt~~^"t.-i \
CITY COUNCIL
AGENDA STATEMENT
~l~ CITY OF
.ilffiCHULA VISTA
2/20/07, Item 10
SUBMITTED BY:
RESOLlITION APPROPRIATING FUNDS FROM THE
PUBLIC FACILITIES DEVELOPMENT IMP ACT FEE FUND FOR
THE CONSTRUCTION OF PHASE 3 OF THE CIVIC CENTER
RENOVATION PROJECT (GG-300)
DIRECTOR OF GENERAL SERVICE~J.}.
DIRECTOR OF FINffCE ,..t f'L- M.L\j
CITY MANAGER j!
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES [8] NO 0
BACKGROUND
In July of2001, the City Council approved a master plan for the renovation of the Civic Center.
On February 18, 2003, the City Council approved a Design Build Agreement (UAgreement")
with Highland Partnership, Inc. (UHPI") to design and construct the project. On August 3, 2004,
the City Council approved the Guaranteed Maximum Price (uGMP") of the project at
$38,346,000. The GMP reflects the amount to be paid to the design builder for design and
construction. The total project budget approved by City Council on August 3, 2004 was
$50,148,000. This action appropriates the funds to construct the third and final phase of the
project in accordance with those previous City Council actions.
Phase 3 of the Civic Center project is funded by a combination of the Public Facility
Development Impact Fee Fund (88.87%) and the General Fund (11.13%). The first two phases
of the project have been completed in accordance with the budget approved by the City Council.
The Public Facility Development Impact Fee Fund (UPFDIF") was established to fund a number
of specific projects in the City, including the Civic Center Renovations. The PFDIF funds may
only be used for those projects specifically approved by the City Council in the ordinance
establishing the PFDIF and its subsequent amendments.
Phase 3 of the project includes the renovation of the former police department building, the
demolition of the Legislative Office Building and the Community Development Building and the
construction of the additional parking and landscaped areas. The renovated former police
department building will house the Human Resources Department, Community Development
Department, Recreation Department, Information Technology Systems Department, a portion of
the Building and Planning Department and the Chula Vista Employees Credit Union.
E~RONMENTALRE~EW
The project has been approved under a Mitigated Negative Declaration, IS-04-013.
)0 -I
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RECOMMENDATION
That Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
None.
DISCUSSION
Proiect DescrilJtion
The Civic Center project has three construction phases. Phase I was the demolition and
reconstruction of City Hall. That phase was substantially completed in November of 2005.
Phase 2 was the renovation of the Public Services Building ("PSB"). That phase was
substantially completed in January of2007. The final phase is the renovation of the former police
department building and the demolition of the Legislative Office Building and Community
Development Building. The total project budget for the project that the Council approved on
August 3, 2004 is $50,148,000. The GMP, the portion that is paid to the City's Design Builder,
HPI, for this project, is $38,346,000. The GMP covers all design and construction related costs
of the project. The remaining funds in the budget beyond the GMP are utilized for a variety of
purposes including furniture, fixtures and equipment, project insurance, staff time, consultant
services, etc.
As stated above, the first phase of the project was substantially completed in November 2005.
The phase included the demolition of the 18,300 square foot City Hall and construction of the
new facility. The actual cost of Phase 1 was $22,233,610 which translates into $542,390 below
the approved budget.
In an effort to make the multi-year, multi-phase project as fiscally efficient as possible, the
design costs for Phases 2 and 3 and the vast majority of the project insurance costs were all
included in Phase 1. Additionally, some materials such as doors, flooring, ceiling tiles, etc. were
purchased for all three phases during Phase I. The addition of these costs brought the total Phase
I budget up to $25,283,854. Through January 17, 2007, the total amount expended for Phase I
was $24,793,162. Staff is in the process of closing Phase I and does not expect any additional
expenditures.
Phase 2 included the renovation of the 29,700 square foot Public. Services Building (PSB). The
Budget that was approved for Phase 2 was $12,357,000. In addition to that, $537,823 of the
Phase 1 savings was transferred into Phase 2, bringing the total Phase 2 budget up to
$12,894,823. While there are still some outstanding bills to be paid, it appears that the final cost
of Phase 2 will be $12,807,465 which translates into $87,358 below the approved budget.
At the time that Phase 2 was fmanced, Council also approved the addition of some Phase 3 costs.
The financing included all of the Phase 2 costs incurred during Phase 2 and reimbursement of
some of the costs in Phase I for Phases 2 and 3 that were not part of the Phase 1 financing.
Table I below provides a summary of how the Phase 2 bond proceeds have been expended:
/~~r
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Table 1.
S tartin Balance
NIC Im rovements
Phase I Reimbursements for Phase 2 and 3
Phase 2 Costs less reimbursement
Phase 3 Costs less reimbursement
Bond Proceeds Available to Move Forward
$0
$1,824,736
$3,046,293
. $11,044,005
$263,665
$17,183,964
$15,359,228
$12,312,935
$1,268,930
$1,005,265
$1,005,265
With the substantial completion of Phase 2 in January of 2007, the City is ready to move on to
Phase 3. This phase includes the renovation of the former police department, the demolition of
the Community Development Building and the Legislative Office Building and the construction
of additional parking and landscaped areas. Housed on the first floor of the renovated building
will be the Human Resources Department, Cornmwrity Development Department, Recreation
Department, a portion of the Building and Planning Department and the Chula Vista Employees
Credit Union. The basement will be home to the Information Technology Services Department
(ITS), a large conference/training room, additional conference rooms, storage areas, gym and
locker room and an un-programmed area that will be "roughed in". This un-programmed area
will be able to be easily finished if the City finds the need to use that space in the future.
From an architectural perspective, the building will be renovated on the exterior to complement
the architecture of the new City Hall and renovated PSB. The elevation facing the PSB will
contain the same tower and archway elements that will complete the new public open space area
in the center of the complex. The existing exterior walls of the building will be modified to
provide windows similar to City Hall and PSB.
The interior of the building will also be significantly modified. The main feature of the interior
of the building will be a 36 foot by 36 foot "atrium" in the center of the building. Above the
atrium, there is an existing clearstory, thus natural light will be able to penetrate all the way into
the basement of the building. Public access to the building will be switched from the side of the
building facing Fourth Avenue to the building elevation facing City Hall.
Proiect Schedule
The design build agreement between the City and HPI called for a start date of February 19,
2007 and substantial completion by May 7, 2008 for Phase 3. Substantial completion means that
the building is operational and open for business. Final completion is called for by August 6,
2008. By the final completion date, the Community Develo'pment and Legislative Office
buildings will have been removed and the parking and landscape areas will be complete. It is
both staff and HPI's goal to deliver the project on schedule. It should be noted, however, that the
schedule for the completion of Phase 2 was about five weeks later than originally planned. This
was principally caused by two major factors, the presence of unsuitable soils beneath the area
where the former Council Chambers were located and the need to undertake a greater effort in
renovating the roof of the building. These slight delays trickle through the project into the third
phase. In an effort to recover as much time as possible, some work in the basement of the former
police department was started in January of2007. The purpose 01 this work was to provide some
areas for the ITS Department to relocate equipment. / t)., ~
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Page 4 of7
Pro/eet Fundinl?
As briefly discussed above, the project has proceeded within the budgeted amounts approved by
Council on August 3, 2004. It is staff's belief that upon completion of Phase 3, the project will
have been delivered within the budget that was approved. Table 2 below provides a brief
summary of the budget status of all three phases. .
Table 2.
,Origh"'l~g~ .'
"",,"'''.:
$22,776,000
$12,357,000
$15,015,000
With respect to Phase 2, we are confident that we will receive credits on our insurance costs.
While the amount and timing of these credits are unknown as of this date, any credit will reduce
the overage depicted above. We also expect to receive rebates from San Diego Gas and Electric
for the 30kwH photovoltaic system installed on the roof of the PSB.
As described earlier, the City has already financed a portion of Phase 3 of the project with the
financing of Phase 2. Also, as discussed above, the City has already incurred some costs for Phase
3. Table 3 below provides a breakdown and the amounts and in which phase the early Phase 3
expenditures occurred.
Table 3.
... . !'~::~~I~~T~~ 3.'
.
. Amt. Inc1:lITedin ..
Phase 2 f~,PhaSe 3 .
.,-:-'.": ....;: :.:c .:,;':;;":_': ", - ,;./ji~"-.
hi:"'"''
'~~In~~~e::!;' .
Design Builder Costs:
Design of Building
Design of Temp. Renov.
Development Staff Costs
D/B Fixed Fee (Design)
D/B Fixed Fee (Construction)
Construction Allowances
Demolition and Construction
DIB Costs Sub-Total
City Budgeted Allowances:
Project Insurance:
"Total ..
$785,000
$10,000
$83,000
$166,000
$155,201
51,199,201
576,369
5898,726
$2;X74~296 ,
'..- '.... , ,
$41,175
$27,015
$47,011
5115,201
591,485
575,000
.'./$281,686
$785,000
$10,000
$83,000
$166,000
$41,175
$27,015
$202,212
51,314,402
5167,854
5973,726
'i1~;m~~,~?$',982' .
/~~'I
9-14
2/20/07, Item.l.O...-
Page 5 of7
In terms of how Phase 3 will actually be paid for, the plan for that vas changed since the beginning
of the project. Originally, the City planned to finance all three phases of the project. During the
course of 2006, the City entered into negotiations with the development community with respect to
the updating of the PFDIF. The development community was very desirous of seeing the City not
fmance Phase 3. The eventual update of the PFDIF that the City Council approved in November of
2006 contemplated the City paying for Phase 3 as it went, i.e. not financing it. Based on the
November 2006 PFDIF update, Phase 3 of the Civic Center will be funded as follows:
PFD IF - 88.87% of construction and 79.27% of financing (portion financed with Phase 2)
General Fund - 11.13% of construction and 20.73% of financing.
Given that the total cost of Phase 3 has been approved at $15,015,000, that means that the PFDIF
share of the Phase is $13,343,830 and General Fund share is $1,671,170. As described above, some
Phase 3 costs have already occurred and a portion of the Phase 2 financing reimbursed the City for
those costs. Table 4 below summarizes the amount necessary to fully fund and complete the
proj ect.
As Table 4 below indicates, the remaining funds needed to complete Phase 3 is $12,586,744. Of the
amount, $1,005,268 of Phase 2 bond proceeds are available for Phase 3. This then requires an
additional appropriation of $11,581,476. Staff recommends appropriating the remaining PFDIF
share now. The general fund's share of this amount will be $1,337,031. Since the draw-down
schedule contemplates drawing the funds at a rate of 8.3% of the project monthly, the general fund
share will not be needed until the final 1.5 months of the project. With a final completion date of
August 6, 2008 as discussed above, the general fund component will not be required until late in
Fiscal Year 2008 or early in Fiscal Year 2009. It is anticipated that the General Fund's share will be
derived from an internal loan from the PFDIF paid back over 20 years at an interest rate of 5%.
This type of repayment schedule would require an annual General Fund appropriation of
approximately $135,000 starting in FY 2009. This loan will be addressed during the Fiscal Year
2008 Budget process.
Table 4.
','-'.- ...-.-....
. ",c""-,,,,,,,,,
"'-,..','" h"i'''' -,' '" ';;!C:,;- "'j;
.' ". Ph~s~j,~oiit,s "
.~h'ea:"dyPaid
. .;
";,.
. ".Ongwal
. )JWlget "
Design Builder Costs
City Budgeted Allowances
Project Insurance
$11,057,000
$3,012,000
$946,000
$1,314,402
$167,854
$973,726
$9,742,598
$2,844,146
o
Since the project was started, there have been some changes to the uses of buildings. The main
change was the decision to have the Community Development Department housed in the former
police department instead of in the PSB as originally planned. In 9rder to make that change work /! ...
from a space perspective, the original plan to have a portion of the Engineering Department located /(7 ..,!)
9-15
2/20/07, Item I D
Page6of7
in the former police department was changed and the entire Engineering Department is now located
in the PSB. This change occurred in early 2006 after a reorganization of the Engineering
Department. This change enabled the Community Development Department to have additional
space that it would need and also allow the Engineering Department to be kept together in the PSB.
This change has had a number of impacts on the project. First, some redesign of the interior space
plan was necessary in Phase 2 to eliminate Community Development and enlarge Engineering.
Similar redesign will occur in Phase 3. The more significant issue from a cost and logistic
perspective is that the General Services Department never anticipated having to find an alternate
location for Community Development. The plan in terms of interim moves of staff within the
complex was that the Human Resources Department would occupy the Community Development
Building and Legislative Office Building during Phase 3 construction. Those buildings would have
been vacated by the Community Development Department as they moved into the PSB. That was
the original plan.
With the change of plans, we needed to find a place to house both Community Development and
Human Resources during Phase 3. A number of options were explored including; leasing office
space off-site, utilizing the old public works center at F SI. and Woodlawn Ave., scattering staff
throughout a number of areas or leasing portable office space. Based on cost, minimizing public
inconvenience and maintaining departmental efficiencies, it was determined that the best way to go
was to lease portable office space and place those facilities in the rear of the Ken Lee parking lot. It
was further determined that it would be better to relocate Community Development to that space
even though it required an additional move. The reason for this is' that Human Resources handles
significantly more public traffic than Community Development and the Community Development
Building already had a counter/public waiting area as well as public parking immediately in front of
the building. We expect the cost of this effort to be approximately $205,000 ($45,000 for
construction and $160,000 for lease ($IO,OOO/month). It is our goal at this point in time to not
modify the project budget for Phase 3, however, given how tight the budget on Phase 2 was, it
would not be terribly surprising if a minor budget adjustment may be necessary.
DECISION MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember Jerry Rindone has holdings within 500 feet of the boundaries of the
property which is the subject of this action.
FISCAL IMPACT
The fiscal impact of the project is as described above in the discussion regarding the split in the
costs of the project between the PFDIF and General Fund. As discussed above the general fimd
share of Phase 3 will not be needed until late in Fiscal Year 2008. Staff is recommending
appropriating the full share of the PFDIF obligation at this time. It is anticipated that the General
Fund's share will be derived from an internal loan from the PFDIF paid back over 20 years at an
interest rate of 5% (approximately $135,000 annually beginning in FY09) and will be addressed
during the FY 2008 budget process.
The projected Fiscal Year 2007 fund balance of the PFDIF is $15.8 million. This amount is
sufficient to pay the costs of Phase 3 of the Civic Center as well as meet the PFDIF's existing
debt service obligations. At the end of the project there will be a remaining fund balance of $5.1
million.
/o-~
9-16
2/20/07, Item..lD-
Page 7 of7
From an operational standpoint, the building will include new mechanical equipment that will be
significantly more energy efficient than the existing equipment. Also, the City is participating in
the Savings By Design program with SDG&E and is attempting to comply with the City's
energy conservation policy of exceeding California Title 24 standards by 20%.
From a maintenance and custodial perspective, once the building is complete, and the
Community Development and Legislative Office Building are removed, General Services will
attempt to analyze the demands the new building will create on those functions. It should be
noted that during the entire Civic Center project, custodial and building maintenance staff levels
have remained static since one building has been out of service the entire time. Obviously, this
will not be case at the conclusion of Phase 3. Given the shifting square footages and elimination
of the two smaller, less efficient buildings, its difficult to assess what the actual demands will be
until we are actually in the remodeled building and observe how the buildings operate as a
complex. One lesson that we have learned is that there is significantly higher demand for the use
of our buildings from outside the City given their usability, audio-visual capabilities, comfort
and attractiveness.
From the perspective of other departments in the complex there should not be any fiscal impact
as their staffing levels are not materially impacted. It is hoped, that given the new equipment,
shared counter spaces and more logical placing of departments that there will be increased
efficiencies among the departments In the complex. Whether those efficiencies will be able to be
quantified in terms of cost savings is something that those resident departments will have to
analyze once they've had sufficient time to become accustomed to the finished complex.
Prepared by; Jack Griffin, Director afGeneral Services
Maria Kachadoorian. Director of Finance
M:\General Scrvices\GS Administration\Council Agcnda\Civic Center\Phase 1Il GG 300\Civic Center Phase 3 finaI.doc
/~-1
9-17
RESOLUTION 2007 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROPRIATING FUNDS FROM
THE PUBLIC FACILITIES DEVELOPMENT IMPACT
FEE FUND FOR THE CONSTRUCTION OF PHASE 3
OF THE CIVIC CENTER RENOVATION PROJECT
(GG-300)
WHEREAS, on August 3, 2004, the City Council approved the Guaranteed
Maximum Price ("GMP") ofthe project at $38,346,000; and
WHEREAS, the total project budget approved by City Council on August 3, 2004
was $50,148,000; and
WHEREAS, this action appropriates the funds to construct the third and final
phase of the project in accordance with those previous City Council actions; and
WHEREAS, Phase 3 of the project includes the renovation of the former police
department building, the demolition of the Legislative Office Building and the Community
Development Building and the construction of the additional parking and landscaped areas; and
WHEREAS, the project has been approved under a Mitigated Negative
Declaration, IS-04-0 13; and
WHEREAS, with the substantial completion of Phase 2 in January of 2007, the
City is ready to move on to Phase 3; and
WHEREAS, the design build agreement between the City and HPI called for a
start date of February 19, 2007 and substantial completion by May 7, 2008 for Phase 3.
Substantial completion means that the building is operational and open for business. Final
completion is called for by August 6, 2008; and
WHEREAS, originally, the City planned to finance all three phases of the project
but as a result of the 2006, PFDIF update the City decide not to finance the third phase of the
project; and
WHEREAS, based on the November 2006 PFDIF update, Phase 3 of the Civic
Center will be funded as follows:
PFDIF - 88.87% of construction and 79.27% of financing (portion financed with Phase 2)
General Fund - 11.13% of construction and 20.73% of financing.
/7
/0'0
9-18
WHEREAS, given that the total cost of Phase 3 has been approved at $15,015,000,
that means that the PFDlF share of the Phase is $13,343,830 and General Food share is $1,671,170;
and
WHEREAS, the remaining funds needed to complete Phase 3 is $12,586,744; and
WHEREAS, of the amooot above, $1,005,268 of Phase 2 bond proceeds are
available for Phase 3. This then requires an additional appropriation of $11,581 ,476; and
WHEREAS, staff recommends appropriating the remaining PFDlF share now; and
WHEREAS, the General Fund's share of this amount will be $1,337,031, the
appropriation of which will be requested when the funds are needed; and
WHEREAS, it is anticipated that the General Food's share will be derived from an
internal loan from the PFDlF paid back over 20 years at an interest rate of 5% (approximately
$135,000 annually beginning in FY09); and
WHEREAS, the projected Fiscal Year 2007 fund balance of the PFDlF is $15.8
million. This amount is sufficient to pay the costs of Phase 3 of the Civic Center as well as meet
the PFDlF's existing debt service obligations; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chu1a
Vista does hereby appropriate funds in the amount of $11,581,476 from the Public Facilities
Development Impact Fee fund for the construction of Phase 3 of the Civic Center Renovation
Project (GG-300).
Presented by
Approved as to form by
Jack Griffin
Director of General Services
tL, d) VI,I'-. tl.Jt:~1 jk.d:C.....
Ann M6Je
City Attorney
/0--9
9-19
111 Highland
Prime Contract Change Order #05
F\ * (h.......\- z...
Client: City Of Chura VIsta
276 Fourth Avenue
Cnuls VIsta, CA 91910
Project: CIvic Center Complex
Attention: Jack Grlm!n . Director General SaMees
Kip Howard - Allegts Development Services
Date: October 26, 2007
GMP Per Prime Contract Amendment August 3, 2004 (Component A, B & C)
In accordance with Chula Vista Civic Center Complex Design I Build
Agreement
Section 15: Change in GMP and Contract Time, Item No. 15.2.5 The City
may. In its sole discretion, adjust the GMP or Contract Time for any
undisputed amount or time associated with the Change Order or Additional
Services.
Component A. City Hall GMP
City Hall construction savings - Transfer to Component B - PSB
City Hall Final costs
Component B - PSB GMP
Transferfrom City Hall (re-allocate 88,331 of the 480,136 to DB fixed fees)
Transfer to Design Builder fixed fees for added design services
PSB revised Total
PSB construction savings - Transfer to Component C - Old PO
PSB Final costs
Component C - Old PO GMP
Transfer from PSB (re-allocate 54,343 of the 110,354 to DB fixed fees)
Transfer to Design Builder fixed fees for added design seNices
Old PO revised Total (without reimbursables of $142,000)
TotaIA,B&C
Total Change Order Number 05
Contract Summary
Original GMP per First Amendment to Civic Center Design Build Agreement
GMP Cost Priorto this Change Order
New GMP including this Change Order
Contract Time will be changed by this Change Order (calendar days)
Variance from original GMP to new GMP
increase percentage
David H. Cecil
Senior Project Manager
Kip Howard
A/legis Development SeNlces
Jack Griffin
Director General Services
9-20
17,980,000
-480,136
17,499,864
9,451,000
391,805
88,331
9,931,136
-110,354
9,820,782
10,915,000
56,011
54,343
11,025,354
38,346,000
38,346,000
40,045,515
o
1,699,515
4.4%
38,346,000
38,346,000
1,699,515
At\~lL..."-t~r ')
--------------------------------------------------------------------------------
12-12-2007 Pg 1
Compounding period...:
--------------------------------------------------------------------------------
Nominal annual rate..:
Effective annual rate:
periodic rate. ..... ..:
Equivalent daily rate:
CASH FLOW DATA
Annual
5.000 %
5.000 %
5.0000 %
0.01370 %
Event
Date
--------------------------------------------------------------------------------
Amount
# Period End-date
--------------------------------------------------------------------------------
1 Loan
2 Payment
12-12-07
12-12-08
4,161,570.00
400,935.17
1
15 Annual 12-12-22
AMORTIZATION SCHEDULE - Normal amortization
Pmt Date Payment Interest
Loan 12-12-2007
2007 totals
1 12-12-2008
2008 totals
2 12-12-2009
2009 totals
3 12-12-2010
2010 totals
4 12-12-2011
2011 totals
5 12-12-2012
2012 totals
6 12-12-2013
2013 totals
7 12-12-2014
2014 totals
8 12-12-2015
2015 totals
9 12-12-2016
2016 totals
10 12-12-2017
2017 totals
11 12-12-2018
0.00
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
40'0,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
0.00
208,078.50
208,078.50
198,435.67
198,435.67
188,310.69
188,310.69
177,679.47
177,679.47
166,516.68
166,516.68
154,795.76
154,795.76
142,488.79
142,488.79
129,566.47
129,566.47
115,998.03
115,998.03
101,751.18
101,751.18
86,791.98
9-21
Principal
0.00
192,856.67
192,856.67
202,499.50
202,499.50
212,624.48
212,624.48
223,255.70
223,255.70
234,418.49
234,418.49
246,139.~1
246,139.41
258,446.38
258,446.38
271,368.70
271,368.70
284,937.14
284,937.14
299,183.99
299,183.99
314,143.19
Balance
4,161,570.00
3,968,713.33
3,766,213.83
3,553,589.35
3,330,333.65
3,095,915.16
2,849,775.75
2,591,329.37
2,319,960.67
2,035,023.53
1,735,839.54
1,421,696.35
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
'~~___ d _/~~
Ann Moore
City Attorney
Dated: Ie-I 13/01
I f
Second Amendment to
Civic Center Design Build Agreement
between
City of Chula Vista
and
Highland Partnership, Inc.
9-22
SECOND AMENDMENT TO
CNIC CENTER
DESIGN BUILD AGREEMENT
This Second Amendment to the Civic Center Design Build Agreement is entered into this
18th day of December 2007, by and between the City of Chula Vista, a municipal
corporation (City) and Highland Partnership, Inc. (Design Builder or D/B).
RECITALS
A. In July 2001, the City Council approved a master plan for the renovation of the
Chula Vista Civic Center.
B. The City Council approved a Design Build Agreement with Highland Partnership,
Inc. for the Civic Center Renovation Project (Project) on February 18, 2003 (Agreement).
The Agreement contemplated that the construction of the renovations of the Civic Center
would be accomplished in three components (now referred to as Phases): Component A
(Phase I), Component B (Phase 2), and Component C (Phase 3).
C. Pursuant to section 6.4.1 of that Agreement, the Guaranteed Maximum Price
(GMP) was not to exceed $28,081,000.
D. The City Council approved the First Amendment to Civic Center Design Build
Agreement on August 3, 2004. A copy of the First Amendment to Civic Center Design
Build Agreement is attached to this Agreement as Exhibit A.
E. The First Amendment to Civic Center Design Build Agreement set the GMP for
Component A for an amount not to exceed $17,980,000; for Component B for an amount
not to exceed $9,451,000; and for Component C for an amount not to exceed
$10,915,000, except as adjusted pursuant to Section 6 of the First Amendment to Civic
Center Design Build Agreement, for a total GMP of$38,346,000.
F. As construction began on Phase 3, City staff encountered significant asbestos
abatement issues and determined that the plans should be modified due to a number of
City-generated changes in scope.
G. The City staff and D/B have reviewed and agreed to the increased costs and desire
to increase the GMP for Component C (Phase 3) by $1,699,514.
AGREEMENT
In consideration of the mutual promises and covenants contained in this Second
Amendment to Civic Center Design Build Agreement, the Parties agree as follows:
1. Section 1: General Scope of Work to Be Performed bv D/B. Subsection 1.3.1
is deleted in its entirety and replaced with the following:
9-23
"Perform all services, work and obligations as described herein for the
not to exceed Guaranteed Maximum Price ("GMP") determined
pursuant to Section 6.4 of this Agreement. The GMP shall not exceed
the amount of Forty Million Forty-Five Thousand Five Hundred and
Fourteen and no cents ($40,045,514) which shall include all Hard
Construction Costs necessary to provide a fully completed and
functional Project including, but not limited to, the cost for all labor,
equipment, material and the D/B Fixed Fee which includes fees and
expenses of any type, including all expenses under this agreement,
associated with completing the Project, whether on-site or off-site, and
the DIE Contingency Fund. Any costs incurred by DIE in excess of
said GMP shall be the responsibility of the D/B unless a Change Order
is approved by the City pursuant to Section 15 of this Agreement. All
funds remaining in the GMP at completion of the Project shall belong
to the City.
2. Section 6. Subsection 6.4.2. Delete the first paragraph of section 6.4.2 in its
entirety and replace with the following:
"The GMP for component B shall not exceed $9,451,000 and the GMP
for component C shall not exceed $12,614,514 except as adjusted as
follows:"
All other terms of the Civic Center Design Build Agreement, as modified by the First
Amendment to the Civic Center Design Build Agreement and this Second Amendment to
the Civic Center Design Build Agreement, shall remain in full force and effect.
[END OF AGREEMENT. NEXT PAGE IS SIGNATURE PAGE.]
2
J:lAllomeyIELlSAIAGREEMENTS\Civic Cemo:r Design Build Agreement second~=ttllO increase GMP,doc
Signature Page to
the Second Amendment to the
Civic Center Design Build Agreement
CITY OF CHULA VISTA
HIGHLAND PARTNERSHIP, INe.
Cheryl Cox
Mayor
J. David Gardner
ATTEST:
Ian Gill
City Clerk
Approved as to form by:
Ann Moore
City Attorney
3
l\AttomcyIELlSA\AGREEMENTS\CiviC Ce11ler Design Build Agreemelll second~':.n~11O increase GMP,doc
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT
TO CIVIC CENTER DESIGN BUILD AGREEMENT WITH
HIGHLAND PARTNERSHIP, INC. FOR THE CIVIC CENTER
RENOVATION PROJECT TO INCREASE THE
GUARANTEED MAXIMUM PRICE FOR PHASE 3 OF THE
PROJECT BY $1,699,514 AND AUTHORIZING THE MAYOR
TO SIGN THE SECOND AMENDMENT.
WHEREAS, in July 2001, the City Council approved a master plan for the renovation of
the Civil Center; and
WHEREAS, on February 18,2003, the City Council approved a Design Build Agreement
with Highland Partnership, Inc. for the Civic Center Renovation Project ("the Project"); and
WHEREAS, pursuant to the Agreement, the Project will be constructed in three
components; Components A (Phase 1), Component B (Phase 2), and Component C (Phases 3)
and Phase 1 and 2 are substantially completed; and
WHEREAS, Phase 3 of the Project involves the renovation of the former police
department building, the demolition of the Legislative Office Building and Community
Development Building, and the construction of the additional parking and landscaped areas; and
WHEREAS, on August 3, 2004, the City Council approved the First Amendment to Civic
Center Design Build Agreement which, among other things, set the Guaranteed Maximum Price
("GMP") for Component A for an amount not to exceed $17,980,000; for Component B for an
amount not to exceed $9,451,000, and for Component C for an amount not to exceed
$10,915,000, for a total GMP of $38,346,000; and
WHEREAS, as construction of Phase 3 began, staff has encountered significant asbestos
issues and a number of other changes; and
WHEREAS, staff desires to further amend the Civic Center Design Build Agreement by
increasing the GMP for Component C (Phase 3) by $1,699,514 for a total GMP of $40,045,514
to reflect increased costs for Phase 3 of the Project; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
1. That it approves the Second Amendment to Civic Center Design Build Agreement with
Highland Partnership, Inc. for the Civic Center Renovation Project increasing the
Guaranteed Maximum Price of Component C (Phase 3) of the Project by $1,669,514 for
a total GMP of $40,035,514.
H:\ENGlNEERIRESOS\Resos2007\12-18-07\Civic Center Phase 3 GMP Adjustment - reVi~ ~Y1t;c
Resolution No. 2007-
Page 2
2. That it authorizes the Mayor to sign the Second Amendment to Civic Center Design
Build Agreement.
Presented by
Approved as to form by
\-I~~0 d
Ann Moore
City Attorney
~cf'-
Jack Griffin
Director of Engineering and
General Services
H:\ENGINEER\RESOS\Resos2007\12-18-07\Civic Center Phase 3 GMP Adjustment - reVig' ~:l1c
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 3.50.170 OF THE
MUNICIPAL CODE AUTHORIZING THE CITY COUNCIL TO
APPROVE LOANS FROM THE CITY TO THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE FUND MID-
YEAR
WHEREAS, Chula Vista Municipal Code section 3.50.170 authorizes the City to loan
funds to the Public Facilities Development Impact Fee fund to pay for facilities should the fund
have insufficient funds to cover the cost of said facility; and
WHEREAS, section 3.50.170 requires approval of such loans upon the adoption of the
annual City budget; and
WHEREAS, because necessary construction and/or upgrades of public facilities may be
needed mid-year, staff desires to amend section 3.50.170 so that the City Council can approve,
by resolution, a loan from the City to the Public Facilities Development Impact Fee fund mid-
year.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: That Section 3.50.170 of the Municipal Code be amended to read as follows:
3.50.170 Fund Loans.
Loans by the City. The City may loan funds to the fund to pay for facilities should the
fund have insufficient funds to cover the cost of said facility. Said loans, if granted, shall
be approved upon the adoption of the annual City budget, or by resolution of the City
Council if granted mid-year, and shall carry interest based on the average interest rate on
the City's Pooled Investment Portfolio at the time of the loan. A schedule for repayment
of said loans shall be established at the time they are made and approved by the Council,
with a maximum term not to exceed the life of the fund.
SECTION II: This ordinance shall take effect and be in full force thirty (30) days after its
adoption.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
,-It_.:_.J fA- /~~
Ann Moore v
City Attorney
H:\ENGrNEER\Ordinances\Ord2007\12.18-07\PFDlF Loan Ordinance revised by ec {cle~2i'~
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING A LOAN IN THE AMOUNT
OF $4,161,570 FROM THE PARKS ACQUISITION AND
DEVELOPMENT FEE FUND TO THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE FUND AND APPROPRIATING
$1,161,570 OF THOSE LOAN PROCEEDS TO PHASE 3 OF
THE CIVIC CENTER RENOVATIONS PROJECT (CIP NO. GG-
300)
WHEREAS, Chula Vista Municipal Code section 3.50.170 authorizes the City to loan
funds to the Public Facilities Development Impact Fee (PFDIF) fund to pay for facilities should
the fund have insufficient funds to cover the cost of said facility; and
WHEREAS, section 3.50.170 requires approval of such loans upon the adoption of the
annual City budget; and
WHEREAS, because necessary construction and/or upgrades of public facilities may be
needed mid-year, the City Council approved, in a related action, the first reading of an ordinance
amending section 3.50.170 so that the City Council can approve, by resolution, a loan from the
City to the PFDIF fund mid-year; and
WHEREAS, also in a related action, the City Council approved a resolution approving
the Second Amendment to the Civic Center Design Build Agreement between the City and
Highland Partnership, Inc. increasing the Guaranteed Maximum Price for the Civic Center
Renovations Project by $1,699,514 from $38,346,000 to $40,045,514; and
WHEREAS, the City Council finds that, due to cash flow considerations within the
PFDIF, it is more fiscally prudent to authorize a loan to the PFDIF to complete the Civic Center
Renovations Project rather than seek funding from an outside source or further draw down the
balance of the PFDIF fund; and
WHEREAS, staff proposes that a loan be made to the PFDIF fund from the Parks
Acquisition and Development Fee (PAD) fund; and
WHEREAS, the loan proceeds would only be utilized to meet PFDIF obligations should
the PFDIF fund have insufficient funds to meet it's capital and debt service costs; and
WHEREAS, one of the terms of the proposed loan is that all PFDIF revenues would be
pledged to first pay back the PAD fund once the PFDIF fund's reserve fund is fully funded; and
WHEREAS, a schedule for repayment of this loan has been established and it assumes a
15-year repayment period and an interest rate of 5% (compounded annually).
H:\ENGrNEER\RESQS\Resosl007\12-1S.07\Civic Center PAD Fee loan Resolution rcvis~'2. n
Resolution No. 2007-
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it authorizes a loan in the amount of $4,161,570 from the Parks Acquisition and
Development Impact Fee Fund to the Public Facilities Development Impact Fee Fund and
appropriates $1,161,570 of those loan proceeds to Phase 3 of the Civic Center Renovations
Project (CIP No. GG-300).
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and
General Services
~aJ~r
Ann Moore
City Attorney
H:\ENGrNEER\RES05\Rcsos2007\12-18-07\Civic Center PAD Fee loan Resolution reVis~h!. ~'O
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING INTEREST EARNINGS IN
THE AMOUNT OF $474,635 FROM THE CIVIC CENTER
PHASE 2 CERTIFICATES OF PARTICIPATION TO PHASE 3
OF THE CIVIC CENTER (CIP NO. GG-300) AND
AUTHORIZING THE TRANSFER OF ANY REMAINING
PROJECT FUNDS FROM CIVIC CENTER RENOVATIONS
PROJECT PHASE 1 (CIP NO. GG-139) AND PHASE 2 (CIP
NO. GG-200) TO PHASE 3 (CIP NO. GG-300)
WHEREAS, in a related action, the City Council approved the Second Amendment to
Civic Center Design Build Agreement with Highland Partnership, Inc. for the Civic Center
Renovations Project ("Project"), increasing the Guaranteed Maximum Price ("GMP") by
$1,699,514 from $38,346,000 to $40,045,514; and
WHEREAS, the total project budget for the Project increased by a total of $2,741,351,
from $50,148,000 to $52,889,351; and
WHEREAS, the City has earned interest on the bond proceeds it utilized to finance
Phase 2 of the Project and this interest has not been appropriated as of this date; and
WHEREAS, there are project funds available in Phase 1 (CIP No. GG-139) and Phase 2
(CIP No. GG-200); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
1. That it appropriates interest earnings in the amount of $ 474,635 from the Civic
Center Phase 2 Certificates of Participation to Phase 3 of the Civic Center (CIP No.
GG-300).
2. That it authorizes the transfer of any remaining project funds from Civic Center
Renovations Project Phase 1 (CIP No. GG-139) and Phase 2 (CIP No. GG-200) to
Phase 3 (CIP No. GG-300).
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and
General Services
,-/y~ tl-. ~~Ir-
Ann Moore
City Attorney
H-\ENGINEER\RESOS\Resos:!007\ 1 ~_18.07\(,ivic Center Approprinte Interest and lI-ansf~~t=~a~nces -revised by ec,doc