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Home My WebLink AboutAgenda Packet 2001/09/18 CITY COUNCIL AGENDA September 18,2001 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~~ ~ ~~~~ ""'" ""'" ""'" ""'" CllY OF CHUlA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. Stephen C. Padilla City Attorney Jerry R. Rindone John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow ********** The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 17 or Chula Vista Cable Channel 47 ********** --------------.------.---.------ AGENDA September 18, 2001 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY ACTING FIRE CHIEF PERRY OF THE EMPLOYEE OF THE MONTH - JEFF PETER, FIRE CAPTAIN . OATHS OF OFFICE: EDNA CONCEPCION - HUMAN RELATIONS COMMISSION STEVE PALMA - GROWTH MANAGEMENT OVERSIGHT COMMISSION JOHN SOOV AJIAN - HOUSING ADVISORY COMMISSION . RECOGNITION BY POLICE CHIEF RICHARD EMERSON OF RECENTLY PROMOTED POLICE DEPARTMENT EMPLOYEES: ACTING SERGEANTS, KELLY HARRIS AND JUAN CERVANTES . INTRODUCTION OF AND OATHS OF OFFICE FOR RECENTLY HIRED LATERAL POLICE OFFICERS, ROBERT MURGIA AND JAMES JOHNSON CONSENT CALENDAR (Items 1 through 14) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES of July 24, August 7, August 11, and August 14,2001. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that, to the best of his knowledge from observance of actions taken in Closed Session on August 28, 2001, in which the City Attorney participated, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter of resignation from Jim Fergus, member of the Towne Center Project Area Committee. Staff recommendation: The resignation be accepted with regret, and the City Clerk be directed to post immediately in accordance with Maddy Act requirements. C. Letter of resignation fiom John F. Munch, Ex-Officio member of the Economic Development Commission. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately in accordance with Maddy Act requirements. D. Letter from Otay Ranch One Community Association requesting installation of a traffic light at the intersection of East Palomar Avenue and Santa Alicia Drive. Staff recommendation: The letter be referred to the Traffic Engineering Section for a response to the Otay Ranch Community Association with copies to the Safety Commission and City Council. E. Memorandum fiom Councilmember Padilla requesting an excused absence from this meeting. Staff recommendation: The request be granted. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS, MODIFYING THE ZONING DISTRICT MAP FOR VILLAGE FIVE (SECOND READING AND ADOPTION) The McMillin Companies has applied to amend the Otay Ranch SPA One Plan for Village Five to change the village core concept from "Town Square" to "Main Street," consolidate the town square park with the existing mixed-use site, rezone it fiom OS/Pl to C/RM2, and reallocate 54 unused dwelling units authorized by the Otay Ranch General Development Plan to create a new mixed-use site. The amendment would allow approval of a proposed mixed-use project with 10,000 square feet of ground floor commercial and 72 residential units on the C-3/R-45 mixed-use site in Village Five. This Ordinance had its first reading on August 28, 2001. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE ZONING DISTRICT MAP FOR VILLAGE FIVE (SECOND READING AND ADOPTION) Page 2 - Council Agenda 09/18/01 The Otay Ranch Company has applied to amend the Otay Ranch SPA One Plan to reallocate 422 unused dwelling units authorized by the Otay Ranch General Development Plan for Village Five, and to re-subdivide 44.5 acres of Village Five. The proposed amendment and tentative map will create two high-density, multi-family sites in Neighborhood R-30, and 122 single-family, detached lots in an alley product in Neighborhood R-39. This ordinance had its first reading on August 28, 2001. (Director of Planning and Building) Staffrecommendation: Council place the ordinance on second reading for adoption. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONSULTANT SERVICES AGREEMENTS WITH THE ALFORD GROUP, INC. TO PROVIDE FUNDRAISING CONSULTANT SERVICES FOR THE CHULA VISTA PUBLIC LIBRARY AND THE CHULA VISTA NATURE CENTER, AND WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL The City retained The Alford Group, Inc. on November 1, 2000, after issuing a Request for Proposals/Qualifications (RFP/RFQ) for fundraising consulting services to support a one-year pilot program benefiting the Public Library and the Nature Center. The Alford Group's assistance directly resulted in $27,000 being raised for the Library and over $150,000 for the Nature Center during Fiscal Year 2000/2001. Staff wishes to continue its positive and successful working relationship with this firm. Funds are budgeted in both departments' budgets for Fiscal Year 2001/2002 for fundraising consultant services. (Deputy City Manager PalmerlNature Center Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EXISTING CONTRACT WITH THE COUNTY OF SAN DIEGO FOR RECEIPT OF FINANCIAL ASSISTANCE IN THE AMOUNT OF $6,500 TO SUPPORT THE DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN HOME PORT OF THE TALL SHIP, THE CALIFORNIAN Since July 1986, Chula Vista has had a contract with the Nautical Heritage Society designating the City as the southern home port of the state's official tall ship, the Californian. For a number of years, the County of San Diego has recognized the benefits of the Californian to the region and provided financial assistance to the City. This amendment extends the City's contract with the County. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CALIFORNIA STATE LIBRARY - CALIFORNIA LIBRARY SERVICES ACT ENGLISH LANGUAGE AND LITERACY INTENSIVE GRANT FUNDS OF $21,000 AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING UNANTICIPATED REVENUE OF $14,000, AND AMENDING THE FISCAL YEAR 2001/2002 LIBRARY DEPARTMENT BUDGET (4/5THS VOTE REQUIRED) Page 3 - Council Agenda 09/18/01 The Chula Vista Literacy Team has been awarded a California Library Services Act English Language and Literacy Intensive (ELLI) grant of $21,000 fiom the California State Library to develop and offer children's literacy services to children who are English language learners. The ELLI grant program was created in response to Governor Gray Davis' focus on education and his desire to improve the literacy skills of California's school-age children, especially those who come fiom homes where English is not the first language. This is the first year that the Literacy Team has been awarded this grant. These funds cannot be used to supplant the current tutor reading program. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CHULA VISTA PUBLIC LIBRARY AND THE LAUD ERBACH ELEMENTARY SCHOOL DISTRICT REGARDING PROVISION OF LIBRARY/RESEARCH SKILLS INSTRUCTION TO FOURTH THROUGH SIXTH GRADE STUDENTS, ACCEPTING $4,800 FROM THE SCHOOL, APPROPRIATING THE UNANTICIPATED REVENUE, AND AMENDING THE FISCAL YEAR 2001/2002 LIBRARY BUDGET (4/5THS VOTE REQUIRED) Lauderbach Elementary School approached the Library about providing library/research skills instruction to fourth through sixth graders during class visits, outside of what the Library normally provides schools during class visits. Additional costs would be incurred by the Library to conduct this specialized program at the South Chula Vista Library. The two staffs have reached agreement on how this service could be provided, outside of regular Library hours, at a cost of $4,800 to the school. (Deputy City Manager Palmer) Staffrecommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2001/2002 BUDGET FOR THE PARKS AND RECREATION DEPARTMENT BY APPROPRIATING $5,000 IN UNANTICIPATED REVENUE THROUGH ACCEPTANCE OF A GRANT FROM KIDS INCLUDED TOGETHER- SAN DIEGO, INC. (KIT) IN THE AMOUNT OF $7,000 ($5,000 CASH AND $2,000 IN IN-KIND SERVICES) AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND KIDS INCLUDED TOGETHER - SAN DIEGO, INC. (4/5THS VOTE REQUIRED) The Parks and Recreation Department currently provides inclusion aide support to residents with disabilities requesting inclusion in regular parks and recreation programs. Due to an increased community need, the department requested and was granted funding from Kids Included Together - San Diego, Inc. for additional assistance for training, outreach and support. (Director of Parks and Recreation) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda 09/18/01 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2002 FOR CITY OF CHULA VISTA PROJECTS UTILIZING FEDERAL HIGHWAY ADMINISTRATION FUNDING All local agencies receiving federally-assisted funds fiom the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program. The program is designed to allow businesses owned and controlled by minorities, women and other socially and economically disadvantaged persons, to have the opportunity to bid and work on projects funded by the Federal Highway Administration. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CREATION OF A DEPUTY CITY ATTORNEY III CLASSIFICATION IN THE UNCLASSIFIED SERVICE, SENIOR MANAGEMENT BENEFIT GROUP; AND RECLASSIFYING ONE DEPUTY CITY ATTORNEY II POSITION AND ONE DEPUTY CITY ATTORNEY I POSITION TO DEPUTY CITY ATTORNEY III, AND AMENDING THE FISCAL YEAR 2002 BUDGET BY APPROPRIATING $36,581 BASED ON UNANTICIPATED REVENUES THEREFOR AND AMENDING THE FISCAL YEAR 2003 ADOPTED SPENDING PLAN BY INCREASING THE CITY ATTORNEY'S AUTHORIZED PERSONNEL EXPENDITURES BY $50,619 BASED ON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) The current level of duties and responsibilities assigned to two Deputy City Attorney positions in the City Attorney's office necessitate the reclassification of those positions. It has become increasingly obvious that there is too great a spread between the classifications of Assistant City Attorney and Deputy City Attorney II. Additionally, a review of job duties concluded that, although different, the two positions are essentially comparable in level. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING A NEW CVEA CLASSIFICATION OF HORTICULTURISTIMAINTENANCE SPECIALIST AND SETTING THE SALARY EQUIVALENT TO A SENIOR GARDENER, APPROVING THE ADDITION OF .75 AVIAN SPECIALIST AND .75 HORTICULTURISTIMAINTENANCE SPECIALIST POSITIONS TO THE NATURE CENTER BUDGET, APROPRIATING FUNDS THEREFOR, AND AMENDING THE ADOPTED FISCAL YEAR 2002/2003 SPENDING PLAN THEREFOR (4/5THS VOTE REQUIRED) Page 5 - Council Agenda 09/18/01 The Nature Center's Light-foot Clapper Rail Endangered Species Captive Breeding Program was very successful this past spring and has received national attention. The success and attention has facilitated the beginning of long-awaited opportunities for program and facility support. With the increased demand for care and feeding of the expanded bird collection seven days per week, and the loss of critical volunteers who previously provided specialized facility, aviary and garden maintenance support, there is a tremendous need for additional permanent, part-time staff support. (Nature Center Director/Director of Human Resources) Staff recommendation: Council adopt the resolution. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR PHASE I OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (CIP NO. SW-219) PROJECT AND THE MAIN STREET PAVEMENT RECONSTRUCTION BETWEEN BROADWAY AND INTERSTATE 805 PROJECT (CIP NO. STM-332), INCLUDING ADDITIVE ALTERNATES I AND II, TO HAZARD CONSTRUCTION COMPANY /T.e. CONSTRUCTION COMPANY, INC., A JOINT VENTURE, IN THE AMOUNT OF $8,729,617.75 On Wednesday, August 22, 2001, the Director of Public Works received sealed bids for phase one of the Salt Creek gravity sewer interceptor project (CIP No. SW -219) and the Main Street pavement reconstruction project between Broadway and Interstate 805 (CIP No. STM-332). The two projects were advertised as one cohesive project with a single set of contract documents. Each project contained its own unique sets of plans and specifications. The criteria for the lowest responsive bidder was based on the cumulative construction cost grand total of the two projects. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ELEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR ENGINEERING DESIGN SERVICES FOR THE FINAL DESIGN PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) FOR THE 1-805 AT OLYMPIC PARKWAY lEAST ORANGE AVENUE INTERCHANGE, ADDITIONAL ENVIRONMENTAL ANALYSIS FOR OLYMPIC P ARKW A Y, THE INTERCHANGE AT I-805IEAST ORANGE AVENUE, AND THE DESIGN OF THE OLYMPIC PARKWAY SOUND WALL; WAIVING THE CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY On January 23, 1996, Council approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street. Since then, due to additional work requirements by the City and Caltrans, ten amendments to this contract have been made. Under the proposed eleventh amendment ($426,642), Rick Engineering will be providing Page 6 - Council Agenda 09/18/01 the general engineering design services associated with the right-of-way acquisition work, bridge deck widening and construction of sidewalks along the north side of Olympic Parkway at the 1-805 and Olympic ParkwaylEast Orange Avenue interchange. There is additional out-of-scope work by two subconsultants for the work on Olympic Parkway widening which is also a part of this amendment. (Director of Public Works) Staffrecommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised and/or posted 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 lobby) and submit it to the City Clerk prior to the meeting. 15. CONSIDERATION OF ADOPTION OF A THIRD URGENCY ORDINANCE ESTABLISHING THE SAN MIGUEL RANCH FISCAL DEFICIT FEE On August 7, 2001, Council approved Urgency Ordinance 2841-A and Ordinance 2841, establishing the San Miguel Ranch Fiscal Deficit Fee. The imposition of this fee ensures that builders, not the City or its residents, will pay for any fiscal deficits associated with development of the San Miguel Ranch project. Adoption of the urgency ordinance is necessary to ensure that the fiscal deficit fee continues to be effective until Ordinance 2841 takes full effect on October 7,2001. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following urgency ordinance: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE SAN MIGUEL RANCH FISCAL DEFICIT FEE AS A BUILDING PERMIT-BASED FEE TO PROVIDE PERMANENT FUNDING FOR THE PREPARATION OF 15 ANNUAL FISCAL REVIEWS FOR THE SAN MIGUEL RANCH PROJECT, AND FOR PAYMENT OF ANY FISCAL DEFICITS IDENTIFIED BY THOSE ANNUAL REVIEWS, AS REQUIRED BY ORDINANCE 2829, WHICH ESTABLISHED THE SAN MIGUEL RANCH FISCAL DEFICIT ACCOUNT (4/5THS VOTE REQUIRED) Page 7 - Council Agenda 09/18/01 16. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT TO INSTALL, OPERATE, AND MAINTAIN A WIRELESS COMMUNICATIONS FACILITY AT 740 HILLTOP DRIVE (APPLICANT: SPRINT PCS) Sprint PCS is requesting a conditional use permit to construct and operate an unmanned cellular communications facility at 740 Hilltop Drive. The project will consist of a 477- square-foot equipment building, and a 40-foot high monopalm supporting nine antennas. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMINT (PCC-01-69) TO SPRINT PCS, TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 740 HILLTOP DRIVE 17. CONSIDERATION OF ADOPTION OF AN ORDINANCE TO APPROVE IMPLEMENTATION OF A "VARIABLE RATE" UNIT PRICING STRUCTURE FOR RESIDENTIAL SOLID WASTE DISPOSAL AND RECYCLING SERVES, RELATED ADJUSTMENTS IN COMMERCIAL/INDUSTRIAL RATES, AND OTHER MINOR FRANCHISE MODIFICATIONS The 1999 agreement with Pacific Waste Services (Pacific) requires the company to work with the City to provide a new unit pricing or "pay as you throw" proposal for residential and solid waste services. The proposed rate structure modifies the current flat-rate system to a "unit-based" system that rewards households that are currently recycling, and provides other households with a greater incentive to reduce, reuse and recycle. Each household will also be provided with an automated can for trash and recycling collection. Yard waste is not being recommended for automation at this time. The proposal also provides large commercial and industrial generators with an additional financial incentive to reduce, re-use and recycle. (Special Operations Manager) Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING SERVICES FRANCHISE AGREEMENT WITH PACIFIC WASTE SERVICES, PROVIDING FOR A "VARIABLE RATE" UNIT PRICING STRUCTURE FOR RESIDENTIAL SOLID WASTE DISPOSAL AND RECYCLING SERVICES; MODIFYING THE COMMERCIAL/INDUSTRIAL RATE STRUCTURE TO CREATE ADDITIONAL WASTE REDUCTION AND RECYCLING INCENTIVES FOR LARGE COMMERCIAL AND INDUSTRIAL GENERATORS; AND MAKING OTHER RELATED OR MINOR ADDITIONAL FRANCHISE MODIFICATIONS Page 8 - Council Agenda 09/18/01 ---- ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 18. CONSIDERATION OF ADOPTION OF A RESOLUTION ADDING TWO BUILDING INSPECTORS, CREATING TWO NEW CLASSIFICATIONS TITLED PLAN CHECK SUPERVISOR AND SENIOR PLANS EXAMINER, RECLASSIFYING THE PLAN CHECK ENGINEER TO PLAN CHECK SUPERVISOR, RECLASSIFYING ONE PLANS EXAMINER TO SENIOR PLANS EXAMINER, ADDING TWO PLANS EXAMINERS, ADDING ONE DEVELOPMENT SERVICES TECHNICIAN, ADDING ONE HALF-TIME HOURLY OFFICE SPECIALIST In April 2001, the City Council approved the results of a building permit fee study and directed staff to implement the new building fee schedule. The new fees were based on an estimated volume of residential and commercial building permits at Fiscal Year 199912000 levels. Results fiom Fiscal Year 2000/2001 showed activity exceeded the assumptions in the fee study. Given the increase in activity since the study, an increase in Building staffing is requested to keep pace with the development workload. The increased building fee revenue resulting fiom the volume increase covers funding for the added staffing. (Director of Planning and Building) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING TWO BUILDING INSPECTORS, CREATING TWO NEW CLASSIFICATIONS TITLED PLAN CHECK SUPERVISOR AND SENIOR PLANS EXAMINER, RECLASSIFYING THE PLAN CHECK ENGINEER TO PLAN CHECK SUPERVISOR, RECLASSIFYING ONE PLANS EXAMINER TO SENIOR PLANS EXAMINER, ADDING TWO PLANS EXAMINERS, ADDING ONE DEVELOPMENT SERVICES TECHNICIAN, ADDING ONE HALF-TIME HOURLY OFFICE SPECIALIST, APPROPRIATING $68,400 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMP ACT FEE FUND FOR FURNITURE, VEHICLES AND COMPUTERS, AMENDING THE FISCAL YEAR 2001/2002 BUDGET OF THE PLANNING AND BUILDING DEPARTMENT BY APPROPRIATING $257,100 FROM UNANTICIPATED BUILDING PERMIT AND PLAN CHECK REVENUE, AND AMENDING THE PROPOSED FISCAL YEAR 2002/2003 SPENDING PLAN TO ADD $360,500 IN PERSONNEL SERVICES AND $9,590 IN SERVICES AND SUPPLIES EXPENDITURES TO THE PLANNING AND BUILDING DEPARTMENT BUDGET TO BE FUNDED BY UNANTICIPATED BUILDING PERMIT AND PLAN CHECK REVENUE (4/5THS VOTE REQUIRED) Page 9 - Council Agenda 09/18/01 19. CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH TIMOTHY STANTON FOR WATER-RELATED SERVICES In December 1995, the City entered into an agreement with Otay Water District for the provision of water service to a portion of Chula Vista. The agreement was the result of a study the City conducted to determine if it would be feasible for Chula Vista to provide water to the new Otay Ranch. There were many provisions in the agreement that Otay was to follow; however, since January 2001, the Board of Directors is new, and many high-level staff members have left the District. Chula Vista wants to be assured that Otay is following all the provisions of the agreement. (Director of Public Works) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION POLICY AND APPROVING AN AGREEMENT WITH TIMOTHY STANTON FOR WATER-RELATED SERVICES AND APPROPRIATING $50,000 FROM AVAILABLE FUND BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 20. CITY MANAGER'S REPORTS A. Scheduling of meetings. 21. MAYOR'S REPORTS 22. COUNCIL COMMENTS ADJOURNMENT to the Regular Meeting of September 25, 2001, at 6:00 p.m. in the Council Chambers. Page 10 - Council Agenda 09/18/01 ~!~ -~- "'~::::~ 01Y OF CHUlA VISTA September 12, 2001 TO: The Honorable Mayor ~City Council FROM: David D. Rowlands, Jr., City Manager SUBJECT: City Council Meeting of September 18, 2001 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, September 18, 2001. Comments regarding the Written Communications are as follows: 2A This is a letter from City Attorney stating that to the best of his knowledge from the observance of actions taken in the Closed Session on August 28, 2001 in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. 2B. This is a letter of resignation from Jim Fergus, member of the Towne Center Project Area Committee. IT IS RECOMMENDED THAT THIS RESIGNATION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY IN ACCORDANCE WITH MADDY ACT REQUIREMENTS. 2C. This is a letter of resignation from John F. Munch, Ex-Officio member of the Economic Development Commission. IT IS RECOMMENDED THAT THIS RESIGNATION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY IN ACCORDANCE WITH MADDY ACT REQUIREMENTS. 2D. This is a letter from Otay Ranch One Community Association requesting installation of a traffic light at the intersection of East Palomar Avenue and Santa Alicia Drive. IT IS RECOMMENDED THAT THE lETTER BE REFERRED TO THE TRAFFIC ENGINEERING SECTION FOR A RESPONSE TO THE OTAY RANCH COMMUNITY ASSOCIATION WITH A COpy TO SAFETY COMMISSION AND CITY COUNCil. 2E. This is a memorandum from Councilmember Padilla requesting an excused absence from this Council meeting. IT IS RECOMMENDED THAT THIS REQUEST BE GRANTED. -.. -"-'-".----'---------"" ~~f? -.- ~ -- --...,¡;:: -...: ~~=~ CllY OF CHULA VI sf A OFFICE OFTHE CITY ATTORNEY Date: August 29, 2001 To: The Honorable Mayor and City council From: John M. Kaheny, city AttorneY~~ Re: Report Regarding Actions Taken in Closed Session for the Meeting of 8/28/01 The city Council of the City of Chula vista met in Closed Session in a regular meeting and special meeting on 8/28/01 to discuss: 8 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: City Manager Employee Organizations: Chula Vista Employees Association, Western Council of Engineers Employee Groups: Executive, Senior-Management, Mid-Management, Confidential and Unrepresented 8 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) Two cases 8 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) John Michael Crim v. City of Chula vista, et al. (Case No. OOCV0465IEG[LAB] ) william Pennerman v. City of Chula Vista (Case No. OIVCO024BTM[JFS]) The Redevelopment Agency of the city of Chula Vista met in Closed Session in a regular meeting on 8/28/01 to discuss: 2A í 276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910' (619) 691-5037' FAX (619) 409.5823 ',,",","m.. """., ,.,., - --- - .------ . CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Agency-owned parcels at the northwest corner of Third Avenue and H street Negotiating Redevelopment Agency (Chris Salomone) and Parties: Gateway Chula Vista, LLC Under Negotiations: Revised price and terms for disposition/acquisition The City Attorney hereby reports to the best of his knowledge from the observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 19k J, \Attorney\LETTER\CLOSED SESSION No Reportable. 2A- CITY OF CHULA VISTA --- ------.------.- --..----- 1.1111 ,L;!,l N II . U ¿ 5 4 P i i 23 August 2001 TO: Honorable Mayor Shirley Horton FROM: Jim Fergus - TEM - Fergus Graphic Arts Fax 656-5024 ph 656-5020 SUBJECT: Resignation I have enjoyed working on the Towne Center Project Area Committee for a little over two years. r gained an appreciation for some of the processes projects have to go through before they can be started. I enjoyed working with Donna and others on the committee and City Staff. Fergus Graphic Arts has moved from Third Avenue, after 35 years. We merged with a mailing house in Bonita and moved to the Rancho del Rey business complex just East of the H Street Costco. Since I am no longer on the avenue, I can no longer serve on the Project Area Committee. Thank you for the opportunity to serve. Respectfully, 00 g :::¡=:¡ -<-< ::0 ('")0 ::Þ ", ,....~ ¡;; Jim Fergus ~~ n .c:: ~ ITI <no < Cc; Javier at Community Development oJ> ~.::- ;e fT1 :!:It/' 0 ,"c-- .Þ. n-' en --------- II - .. - CHULA VISTA OFFICE September 4. 2001 Ms. Lorrainc Bennett Office of the City Clerk 276 Fourth Avenue Chula Vista, California 91910 Dear Ms- Bennett: Please accept my resignation as an Ex-Officio member of the Economic Development Commission and the Economic Development Strategy Focus Group effective immediately. Recent changes in my job have caused a scheduling conflict with the regular meetings of the Commision. 1?crel~' - ~ - ~/~?J:!ü John F. Munch Viec President Manager S2Q ~ -<-I -<-< ::u 00 ~ IT! r- 'TI mo n :::O::I: /'T1 ~~ 01 oX> < 'TIc::: ;;e f'Il -r,-- 0 -V' s:;~' N ....,¡ 410 "H" 5"'E1, CHULA VIITA, CALIfORNIA 91910 619 426 5330 FAX6194254376 c.. - ---------- -------------------- -- RECEIVED ~.tO A~G ~3n W to ~ ! COUNCIL OffiCES '01 MJj 24 P2 :44 01',IY R,INCH ONE CO;V¡:VIUNITY ASSOCIAfiON CHULA VISTA._~_- ~y OF CHULA VIS¡; August 21,2001 'f'( CLERK'S 6FfiCI City of Chula Vista City Council 276 4th Avenue Chula Vista, CA 91910 Re: Otay Ranch Community Association East Palomar Avenue and Santa Alicia Drive Intersection Dear SirslMadams: This letter is written on behalf of the Otay Ranch Community Association Board of Directors regarding the need for a stop light at the intersection of East Palomar Avenue and Santa Alicia Drive. As you are probably aware, traffic moves very fast on East Palomar Avenue potentially creating an unsafe condition for pedestrian attempting to cross East Palomar Avenue at Santa Alicia Drive, event with the installation of a cross walk. For this reason and for the safety of pedestrian crossing the street. the Board of Directors is supporting the installation of a street light in this location, and respectfully requests that you take this matter under advisement. If you have any questions regarding this request, please feel fiee to contact me at 619/497-6565. Sincerely, ~ ()1~~ Stacy Cabrera, CCAM@ Community Association Manager /slc cc: Board of Directors Reginald White/1606 Piedmont Street Co c.. 2- DieGO A"""'. sum A 250. SAN DIEGO. CA '" ¡amI) PH Iml '"' 6565 1m) m9027 [.MA" SCA8RERA(~TWMC COM - ...---.--- .-..---. September 72, 2007 MEMO TO: The Honorable Mayor and City Council FROM: Armando Bueln~ssistant to the Mayor and Council SUBJECT: REQUEST FOR EXCUSED ABSENCE Due to a family commitment, Councilmember Stephen Padilla is requesting an excused absence from the council meeting scheduled for September 78, 2007. In the event you would like to speak to Councilmember Padilla, please feel free to call him directly. Thank You. Cc: City Clerk d SECOND READING AND ADOPTION ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE ZONING DISTRICT MAP FOR VILLAGE FIVE WHEREAS, the property which is the subject matter of this resolution is identified on Exhibit "A" attached hereto and described on Chula Vista Tract 97-02, and is commonly known as The Otay Ranch Village Five Core ("Property"); and WHEREAS, an application to amend the applicable sections and exhibits contained in the Otay Ranch Sectional Planning Area (SPA) One Plan, the SPA One Village Design Plan, the SPA One Parks, Recreation, Open Space and Trails Master Plan, and the Village Five Core Master Precise Plan was filed with the City ofChula Vista Planning and Building Department on December 20,2000 by McMillin Otay Ranch, LLe. ("Applicant"), to wit PCM-Ol-Il; and WHEREAS, Applicant has requested amendments to Otay Ranch SPA One Planned Community District Regulations which requires modifying the SPA One Zoning District Map in order to reflect neighborhood boundary adjustments to Neighborhoods P-8 and C-3/R-45, located in the Property and as shown on Exhibit "B"; and WHEREAS, Applicant has requested that the Zoning District for Park P-8 in the Property be amended from OS/PI (Open Space/Park) to C/RM2 (Commercial/Residential Multi-family Two) and that the adjacent plaza street also be designated C/RM2, as shown on Exhibits "B" ("Project"); and WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations are established pursuant to Title 19 ofthe Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone. and are applicable the Otay Ranch SPA One Land Use Plan ofthe amended SPA One Plan; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Plmming Area One Plan ("SPA One Plan") environmentally evaluated under EIR 95-01 and previously approved by the City Council on June 4, 1996 by Resolution No. 18286; and, WHEREAS, an amendment to the Otay Ranch GDP was approved by the City Council of the City of Chula Vista on November 10, 1998 and an amendment to the SPA One Plan was approved by the City Council of the City ofChula Vista on February 16,1999 by Resolution No. 19375 (PCM 97-11), which added Village One West to the Otay Ranch SPA One area; and, WHEREAS, the amended Otay Ranch SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council of the City of Chula Vista on October, 23, 1993, and as amended on May] 4, 1996, and November 10, 1998; and, .~.._----_..--_._- ~OITC1G~,:, ,- "'1:;t <, ,..,jo,.)..,.. Ordinance No. ~ Page No.2 of 4 WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01; therefore, an Addendum to FEIR 95-01 has been prepared in accordance with the State CEQA Guidelines Section 15164; and WHEREAS, a public forum was held on August 9, 2001 at Heritage Elementary School in SPA One in order to apprise the public of the Project and garner information fiom area residents; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-OI-II) and notice of said 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 feet ofthe exterior boundaries ofthe Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m, August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, amending Otay Ranch SPA One Planned Community District boundaries within the Village Five Core is intended to ensure that the SP A One Plan and related documents are implemented in accordance with the Otay Ranch General Development Plan (GDP) in order to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch SPA One area to exist in harmony within the community. NOW, THEREFORE, BE IT RESOL YED THAT THE CITY COUNCIL ofthe City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the amended SPA One Plan held on August 22, 2001 and the minutes and resolutions therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. -.- .....---------- .----- .._--~-- Ordinance No. - Page No.3 of 4 II. ACTION The City Council hereby adopts the modifications to the Zoning District Map (Exhibit "B") of the SPA One Planned Community District Regulations, finding that they are consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the addendum to FEIR 95-01, would have no new effects that were not examined in said FEIR [Guideline 15168 (c)(2)]; and III. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in 15162 and 15163 exist; and; therefore, an Addendum to FEIR 95-01 has been prepared in accordance with the State CEQA Guidelines Section 15164. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the EIR 95-01. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has found, pursuant to City Council Resolution No. -' that the Addendum prepared to Otay Ranch SPA One EIR 95-0 I reflected the independent judgment of the City Council of the City ofChula Vista and adopted the Addendum to Otay Ranch SPA One EIR 95-01. V. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for EIR 95-01. VI. NOTICE WITH LATER ACTIVITIES .-, -,. Ordinance No. - Page No.4 of 4 The City Council does hereby give notice, to the extent required by law, thatthis Project was fully described and analyzed and is within the scope of the EIR 95-01 which adequately describes and analyzes this project for the purposes ofCEQA [Guideline 15168(e)]. Presented by Approved as to form by ~~J /J1 c ~ Robert Leiter John. alìeny Planning and Building Director City Attorney C'.PI ANNINGOI..\YRNCIIVrIlG.rwspA 0", vrWSooth .\mend PC O,,!!o:mCèdoc ._~-- - ~~---~- ----- ~, ~ OTAY RANCH VILLAGE 5 (SPA I) ~ rPROJECT ~lOC~TION I CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR Ä~~CI~~1r: McMillin Communities Inc. PROJECr DESCRIPTION: ø SPA ONE AMENDMENT PROJECT Southeast corner of East Palomar Request: Propose a commercial and multi-family ADDRESS: Street & Santa Cora Avenue residential mixed use development. SCALE: I FILE NUMBER: Related Case: PCM-O1-10, pcm-O1-11 NORTH No Scale 15-01-035(8) c:\cherryl\locators\ls01035.cdr 6.13.01 EXHIBIT A -~- -----------.--. --- -- ,~ '1 l~ ~'~ "? co ::: ~~ '- - -C (J ( ., ~ '¡: ;; ¡¡; ~ õ ~ C) ~ .S '" c: 0 N ~ ! ~ .§-~ ...... ~ Ë Ë u. " ... ,. ~ " " " ; ~ ~ - " ~~ <= 0 " ,¡¡ . 0 " ,.:: ;: ~ ~ :i :i '" - ~ ~ ~~"..~~ u ==0":1.. ¡1.~~~~~~ ~~~Æ888-âi "tJ c:: ~ - N U. ~ Q ~~::E::E"-U ~ ...J"""O:O:U 0 e...~h\ b\ +- " BU ..:) --- .----- -------. SECOND READING AND ADOPTION ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE ZONING DISTRICT MAP FOR VILLAGE FIVE. WHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and, WHEREAS, an application to amend the Sectional Planning Area (SPA) One Planned Community District Regulations Zoning District Map for Village Five was filed with the City of Chula Vista Planning and Building Department on February 16,2001 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, the modified Otay Ranch SPA One Planned Community District Regulations Zoning District Map is intended to ensure that the Otay Ranch SPA One Plan IS prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City ofChula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch SPA One area to exist in harmony within the community ("Project"); and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations and Zoning District Map is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch SPA One Land Use Plan of the amended SPA One Plan; and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations modifies the SPA One Zoning District Map for Village Five to reflect zoning district adjustments to the Single-Family Four, Open Space/Park One, Residential Multi-Family One and Residential Multi- Family Two Zoning Districts located in the south east portion of Otay Ranch Village Five; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01"); and, WHEREAS, the amended Otay Ranch SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council of the City of Chula Vista on October, 28,1993, and as amended on May 14, 1996, and November 10, 1998; and, --------.-----------.----------.----.--_u ----------- .,..OrTC ':"' C/f\ ,,:> Ordinance No. Page 2 WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-0 I was prepared in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. (PCM-Ol-11); and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-01-17) and notice of said 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 feet of the exterior boundaries ofthe Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, WHEREAS, by a vote of , the Planning Commission recommended approval the project; and, WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch SPA One Amendment and adopting the ordinance to modify the Otay Ranch SPA One Planned Community District Regulations for Village Five; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the amended SPA One Plan held on August 22, 2001 and the minutes and resolutions therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby adopts an Ordinance to the SPA One Planned Community District Regulations modifying the Zoning District Map for Village Five, identified as Exhibit "B" in -- ---.-..-....-.--.. Ordinance No. Page 3 this ordinance, finding that they are consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 95-01, would have no new effects that were not examined in said FEIR [Guideline 15168 (c)(2)]; and IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project from the FEIR 95-01 which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the FEIR 95-01 [Guideline 15168(c)(2) and 15162(a)]. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council found that pursuant to Resolution No. (PCM-Ol-ll) that the Addendum prepared to Otay Ranch SPA One ErR 95-01 reflected the independent judgment of the City Council of the City of Chula Vista and adopted the Addendum to Otay Ranch SPA One FEIR 95-01. VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for FEIR 95-0 I. VII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the FEIR 95-01 adequately describes and analyzes this project for the purposes ofCEQA [Guideline 15168(e)]. _. - - ~~-------------_.._~ .. Ordinance No. Page 4 VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED SPA ONE PLAN AMENDMENT MODIFYING THE SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS ZONING DISTRICT MAP FOR VILLAGE FIVE IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch Sectional Planning Area (SPA) Plan Amendment modifying the Otay Ranch SPA One Zoning District Map for Village Five reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED OT A Y RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA One Plan Amendment contain provisions and requirements to ensure the orderly, phased development of the project. e. THE PROPOSED OT A Y RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Sectional Planning Area One. The project will provide a variety of housing types compatible with existing adjacent land uses, as required by the Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch SPA One Environmental Impact Report (EIR-95-01). Ordinance No. Page 5 Presented by Approved as to form by f1~ d m ~ â,¿P(J Robert Leiter John M. Kaheny Planning and Building Director City Attorney tf ~/~ , 'Tj ,;:¡ ~ ,~ I~ r ~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR Ä~~~~~~T OTAY PROJECTS, LP. PROJECT DESCRIPTION' ~ SPA PLAN AMENDMENT PROJECT alay Ranch, SPA One ~equest: Revise SPA One and TM 96-04 to allocate ADDRESS Village Five 2 unallocated multi-family units to neighborhoods SCALE' I FilE NUMBER R-30a&b and R-39. NORTH No Scale PCM-O1-17(b) Related Cases: PCS-01-08r. IS-01-043 EXHIBIT "A" -.--- .-- .. -----------------.---- .--------..------ t'- c.. ,,- Þ :2 C\'J ~~ ~::¡ :õ :E :f -- ... ..c: (.) >< '- W ... - II) j ~ -~ c ;EB ~:Iî ~ '" Q, .e-~ -:i.;j J~ ~ ~ 6; .3 ~ ~ ~ ~ á! E E ~ ~5ææ~ ~ ¡': ~ ~ ~!t 8'. -'" -'" '" '" "- - " E Ë " õi ~ 'Q á! ~~11~~~ """'.'.EEm ¡jj¡jj~~88g ~ ~ ~ C 0-0& Q) ~ ~~ g'~ù'::¡:¡ltU:¡¡ ;3 ~ ....!rnrnlrlru 0 ~ ~~ j .j1 ~~~, ',; - ~~ ! ~ ~-i' iii ~ .IH EXHIBIT "B" ----- --.------- COUNCIL AGENDA STATEMENT Item 5 Meeting Date 09/18/01 ITEM TITLE: Resolution Approving the Consultant Services Agreements with The Alford Group, Inc. to provide fundraising consultant services for the Chula Vista Public Library and the Chula Vista Nature Center, and waiving the consultant selection process as impractical SUBMITTED BY: """"" Ci", -.." p~ Nature Center Director,' REVIEWED BY: City ManagerP (4/5ths Vote: Yes- No----L.J The City retained The Alford Group, Inc. on November 1, 2000, after issuing a Request for Proposals/Qualifications (RFP/RFQ) for fundraising consulting services to support a one-year pilot program benefiting the Chula Vista Public Library and the Chula Vista Nature Center. The Alford Group's assistance directly resulted in $27,000 being raised for the Library and over $150,000 for the Nature Center in FY2000-0 1. Staff wishes to continue its positive and successful working relationship with this firm. Funds are budgeted in both departments' budgets for FY200 1-02 for fundraising consultant services. RECOMMENDATION: That the City Council adopt the resolution approving the Consultant Services Agreements with The Alford Group, Inc. to provide fundraising consultant services for the Chula Vista Public Library and the Chula Vista Nature Center, and waiving the consultant selection process as impractical. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Chula Vista Public Library and the Chula Vista Nature Center currently receive support fiom the associated Friends of the Chula Vista Library and Friends of the Chula Vista Nature Center, (Environmental Legacy Fund) respectively. Both entities have established a reasonable donor base cultivated by membership and direct mail programs, recognition events and regular newsletters. Annual support is solicited fiom various local corporations, and the Nature Center has conducted capital and sponsorship campaigns for specific exhibits. Both' Friends' groups have established endowment accounts at the San Diego Foundation and have policies governing the distribution of raised funds to these accounts. Both the Library and Nature Center realized that there was greater fundraising potential in the community and received City funds in FY2000-01 to hire a consultant under a pilot program to focus attention in other fundraising areas. (;)-/ -- ---.--.--- Page 2, Item S Meeting Date 09/18/01 The Library and Nature Center, via the City's Purchasing Agent, hired The Alford Group, Inc. on November 1, 2000, after issuing a Request for Proposals/Qualifications (RFP/RFQ) in July 2000 for resource development (fundraising) services for a one-year pilot program. Submittals were received fiom four firms and two firms were interviewed. The Alford Group helped the Library raise $27,000 and the Nature Center raise over $150,000 in FY2000-01. The firm has been working with the Nature Center on a capital campaign to raise funds to renovate the popular shark and bat ray exhibit. Library and Nature Center staff have been impressed with The Alford Group's work to date and their extensive background in preparing fundraising studies for a variety of organizations. Chula Vista Public Librarv In FY2000-01, the Library contracted with The Alford Group to provide the following services, which had not been done in the past: 1. Conduct an end-of-the-year cultivation mailing to a City-provided list of 500 donors, resulting in donations of approximately $19,000. 2. Coordinate a direct mail solicitation campaign to up to 5,000 prospective donors, using a Consultant-provided mailing list, resulting in donations of approximately $4,000. 3. Coordinate a mail solicitation for updating of the major donor plaque, resulting in additional donations of approximately $4,000. 4. Identify, contact, and meet with three prospective major gift donors to help secure gifts of$5,000 or more. This is to be done with a Chula Vista Library representative, and is still pending per the request of the Library staff. 5. Perform a general evaluation of the Library's fundraising efforts and provide recommendations as to what the Library could do to improve its methods, donor base, and amount of funds raised- The Library has implemented three of the 11 recommendations, and plans to implement four more in FY2001-02. Based on the success achieved in FY2000-0 I, staff recommends continuing consulting services with The Alford Group, at a cost of $20,000, and providing up to four one-year annual renewals, not to exceed $30,000 per year. For FY2001-02, the Library recommends contracting with The Alford Group to: 1. Help create a standing Library Development Committee of 10-12 community volunteers, staffed by the Library Director and/or Assistant Director. Help recruit influential and well-connected community members and library volunteers for service on the committee. -._,---,_...._'----- --,..~--_..- Page 3, Item 5 Meeting Date 09/18/01 2. In conjunction with the Library Development Committee and staff, help create a detailed 12-month Fund Development Plan. The Fund Development Plan would contain timelines and specific recommendations for the following: creating a strong case for support; sponsorship opportunities and prospects; direct mail fundraising efforts; special project fundraising; fundraising/cultivation events, major gift solicitations; annual fund drives; updating of donor plaque and other recognition pieces; encouraging memorial and tribute gifts; and estate and endowment gifts. 3. Explore and conduct an end-of-the-year cultivation mailing to a City-provided list of no more than 500 donors. 4. Coordinate one direct mail solicitation to no more than 5000 prospective donors via the use of a specialized mailing list developed by the Consultant. 5. Coordinate a mail solicitation for updating of the major donor plaque. Chula Vista Nature Center In FY2000-01, the Nature Center's agreement with The Alford Group included the following services: 1. Plan and help conduct a capital campaign (in the $150,000 - $200,000 range after expenses) for the refurbishment and upgrading of the existing shark and ray petting pool. 2. IdentitY, contact, and meet with, along with an appropriate Nature Center representative, three prospective major donors to help secure gifts of$5,000 or more to gain support for the capital project. 3. Perform a general evaluation of the Nature Center's and its fundraising organizations' current fundraising efforts, and provide a brief report with recommendations as to what the Nature Center could do to improve its methods, donor base, and the amount of funds raised, and the estimated costs to make any recommended changes or improvements to the fundraising program. Since the commencement of the capital campaign, the Nature Center has raised over $240,000 -- $150,000 of which is directly attributable to The Alford Group's involvement in the process. Based on the successes achieved in FY2000-01, and the very positive working relationship that has been established between the City and the Consultant, staff recommends continuing consulting services with The Alford Group for the Nature Center for FY 2001-02, at a cost of $25,000, and providing up to four one-year optional annual renewals, not to exceed $30,000 per year. For FY 2001-02, the Nature Center Director recommends contracting with The Alford Group to: 5-3 Page 4, Item 5' Meeting Date 09/18/01 1. Provide continuing counsel to the Shark and Ray Experience Capital Campaign Committee and conduct an end-of-the-year wrap-up solicitation/"thank you" mailing to a Nature Center-provided list of no more than 500 donors and prospective donors. 2. Increase the number of members of the Friends (Environmental Legacy Fund) Board fiom 5 to at least 12 people by helping to identify, cultivate, recruit and orient new members selected for their leadership abilities, passion for the Nature Center's mission and connections with various constituencies. 3. Help Nature Center staff and Board leadership create and train (in half-day retreat format) a standing Fundraising Committee of the ELF Board of Directors and help recruit additional community members and Nature Center volunteers for service on the committee. Assist committee in developing a detailed 12-month Fund Development Plan. The Fund Development Plan would contain timelines and specific recommendations for the following: creating a written case for support; sponsorship opportunities and prospects; direct mail fundraising efforts; special project fundraising; fundraising/cultivation events; major gift solicitations; member solicitations; creation of donor gift clubs; memorial and tribute gifts; and managing estate and endowment gifts. 4. Coordinate a direct mail solicitation to no more than 3000 prospective members via the use of a combined Nature Center provided and purchased list. 5. Conduct a review of Nature Center membership levels and benefits and provide recommendations for improvement and expansion of membership program. 6. Help Nature Center staff initiate procedures for acceptance of on-line contributions from individuals through the Nature Center's web site. 7. Edit quarterly the Nature Center's website with updated information about current financial needs and giving opportunities. Incorporate information about fundraising needs and methods of giving in each Bayfront By-Line newsletter and in other printed Nature Center materials as appropriate. The proposed agreement also contains additional services which may be provided, upon direction of the Nature Center: a. Help identify, contact and meet, along with a Chula Vista Nature Center representative, three prospective major gift donors to help secure gifts of $5,000 or more. Help identify appropriate projects or programs that could be funded by major donors. b. Help Development Committee and Nature Center staff plan and execute an annual donor recognition event. These additional services would cost $3,200 each, for a total of $6,400. ...".---.....--..-...,...-. ---... .---.------ -- Page 5, Item ~ Meeting Date 09/18/01 Staff is recommending that the City Council waive the consultant selection process of Municipal Code Section 2.56.110 as impractical because of the selection process that staff used to hire the firm initially and because the work being requested is essentially the same as was contemplated in the original RFP/FRQ. In addition to these contracts, the Library has also contracted with The Alford Group to assist Library staff prepare a strategic plan, as part of the Library Bond Act application process for the Rancho del Rey Library. This contract is for $20,700 and has been signed by the Purchasing Agent on behalf of the City. FISCAL IMPACT: The Library has $25,000 budgeted and the Nature Center has $32,000 budgeted in their operating budgets for these consulting services. Attachments: A. Agreement between the Chula Vista Public Library and The Alford Group, Inc. B. Agreement between the Chula Vista Nature Center and The Alford Group, Inc. 5-5' - ---------- RESOLUTION NO. 2001- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONSULTANT SERVICES AGREEMENTS WITH THE ALFORD GROUP, INC. TO PROVIDE FUNDRAISING CONSULTANT SERVICES FOR THE CHULA VISTA PUBLIC LIBRARY AND THE CHULA VISTA NATURE CENTER, AND WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL WHEREAS, the City retained The Alford Group, Inc- on November I, 2000, after issuing a Request for Proposals/Qualifications (RFP/RFQ) for fundraising consulting services to support a one-year pilot program benefiting the Chula Vista Public Library and the Chula Vista Nature Center; and WHEREAS, The Alford Group's assistance directly resulted in $27,000 being raised for the Library and over $150,000 for the Nature Center in FY2000-01; and WHEREAS, staff wishes to continue its positive and successful working relationship with this finn and funds are budgeted in both departments' budgets for FY2001-02 for fundraising consultant services; and. WHEREAS, staff is recommending that the City Council waive the consultant selection process of Municipal Code Section 2.56.110 as impractical because of the selection process that staff used to hire the firm initially and because the work being requested is essentially the same as was contemplated in the original RFP/RFQ. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby waive the consultant selection process as impractical and approve the Consultant Services Agreements with the Alford Group, Inc. to provide fundraising consultant services for the Chula Vista Public Library and the Chula Vista Nature Center, copies of which shall be kept on file on the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreements on behalf ofthe City. Presented by Approved as to form by f)ðUl ~~ Î-DR. David Palmer John M. Kaheny Deputy City Manager City Attorney J:IAttorneylResolAlford Group Agreements ATTACHMENT A Agreement between City of Chula Vista and The Alford Group, Inc. for Resource Development Consulting Services for the Chula Vista Public Library This agreement ("Agreement"), dated July 1, 2001, for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City desires to continue with_consulting services to improve and expand fundraising programs for the Chula Vista Public Library; and, Whereas, the City issued a Request for Proposal/Qualification in July 2000 to hire a resource development consultant for a one-year pilot program; and Whereas, the Alford Group, Inc. ("Consultant") was retained for Fiscal Year 2001 to demonstrate the effectiveness of professional fundraising support on a pilot basis; and Whereas, the Chula Vista Public Library was successful in raising close to $30,000 as a result of direct and indirect support from Consultant; and Whereas, the Chula Vista Public Library requested that Consultant provide a comprehensive scope of proposed services for Fiscal Year 2002; and Whereas, following review of Consultant's Fiscal Year 2001 performance, the positive working relationship that has been established between the City and the Consultant, the knowledge of the City that the Consultant has obtained for fundraising 2ptyagralfordgroup01-02.doc 8/30/01 Page 1 .s'7 efforts, and the proposed ciscal Year 2002 scope of work, City desires to continue to retain Consultant services for Fiscal Year 2002; and Whereas, funds have been budgeted in the operating budget for ongoing fundraising consulting services. 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.) 2ptyagralfordgroup01-02.doc 8/30/01 Page 2 s-¡ Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time' frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require ConsultaDt 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 2ptyagralfordgroupOl-O2.doc 8/30/01 Page 3 's-9 "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and sub consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance 2ptyagralfordgroup01-02.doc 8/30/01 Page 4 5~/O demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credi t", 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 2ptyagra1fordgroupOl-O2.doc 8/30/01 Page 5 .!:>--// in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, 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 2ptyagralfordgroupOl-02.doc 8/30/01 Page 6 5-/~ account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the 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. 2ptyagralfordgroupOl-02.doc 8/30/01 Page 7 S- ~l3 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 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 Conflirting 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 2ptyagralfordgroupOl-02.doc 8/30/01 Page 8 S- If learns of an economic interest of Consultant's, which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. 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, pròtect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, 2ptyagralfordgroupOl-02.doc 8/30/01 Page 9 S~/5 attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consul tanto 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other 2ptyagralfordgroupOl-02.doc 8/30/01 Page 10 S-/& 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 Consul cant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the sub consultants identified thereat as "Permitted Sub consultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them 2ptyagralfordgroupOl-O2.doc 8/30/01 Page 11 5'-/7 shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefi ts, 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. 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. 2ptyagralfordgroup01-02.doc 8/30/01 Page 12 S-/¿/ 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement ~ust be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to e~ter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 2ptyagralfordgroupOl-02.doc 8/30/01 Page 13 c.. .-/ '1 .:;;¡¡ I F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [End of page. Next page is signature page.] 2ptyagralfordgroupOl-02.doc 8/30/01 Page 14 s- .2.. ô Signature Page to Agreement between City of Chula Vista and The Alford Group,Inc. for Resource Development Consulting Services for the Chula Vista Public Library IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: 19 - City of Chula Vista BY:~A~ Dave Rowlands, City Man ger Approved as to form: John M. Kaheny, City Attorney Dated: The Alford Group, Inc. By: ~~ ~fì J1)~ C-f\'Ú: Sharon LeeMaster, CFRE Vice-President and Southwest Regional Manager Exhibit List to Agreement ( x ) Exhibi t A. 2ptyagralfordgroupOl-02.doc 9/7/01 Page 15 oS-.) ( Exhibit List to Agreement ( x JExhibit A. 2ptyagra1fordgroup01-02.doc 8/30/01 Page 16 .,5-M Exhibit A to Agreement between City of Chula Vista and The Alford Group, Inc. 1. Effective Date of Agreement: July 1, 2001 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: The Alford Group, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( x) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 3963 Lamont Street San Diego, CA 92109 Voice Phone (858) 274-7509 Fax Phone (858) 273-5742 2ptyagralfordgroup01-02.doc 8/30/01 Page 17 $-,),3 7. General Duties: Assist the Chula Vista Public Library and with improving and expanding their fundraising programs. 8. Scope of Work and Schedule: A. Detailed Scope of Work: a. Help create a standing Library Development Committee of 10-12 community volunteers, staffed by the Library Director and/or Assistant Director. Help recruit influential and well-connected community members and library volunteers for serv~ce on the committee by October 31, 2001. b. In conjunction with Library Development Committee and staff, help create a detailed 12-month Fund Development Plan. The Fund Development Plan would contain timelines and specific recommendations for the following: creating a strong case for support; sponsorship opportunities and prospects; direct mail fundraising efforts; special project fundraising; fundraising/cu1tivation events, major gift solicitations; annual fund drives; updating of donor plaque and other recognition pieces; encouraging memorial and tribute gifts and estate and endowment gifts. By February 28, 2002. c. Explore and conduct an end-of-the-year cultivation mailing to a City-provided list of no more than 500 donors; including writing, printing, and mailing the letters or cards by December 7, 2001. d. Coordinate one direct mail solicitation to no more than 5000 prospective donors via the use of a specialized mailing list developed by the Consultant and approved by the City; including writing, printing, and mailing the donor acquisition letters by December 15, 2001. e. Coordinate a mail solicitation/major donor plaque update to a list of identified donors; including writing, printing, and mailing donor renewal packets no later than May 31, 2002. 2ptyagralfordgroup01-02.doc 8/30/01 Pi3.ge 18 $'~¥ f. Help identify, contact, and meet with, along with a Chula Vista Public Library representative, three prospective major gift donors to help secure gifts of $5,000 or more, by June 30, 2002. As part of this effort, assist the Library with identifying appropriate capital and/or program projects that could be funded by these major donors. g. Provide a plan of Consultant-provided prioritized services for the Library's fundraising efforts for the next fiscal year (,~ lly 1, 2002 through June 30, 2003), along with not-to-be exceeded Consultant costs for those services, by March 1, 2002. B. Date for Commencement of Consultant Services: (x) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: See dates in Section 8A above. D. Date for completion of all Consultant services: June 30, 2002, or completion of all tasks to City's satisfaction, whichever occurs last. E. Extensions to Agreement Agreement may be renewed annually by City, for up to four additional one-year periods, upon approval of the City Manager or his/her designee, for an amount not to exceed $30,000 and under the same terms and conditions. Specific Scope of Work and Payment Schedule for Deliverables shall be negotiated annually. 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. (x) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). 2ptyagralfordgroupOl-02.doc 8/30/01 Page 19 .5 ~ .<>5 ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: City will process all gifts and mail acknowledgment letters for all mailings cited in Section 8A. City will provide Consultant with applicable current donor lists, brochures, flyers, prior donor solicitation letters, membership forms for evaluation by Consultant. Consultant will select printers/mailing houses in order to use their contacts and previous relationships to minimize mailing costs. 11. Compensation: A. (x) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, and deemed acceptable by City, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $20,000,payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee Signing of contract by Both Parties 10%, or $2,000 Completion of Item BA(I) (a) $2,160 Completion of Item 8A(I) (b) $2,B80 Completion of Item 8A(I) (c) $2,880 Completion of Item BA(I) (d) $5,040 Completion of Item BA(I) (e) $2,160 Completion of Item 8A(I) (f) $2,B80 (x) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not 2ptyagralfordgroupOl-02.doc B/30/01 Page 20 5-.2..~ 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 Mana}er 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 Fee for Said Phase 1. $ 2. $ 3. $ ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end 2ptyagralfordgroupOl-02.doc 8/30/01 Page 21 .§~...?7 of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). 2ptyagralfordgroupOl-02.doc 8/30/01 Page 22 ~c2f (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. Rate Schedule Category of Employee Hourly of Consultant Name Rate ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $ _ : ( ) Copies, not to exceed $ : ( ) Travel, not to exceed $_ : ( ) Printing, not to exceed $ _ : ( ) Postage, not to exceed $ : ( ) Deli very, not to exceed $_ : ( ) Long Distance Telephone Charges, not to exceed $ - 2ptyagralfordgroupOl-02.doc 8/30/01 Page 23 .s ~ oL7 ( ) Other Actual Identifiable Direct Costs: , not to exceed $ : , not to exceed $ : 13. Contract Administrators: City: Shauna Stokes, Library Consultant: Sharon LeeMaster, CFRE 14. Liquidated Damages Rate: ( ) $- per day. ( x ) Other: None 15. Statement of Economic Interests, Consultant Repor~ing Categories, per Conflict of Interest Code: ( x) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments and sources of lncome. ( ) 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 èngage 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 contra~ted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. 2ptyagralfordgroupOl-02.doc 8/30/01 Page 24 .:;--llD ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Sub consultants: Sub consultants may be used as recommended by the Consultant and approved by the City. Sub consultants are all associated with The Alford Group, Inc., even if they are not official employees of said Consultant. 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (x ) Other: By task B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( x) Other: By task, net 30 days from receipt of deliverable or receipt of accurate invoice, whichever is later. C. City's Account Number: 18311-6401 for $20,000 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ 2ptyagralfordgroupOl-02.doc 8/30/01 Page 25 $- :3-/ ( ) Other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has Occurred: ( ) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: 2ptyagralfordgroup01-02.doc 8/30/01 Page 26 .,þ-- 3.2 ATTACHMENT B Agreement between City of Chula Vista and The Alford Group, Inc. for Resource Development Consulting Services for the Chula Vista Nature Center This agreement ("Agreement"), dated July 1, 2001, for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City desires to continue with consulting services to improve and expand fundraising programs for the Chula Vista Nature Center; and, Whereas, the City issued a Request for Proposal/Qualification in July 2000 to hire a resource development consultant for a one-year pilot program; and Whereas, the Alford Group, Inc. ("Consultant") was retained for Fiscal Year 2001 to demonstrate the effectiveness of professional fundraising support on a pilot basis; and Whereas, the Chula Vista Nature Center was successful in raising over $150,000 ($135,000 net) as a result of direct and indirect support from Consultant; and Whereas, the Chula Vista Nature Center requested that Consultant provide a comprehensive scope of proposed services for Fiscal Year 1002; and Whereas, following review of Consultant's Fiscal Year 2001 performance, the positive working relationship that has been established between the City and the Consultant, the knowledge of the City that the Consultant has obtained for fundraising efforts, and the proposed Fiscal Year 2002 scope of work, City desires to continue to retain Consultant services for Fiscal Year 2002; and db2ptyagralfordgroup01-02.doc 9/5/01 Page 1 ~-- 3 ~ Whereas, funds have been budgeted in the operating budget for ongoing fundraising consulting services. 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.) db2ptyagralfordgroup01-02.doc 9/5/01 Page 2 ,5- 31 Obligatory provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform' all of the services described in Exhibit A, Paragraph 8, entitled " Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. db2ptyagralfordgroupOl-02.doc 9/5/01 Page 3 ~--:3S E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and sub consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. db2ptyagralfordgroup01-02.doc 9/5/01 Page 4 ..s - 3fo (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. db2ptyagralfordgroup01-02.doc 9/5/01 Page 5 "á-- 3 7 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, 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 there under 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 db2ptyagralfordgroup01-02.doc 9/5/01 Page 6 ~--i3<f' 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 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of db2ptyagralfordgroupOl-02.doc 9/5/01 Page 7 ~-- ~9 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 represe~ts 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, which may result in a conflict of interest for the purpose of the Fair political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined db2ptyagralfordgroup01-02.doc 9/5/01 Page 8 S-~ Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party, which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to db2ptyagralfordgroup01-02.doc 9/5/01 Page 9 .¿--£// Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or innovation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the sub consultants identified thereat as "Permitted Sub consultants". db2ptyagralfordgroup01-02.doc 9/5/01 Page 10 ~~- ¥.z 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has 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. db2ptyagralfordgroup01-02.doc 9/5/01 Page 11 5-~d 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, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. db2ptyagralfordgroupOl-02.doc 9/5/01 Page 12 5 -L/~ 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 Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [End of page. Next page is signature page.] db2ptyagralfordgroup01-02.doc 9/5/01 Page 13 S-L/5 Signature Page to Agreement between City of Chula Vista and The Alford Group,Inc. for Resource Development Consulting Services for the Chula Vista Nature Center 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: 2001 City of Chula Vista By: £2,.2 R ~ Dave Rowlands, City Manager Approved as to form: John M. Kaheny, City Attorney Dated: The Alford Group, Inc. By: 8f1W)VJ~ ~ CRZ£ Sharon LeeMaster, CFRE Vice-President and Southwest Regional Manager Exhibit List to Agreement ( x ) Exhibit A. db2ptyagralfordgroup01-02.doc 9/11/01 Page 14 $-A, Exhibit A to Agreement between City of Chula Vista and The Alford Group, Inc. 1. Effective Date of Agreement: July 1, 2001 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: The Alford Group, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( x) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 3963 Lamont Street San Diego, CA 92109 Voice Phone (858) 274-7509 Fax Phone (858) 273-5742 db2ptyagralfordgroupOl-02.doc 9/5/01 Page 15 ~-~7 7. General Duties: Assist the Chula Vista Nature Center with improving and expanding its fundraising programs. 8. Scope of Work and Schedule: A. Detailed Scope of Work: 1. Required Services a. Provide continuing counsel to the Shark and Ray Experience Capital Campaign Committee and conduct an end-of-the-year wrap-up solicitation/" thank you" mailing to a Nature Center-provided list of no more than 500 donors and prospective donors; including writing, printing and mailing the letters by December 7, 2001. b. Increase the number of members of the Environmental Legacy Fund Board from 5 to at least 12 people by helping to identify, cultivate, recruit and orient new members selected for their leadership abilities, passion for the Nature Center's mission and connections with various constituencies. By November 15, 2001. c. Help Nature Center staff and Board leadership create and train (in half-day retreat format) a standing Fundraising Committee of the ELF Board of Directors and help recruit additional community members and Nature Center volunteers for service on the committee. Define roles and responsibilities of committee members. Assist committee in developing a detailed 12-month Fund Development Plan by January 31, 2002. The Fund Development Plan would contain timelines and specific recommendations for the following: 0 creating a written case for support 0 identifying sponsorship opportunities and prospects 0 direct mail fundraising efforts 0 special project fundraising 0 fundraising/cultivation events 0 major gift solicitations 0 member solicitations 0 creation of donor gift clubs 0 encouraging memorial and tribute gifts 0 managing estate and endowment gifts db2ptyagralfordgroup01-02.doc 9/10/01 Page 16 S - t/f d. Coordinate a direct mail solicitation to no more than 3000 prospective members via the use of a combined Nature Center provided and purchased list; including writing, printing and mailing the member acquisition letters by March 31, 2002. e. Conduct a review of Nature Center membership levels and benefits and provide recommendations for improvement and expansion of membership program by October 31, 2001. f. Help Nature Center staff initiate procedures for acceptance of on-line contributions from individuals through the Nature Center's web site. By October 31, 2001. g. Provide a plan of consultant-provided prioritized services for the Nature Center's fundraising efforts for the next fiscal year (July 1, 2002 - June 30, 2003), along with not-to-be-exceeded consultant costs for those services, by April 1, 2002. h. Edit quarterly the Nature Center's web site with updated information about current financial needs and giving opportunities. Incorporate information about fundraising needs and methods of giving in each Bayfront By-Line newsletter and in other printed Nature Center materials as appropriate. By end of each FY2002 quarter. Total of services a-h: $25,000 II. Additional services. At City's sole discretion, Consultant may be requested to provide some or all of the following additional services: a. Help identify, contact and meet, along with a Chula Vista Nature Center representative, three prospective major gift donors to help secure gifts of $5,000 or more. Help identify appropriate projects or programs that could be funded by major donors. By June 30, 2002. $3,200 b. Help Development Committee and Nature Center staff plan and execute an annual donor recognition event by June 30, 2002. $3,200 db2ptyagralfordgroupOl-02.doc 9/5/01 Page 17 ..,5- ~~9 B. Date for Commencement of Consultant Services: (x) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: See dates in Section 8A above. D. Date for completion of all Consultant services: June 30, 2002, o~ completion of all tasks to City's satisfaction, whichever occurs last. E. Extensions to Agreement Agreement may be renewed annually by City, for up to four additional one-year periods, upon approval of the City Manager or his/her designee, for an amount not to exceed $30,000 and under the same terms and conditions. Specific Scope of Work and Payment Schedule for Deliverables shall be negotiated annually. 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. (x) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: City will process all gifts and mail acknowledgment letters for all mailings cited in Section 8A. As appropriate, City will provide Consultant with applicable current donor lists, brochures, flyers, prior donor solicitation letters, membership forms for evaluation by Consultant. Consultant will select printers/mailing houses in order to use their contacts and previous relationships to minimize mailing costs. db2ptyagralfordgroupOl-02.doc 9/5/01 Page 18 5- S() 11. Compensation: A. (x) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required and deemed acceptable by City, 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: $25,000 payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee Agreement Execution $2,500 (10%) Completion of Item 8A(I)(a) $3,420 Completion of Item 8A(I)(b) $2,160 Completion of Item 8A(I)(c) $5,490 Completion of Item 8A(I)(d) $4,500 Completion of Item 8A(I)(e) $1,350 Completion of Item 8A(I)(f) $1,260 Completion of Item 8A(I)(g) $0 Completion of Item 8A(I)(h) $4,320 (x) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The db2ptyagralfordgroup01-02.doc 9/5/01 Page 19 ~--- 5'/ practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase db2ptyagralfordgroupOl-02.doc 9/5/01 Page 20 S-5~ 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. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation" ). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Hourly of Consultant Name Rate db2ptyagralfordgroupOl-02.doc 9/5/01 Page 21 .:;;--5'.3 ( )Hourly rates may increase by 6% for services rendered after [month], ~ 20 , if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $ _ : ( ) 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 $ : 13. Contract Administrators: City: Dan Beintema, Nature Center Director Consultant: Sharon LeeMaster, CFRE 14. Liquidated Damages Rate: ( ) $- per day. ( x ) Other: None 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( x) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) ~ategory No. 1. Investments and sources of lncome. db2ptyagralfordgroupOl-02.doc 9/5/01 Page 22 ~-- S-¥ ( ) 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, materìals, machinery or equipment. ( ) Category No. 7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Subconsultants may be used as recommended by the Consultant and approved by the City. Subconsultants are all associated with The Alford Group, Inc., even if they are not official employees of said Consultant. 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (x) Other: By task db2ptyagralfordgroup01-02.doc 9/5/01 Page 23 ..á--~ B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( x) Other: By task, net 30 days from receipt of deliverable or receipt of accurate invoice, whichever is later. C. City's Account Number: 42100-6301 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: db2ptyagralfordgroup01-02.doc 9/5/01 Page 24 $- ~t., COUNCIL AGENDA STATEMENT --L ITEM: MEETING DATE: 09/18/01 ITEM TITLE: Resolution Authorizing the Mayor to execute an amendment to the existing contract with the County of San Diego for receipt of financial assistance in the amount of $6,500 to support the designation of Chula Vista Harbor as the Southern Home Port of the tall ship Californian SUBMITTED BY: Deputy City Manager David palme~ REVIEWED BY: City Manager .{J (4/5ths Vote: Yes_NoJ.J Since July 1986, Chula Vista has had a contract with the Nautical Heritage Society (NHS) designating the City as the Southern Home Port of the state's official tall ship, the Californian. For a number of years the County of San Diego has recognized the benefits of the Californian to the region and provided financial assistance to the City. This amendment extends the City's contract with the County. RECOMMENDATION: That Council adopt the resolution to authorize the Mayor to sign the attached amendment to renew the existing contract and accept the $6,500 fiom the County to support the tall ship Californian. BOARDS/COMMISSION RECOMMENDATION: N/A DISCUSSION: The amendment to the existing contract with the County of San Diego recognizes that the tall ship's visits, open houses and special cruises are enjoyed by residents throughout San Diego County, as well as tourists to the region. To help keep the home port status, the County has agreed to pay the City the sum of$6,500 in FYOI-02. During the last 15 years, the Californian has been an effective tool for the City in promoting our bayfiont as a recreational and visitor destination. The Californian and other tall ships have formed the centerpiece of the bayfiont's most successful special events including Harbor Days. The Californian has attracted local, regional, national and, on occasion, international media coverage for special events, open houses, Sea Cadet sails, elementary school programs and environmental awareness activities. Chula Vista has had home port status since 1986 and currently is listed as one ofthe Californian's two home ports with Long Beach. FISCAL IMPACT: The City is paying the Nautical Heritage Society $31,500 for FY2001-02, per its contract. The Redevelopment Agency funds this cost, which is partially reimbursed by the County's Community Enhancement fund grant of $6,500. This revenue is already included in the FY2001-02 operating budget for the Office of Communications. Attachment: A. Agreement between County of San Diego & City ofChula Vista ~- - -~--_~--___mn______- - RESOLUTION NO- 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EXISTING CONTRACT WITH THE COUNTY OF SAN DIEGO FOR RECEIPT OF FINANCIAL ASSISTANCE IN THE AMOUNT OF $6,500 TO SUPPORT THE DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN HOME PORT OF THE TALL SHIP CALIFORNIAN WHEREAS, the City's agreement with the Nautical Heritage society to designate Chula Vista Harbor as the Southern Home Port of the tall ship Californian requires that the City make a $31,500 grant in FY 2001/02 to the ship's organization; and WHEREAS, in consideration of the value of the ship as a shared community asset, the County has allocated $6,500 in its Community Enhancem~nt Funds to support this service; and WHEREAS, staf f recommends cont inuing the proj ect and recommends executing an amendment to the agreement with the County of San Diego. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does approve an Amendment to The Existing Contract with the County of San Diego for receipt of financial assistance in the amount of $6,500 to support the designation of Chula Vista Harbor as the Southern Home Port of the tall ship Californian, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said amendment for and on behalf of the City of Chu1a Vista. Presented by Approved as to form by :i(h.- Ä ' David Palmer Jo M. Kaheny J- Deputy City Manager ci y Attorney J \attorney\reeo\tall'hip calfornian funding (p~ ------------.-------.----- CO MMUNITY ENHANCEMENT PROGRAM EXHIBIT A FOR 2001-02 NAME OF ORGANIZATION: City ofChula Vista DATE OF AWARD BY THE BOARD OF SUPERVISORS: June 26,2001 PERIOD OF CONTRACT: July 1,2001- June 30, 2002 SCOPE OF SERVICE: Tall Ship "Californian" AWARD AMOUNT: $6,500.00 I agree to the Contract terms stated above: Signature Date ~- -. --.----- COUNCIL AGENDA STATEMENT Item 7 Meeting Date 09/18/01 ITEM TITLE: Resolution Accepting California State Library - California Library Services Act English Language and Literacy Intensive grant funds of $21,000 awarded to the Chula Vista Literacy Team, appropriating unanticipated revenue of $14,000, and amending the FY 2001-02 Library Department budget SUBMITTED BY: Deputy City Manager palme~ REVIEWED BY: City Manager P (4/5ths Vote: Yes ~ No ~ The Chula Vista Literacy Team has been awarded a California Library Services Act English Language and Literacy Intensive (ELLI) grant of $21 ,000 fiom the California State Library to develop and offer children's literacy services to children who are English Language Learners. The ELLI Grant Program was created in response to Gov. Gray Davis' focus on education and his desire to improve the literacy skills of California's school-age children, especially those who come fiom homes where English is not the first language. This is the first year that the Literacy Team has been awarded this grant. These funds cannot be used to supplant the current tutor reading program. RECOMMENDATION: That Council adopt the resolution accepting California State Library- California Library Services Act English Language and Literacy Intensive grant funds of$21,000 awarded to the Chula Vista Literacy Team, appropriating unanticipated revenue of $14,000, and amending the FY 2001-02 Library Department budget. BOARDS/COMMISSION: At its August 15, 2001 meeting, the Library Board of Trustees voted to support the Library's application for CLSA English Language and Literacy Intensive grant funds- DISCUSSION: In Spring 2001, in response to increased parent requests for children's literacy services, the Chula Vista Literacy Team launched a successful pilot program of LEAP (Library Educational Afterschool Program) Into Reading, a literacy tutoring program for children in grades 3 - 6 who are having trouble with reading in school. The pilot program, offered at the South Chula Vista Branch, was funded by a one-time donation fiom Qualcomm Inc. This program was approved by Council at its March 6, 2001 meeting as part of the staff recommendation to upgrade a .87 Temporary Expert Professional position to a full-time Family and Afterschool Literacy Supervisor. At that time, staff indicated that 60% of the cost of the position and program would be funded from grant funds, including Families for Literacy State grant. In addition, staff indicated that the goal was to seek new grants and donations to cover at least one-half of the remaining cost ofthe position and existing program, or $12,000. The $21,000 in funds received through the ELLI Grant will partially cover the $12,000 revenue target to offset the Family and Afterschool Literacy Supervisor position and existing LEAP 7- -. .. -- .----- -------------- Page 2, Item í Meeting Date 09/18/01 program. I . These funds will also be used to expand the LEAP program to the Civic Center branch, starting in January 2002. Funds will be used to offset $7,000 of the Family and Afterschool Literacy Supervisor position, provide $4,500 for a Site Supervisor/Tutor Mentor for the Civic Center branch program, provide $4,000 for two interns to help at both library branches, and provide $5,500 for Family Night specialty classes and events and purchase books and supplies for the program. The Literacy Team expects to enroll 70 children in the program this year. FISCAL IMPACT: The Literacy Team is receiving $21,000 in new revenue fiom the ELLI Grant. Of this amount, $7,000 will offset the cost of the existing Family and Afterschool Literacy Supervisor position and will therefore not need to be appropriated to the operating budget The remaining $14,000 in revenue will need to be appropriated for expenditures outlined above. File: Al13ACCEPTING ELL! GRANT 01-02.DOC 1 Donations received throughout the year will make up the difference. 7- RESOLUTION NO. 2001- ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CALIFORNIA STATE LIBRARY - CALIFORNIA LIBRARY SERVICES ACT ENGLISH LANGUAGE AND LITERACY INTENSIVE GRANT FUNDS OF $21,000 AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING UNANTICIPATED REVENUE OF $14,000, AND AMENDING THE FY 2001-02 LIBRARY DEPARTMENT BUDGET WHEREAS, the Chula Vista Literacy Team has been awarded a California Library Services Act English Language and Literacy Intensive (ELL!) grant of $21,000 fiom the California State Library to develop and offer children's literacy services to children who are English Language Learners; and WHEREAS, the ELL! Grant Program was created in response to Gov. Gray Davis' focus on education and his desire to improve the literacy skills of California's school-age children, especially those who come from homes where English is not the first language; and WHEREAS, this is the first year that the Literacy Team has been awarded this grant; however, these funds cannot be used to supplant the current tutor reading program; and WHEREAS, at its August 15, 2001 meeting, the Library Board of Trustees voted to support the Library's application for CLSA English Language and Literacy Intensive grant funds. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept California State Library - California Library Services Act English Language and Literacy Intensive grant funds of$21,000 awarded to the Chula Vista Literacy Team- BE IT FURTHER RESOLVED that the City Council does hereby appropriate unanticipated revenue of$14,000 and amend the FY 2001-002 Library Department budget Presented by Approved as to form by David Palmcr Deputy City Manager JIAttorneylResolLiteracy English Language Grant ~'~ -~ -- COUNCIL AGENDA STATEMENT Item --.b- Meeting Date 09/18/01 ITEM TITLE: Resolution Approving the Memorandum of Understanding between the City of Chula Vista and the Lauderbach Elementary School District regardin~ provision of Library/Research Skills instruction to 4th through 6t grade students, accepting $4,800 fiom the School, appropriating the unanticipated revenue, and amending the FY200 1-02 Library budget SUBMITTED BY: Deputy City Manager palmef(f'o'f REVIEWED BY: CitYManag{2) (4/5ths Vote: Yes~ No~ Lauderbach Elementary School ¡, approached the Library about providing Library/Research skills instruction to 4th through 6th graders during class visits, outside of what the Library normally provides schools during class visits- Additional costs would be incurred by the Library to conduct this specialized program at the South Chula Vista branch library- The two staffs have reached agreement on how this service could be provided, outside of regular Library hours, at a cost of $4,800 to the School. The attached Memorandum of Understanding (MOU) (Attachment "A") outlines the terms and conditions under which this trial program will be conducted for the remainder of the fiscal year- RECOMMENDATION: That Council adopt the resolution approving the Memorandum of Understanding between the Chula Vista Public Library and the Lauderbach Elementary School District regarding provision of Library/Research Skills instruction to 4th through 6th grade students, accepting $4,800 fiom the School, appropriating the unanticipated revenue, and amending the FY2001-02 Library budget. BOARDS/COMMISSION: N/A. DISCUSSION: Currently the Chula Vista Public Library offers the opportunity for elementary school classes to visit the Civic Center and South Chula Vista Branch Libraries during regular operating hours (Elementary classes cannot visit the EastLake Branch during the school day as it is in use as a High School Library.) The class visits generally consist of an activity appropriate to the grade level visiting and instruction on the use of the Library Catalog and specialized information resources. In FY2000-01, over 140 classes visited the two branch libraries. In July 2001 Lauderbach Elementary School's reading specialist contacted staff at the South Chula Vista Branch about scheduling of special weekly class visits for 4th_6th graders. The Library was unable to accommodate the requested schedule due to the anticipated demand for class visits fiom other neighborhood schools in the Library's service area (Otay, Montgomery, Loma Verde, Harborside to name a few). After some discussion, it was agreed that Lauderbach School pay for the staffing and associated costs ($4800) of offering weekly class visits prior to I Lauderbach Elementary School is a year round schooL 8- Page 2, Item î Meeting Date 09/18/01 regular library hours on Mondays, Tuesdays and Fridays. The School and Library will collaborate on creating a curriculum for library/research skills instruction that will be delivered over 11 weeks, and will meet State standards. This project will be a pilot instructional program for the 2001/2002 school year. Lauderbach students in Kindergarten through 3rd grade will still be able to visit the library as scheduled by their teachers on a monthly or bi-monthly basis during regular library hours. It is recommended that Council approve the MOU between the Library and the School, entered into on behalf of the City and the Elementary School District. FISCAL IMPACT: The Library will hire an hourly Library Associate to provide the instruction to the students at the South Chula Vista branch library, at a cost of$2,455. In addition, an hourly Librarian I will be hired to backfill full-time staff for the time involved in supervision and teaching of the Library Associate, and curriculum development for this pilot program, at a cost of$I,225. The remaining $1,120 will be used for student incentives, supplies, and printing. Attachment: A. MOU between the Chula Vista Public Library and Lauderbach Elementary School File: AI13LAUDERBACH SCHOOLDOC . ,..,-.__. -,------,- ,- ------- RESOLUTION NO. 2001- - RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE LAUDERBACH ELEMENTARY SCHOOL DISTRICT REGARDING PROVISION OF LIBRARY/ RESEARCH SKILLS INSTRUCTION TO 4TH THROUGH 6TH GRADE STUDENTS, ACCEPTING $4,800 FROM THE SCHOOL, APPROPRIATING THE UNANTICIPATED REVENUE, AND AMENDING THE FY 2001-02 BUDGET WHEREAS, Lauderbach Elementary School approached the Library about providing Library/Research skills instruction to 4th through 6th graders during class visits, outside of what the Library normally provides school during class visits; and WHEREAS, additional costs would be incurred by the Library to conduct this specialized program at the South Chula Vista branch library; and WHEREAS, the two staffs have reached agreement on how this service could be provided, outside ofregular Library hours, at a cost of$4,800 to the School; and WHEREAS, the Memorandum of Understanding (MOU), outlines the terms and conditions under which this trial program will be conducted for the remainder of the fiscal year. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding, as set forth in Attachment "A", between the City of Chula Vista and the Lauderbach Elementary School District regarding provision of Library/Research Skills instruction to 4th through 6th grade students. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby accept the $4,800 from the School, appropriate the unanticipated revenue, and amend the FY2001-02 Library budget. Presented by Approved as to form by ~ David Palmer John M. Kaheny v Deputy City Manager City Attorney lIAttorneylResolLauderbach MOU 3 MEMORANDUM OF UNDERSTANDING Page 1 of2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND LAUDERBACHELEMENTARYSCHOOL This MOU is entered into by the City Manager on behalf of the City of Chula Vista, and the Principal of Lauderbach Elementary School, on behalf of the Chula Vista Elementary School District. This is an agreement to provide Library/Research Skills instruction to 4th through 6th grade students fiom Lauderbach School during class visits to the South Chula Vista Branch Library for 11 weeks between October 2001 and June 2002. The parties agree that Lauderbach Elementary School's responsibilities shall be to: > Provide a staff liaison with the Library as a key contact who will assist in the development ofthe Library/Research skills curriculum to meet the state standards and assist in the coordination of the program with the Children's Librarian. > Facilitate communication of the Library/Research Skills instruction program goals to the teachers and students participating in the training. > Promote cooperation and coordination between Lauderbach School personnel and Library personnel. > Coordinate class visit schedules and transportation to the Library for participating classes. > Provide a minimum of two support supervisors for each class visit. > Provide the Library with $4,800 by October 1, 2001 towards the cost of operating the Library/Research Skills instruction program for Lauderbach SchooL The parties agree that the Chula Vista Public Library's responsibilities shall be to: > Provide a Children's Librarian as a key contact to oversee and coordinate the Library/Research Skills instruction in coordination with Lauderbach key contact. > Facilitate communication of the Library/Research Skills instruction program goals to Library personnel. > Promote cooperation and coordination between Library personnel and Lauderbach. '6'-i MEMORANDUM OF UNDERSTANDING Page 2 of2 ~ Develop and adapt existing curriculum for the Library/Research Skills instruction in cooperation with the Lauderbach School key contact. ~ Provide Library/Research Skills instruction utilizing a paid Library staff member for thirteen 35-rninute classes per week for 11 weeks beginning October 15 and ending June 7 on Mondays between 8: 15 and 11 :30; Tuesdays between 8:55 and 11 :30 and Friday mornings between 8:55 and 11 :30 during hours the Library is normally closed to the public. Please see Attachment "A" for a list of dates and times. In case of illness or other emergency, the class visits will be rescheduled upon a mutually agreed upon time between the Chula Vista Public Library and Lauderbach School. ~ Apply the $4,800 toward funding paid Library staff to support and conduct the Library/Research Skills instruction. The cost of the program shall not exceed $4,800. The parties further agree to hold harmless each other against any and all claims asserted or liability established for damages or injuries, including death, to any person or property, including an officer, agent or employee of one of the parties, which arise fiom or are connected with or are caused by the negligent acts or omissions of the School or the Library in carrying out the terms of the agreement; provided, however, that no duty to hold harmless one party shall arise or exist regarding the established sole negligence or willful misconduct of that party. LAUD ERBACH ELEMENTARY CITY OF CHULA VISTA SCHOOL By: áUGk¿2~ By: Date: q - 10 - Of Date: ~-S ATTACHMENT A Chula Vista Public Library Visitation Schedule For Lauderbach Elementary School 4th to 6th grade Teachers' Schedule Dates: Monday, October 15 Tuesday, October 16 Friday, October 19 Monday, October 29 Tuesday, October 30 Friday, November 2 Monday, November 5 Tuesday, November 6 Friday, November 9 Friday, November 16 Monday, November 19 Tuesday, November 20 Monday, December 3 Tuesday, December 4 Friday, December 7 Monday, January 14 Tuesday, January 15 Friday, January 18 Monday, January 28 Tuesday, January 29 Friday, February 1 Friday, February 8 Monday, February 11 Tuesday, February 12 Monday, February 25 Tuesday, February 26 Friday, March 1 Monday, March 11 Tuesday, March 12 Friday, March 15 Monday, June 3 Tuesday, June 4 Friday, June 7 Times: Mondays 8:15 to 8:50 am 8:55 to 9:30 am 9:35 to 10:10 am 10:15 to 10:50 am 10:55to'II:30am Tuesdays 8:55 to 9:30 am 9:35 to 10: 10 am 10:15 to 10:50 am 10:55 to 11:30am Fridays 8:55 to 9:30 am 9:35 to 10: 10 am 10:15 to 10:50 am 10:55 to '11 :30 am '6-~ COUNCIL AGENDA STATEMENT Item:~ Meeting Date: 9/18/01 ITEM TITLE: Resolution amending the FY2001-02 budget for the Parks and Recreation Department by appropriating $5,000 in unanticipated revenue through acceptance of a grant fiom KIT (Kids Included Together) in the amount of $7,000 ($5,000 in cash and $2,000 in in-kind services) and authorizing an agreement between the City and Kids Included Together - San Diego, Inc. SUBMITTED BY: Director of Parks and Recreation REVIEWED BY: City ManagerfJ (4/5ths Vote: Yes X No-.J Kids Included Together - San Diego, Inc. has awarded the City, through the Parks and Recreation Department, a $7,000 grant of cash and in-kind services for support of the inclusion of children with disabilities in regular parks and recreation programs and activities. STAFF RECOMMENDATION: That the Council adopt the resolution amending the Parks and Recreation budget by accepting a cash grant of $5,000 fiom Kids Included together - San Diego, Inc. for the provision of enhanced inclusion services and that the Council accept $2,000 of in-kind services from Kids Included Together - San Diego, Inc. for additional assistance for training, outreach and support. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Parks and Recreation Department currently provides inclusion for residents with disabilities wishing to participate in programs. There has been an increase of residents requesting inclusion aide assistance. The Parks and Recreation Department provided 223 hours of inclusion for cerebral palsy, drug in-utero and autistic children this summer. The Parks and Recreation Department will use the funds, as KIT has requested, toward providing assistance to the inclusion specialist and inclusion aide support. The inclusion specialist provides outreach, trains staff and volunteers, and assists in the assessment of participants. The inclusion aide provides the hands on support necessary for the participant to be included in programs. FISCAL IMPACT: The FY 01/02 budget for the Parks and Recreation Department would be amended, appropriating $5,000 to the Therapeutics Section Budget for additional inclusion training, outreach and actual support to the participant. Attachment: Agreement with Kids Included Together, San Diego, Inc. - -------' .-----.-.- RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY2001-02 BUDGET FOR THE PARKS AND RECREATION DEPARTMENT BY APPROPRIATING $5,000 IN UNANTICIPATED REVENUE THROUGH ACCEPTANCE OF A GRANT FROM KIT (KIDS INCLUDED TOGETHER) IN THE AMOUNT OF $7,000 ($5,000 IN CASH AND $2,000 IN IN-KIND SERVICES) AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND KIDS INCLUDED TOGETHER .. SAN DIEGO, INc. WHEREAS, Kids Included Together - San Diego, Inc. has awarded the City, through the Parks and Recreation Department, a $7,000 grant of cash and in-kind services for support of the inclusion of children with disabilities in regular parks and recreation programs and activities; and WHEREAS, the Parks and Recreation Department will use the funds, as KIT has requested, toward an inclusion specialist position and to provide the necessary inclusion aide support; and WHEREAS, the inclusion specialist provides outreach, trains staff and volunteers, and assists in the assessment of participants and the inclusion aide provides the hands on support necessary for the participant to be included in programs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby amend the FY 2001-02 budget by appropriating $5,000 in unanticipated revenue through acceptance of a grant from KIT (Kids Included Together) in the amount of $7,000 ($5,000 in cash and $2,000 in in-kind services) and authorizing an agreement between the City and Kids Included Together - San Diego, Inc. Presented by Approved as to form by CL~~ Andy Campbell John M. Kaheny Director of Parks and Recreation City Attorney J.\^ttnnlcy\Resn\KII q ,--.-- - -------..,-------_. --- ........ - - ~ ... - - - - ~ ..-:. llß. òm . Kid, Included Together - <;on Diego, Inc. Kids Included Together, San Diego, Inc. Grant Award Agreement Date: August 17, 2001 To: The City of Chula Vista Parks and Recreation Dept. From: Kids Included Together-San Diego, Inc. (KIT) Re: Grant of $ 7,000 Project Name: Inclusion Specialist 1. The City of Chula Vista Parks and Recreation Dept. acknowledges receipt of a KIT grant in the amount of $7,000. It is understood that the grant includes $5,000 cash award and $2,000 in-kind award in the form of training and limited consultation from KIT Program staff. 2. The grant shall be used exclusively for the purposes identified in the agreement. Prior written notification and approval must be secured from the KIT Program Committee if your organization wishes to make any changes in the nature of the project. The KIT Program committee is requesting that $3,000 of the cash award be designated toward inclusion specialist position and $2000 be utilized to provide the necessary inclusion aide support. 3. The City of Chula Vista Parks and Recreation Dept. agrees to observe the conditions that are placed upon the use and administration of the grant by KIT, as outlined in the August 17, 2001 award notification letter and the reporting requirements. 4. The City of Chula Vista Parks and Recreation Dept. shall furnish periodic progress and evaluation reports in accordance with the KIT Reporting Requirements, including an accounting of the grant funds. 5 The City of Chula Vista Parks and Recreation Dept. agrees to have staff attend at least 4 of the 5 KIT sponsored workshops during the grant year, place and time to be announced. Additionally, KIT's Director of Site Development will be welcome to address the Board of Directors and Executive Staff for a minimum of 30 minutes, to address strategic plans to support inclusion at the organizational level. 6. The City of Chula Vista Parks and Recreation Dept. shall inform your constituency and/or the general public about receiving the grant from KIT. The City of Chula Vista Parks and Recreation Dept. shall provide KIT with a copy of all publications that mentions the KIT name and include KIT on The City of Chula Vista Parks and Recreation Dept. mailing list. 3377 Carmel Mountain Rood. C;on Diego. CA 92121' 855-794-5154' fax 558-794-5647 9-3 amoil, kitcdinc@aol.com' Non-prol'it 1.0. 33-0731365 -=--~ - - ~ ---... -- ~ ~:.. -- -- ~ .- -- - ----..-_... .----.. -... - .-...---.-- 7. The City of Chula Vista Parks and Recreation Dept. agrees to a partnership with Kids Included Together - San Diego, Inc. (KIT) to expand awareness of inclusion by providing photographs and opportunities to educate the general public. 8. The City of Chula Vista Parks and Recreation Dept. agrees to ask all families whose children have been included to complete a parent survey, provided by KIT, which shall be returned to KIT with the mid year or final report. 9. The City of Chula Vista Parks and Recreation Dept. agrees to the provisions of this agreement. Date Signed: 9/11/01 City of Chula Vista Parks & Recreation Department Corporate Name By: Title: Director. Parks & Recreation q- - - - .--^-.------. ... -.-------- 8: - - - ~ ." - - - - 18' ." - ~ z _"em Kid, Included Together - <;an Diego. Inc. August 17,2001 Ms. Kathy Wigginton Recreation Supervisor II City of Chula Vista Parks and Recreation Department 430 F Street Chula Vista, CA 91910 Dear Kathy: I am pleased to inform you that Kids Included Together ~ San Diego, Inc. (KIT), has approved a 1st year grant to The City of Chula Vista Parks & Recreation Department for supporting the inclusion of children with disabilities in regular parks and recreation programs and activities. The grant is in the amount of$7,000 of which $5,000 is a cash award and $2,000 is an in-kind award in the form of training and professional support and consultation fiom KIT staff In additon, the grant will fund one "Kids on the Block" show for your club members. Donna Sellier, Executive Director of Kids on the Block will contact you directly to schedule this program. We received a record number of good proposals this year and were also faced with a year that was below our expectations in terms of income based on the overall economy. I am sure your organization faced a similar year and we are hopeful that you will be able to adjust your budget and funding based on this year's grant award while not sacrificing the quality or level of programming for the children with disabilities and their families that you include in club activities. The total cash award of $5,000 will be made in three payments of 50% upon receipt of the signed grant agreement letter, another 40% in February 2002 will be mailed after KIT receives the mid year report, and the final payment of 10% with completion of the final report, due August 28, 2002. The first check of$2,500 will be mailed upon receipt of the signed and dated grant award agreement. The KIT program committee has requested that KIT funding be used to pay for inclusion aides. Kids Included Together realizes that organizational change is a process, one that requires leadership and strategic planning so that the inclusion of people with disabilities becomes a natural and sustainable process. We are committed to this philosophy and that is the reason we have included a workshop for the managers, executive staff and board members of our partner organizations this year. We are pleased to have Mary Shea, KIT's past Executive Director and current Director of Site Development to provide those 3377 Carmel Mountain 'Road' San Diego, CA 92121' 558-794-5154' fax 555-794-5647 emoil, kit,dine@aal.como Non'profit 1.0. 33..0731365 -=:. --.... - - ~ .. - -. Ii. .. -- .. .. -, . on site workshops for the organizations. In addition, KIT staff will provide 5 regional workshops this year for program staff and any other interested staff or volunteers fiom all of our funded programs. A training calendar will be mailed to you shortly, and you are encouraged to mark your calendars and encourage as many staff to attend as possible. This has proven to be a wonderful opportunity for providers to network and share successes and challenges of inclusion with one another and with KIT program staff. KIT is aware of the commitment made by The City ofChula Vista Parks and Recreation Department to include children with disabilities and their families in regular parks and recreation programs and activities. We are proud to be a partner in inclusion and it is with pleasure that we award a 2001 - 2002 KIT grant to The City of Chula Vista Parks and Recreation Department. We look forward to working with you this upcoming year. Please feel fiee to contact me if you have any questions or concerns. Sharon Lerner-Baron, Ph.D. Program Director Kids Included Together- San Diego, Inc. Enclosures: Grant Award Agreement Reporting Requirements Cj-(¡; - .. .-.--.. -------------- COUNCIL AGENDA STATEMENT Item 10 Meeting Date: 9/18/01 ITEM TITLE: Resolution Accepting Disadvantaged Business Enterprise Program for the period of October I, 2001 through September 30, 2002 for City of Chula Vista projects utilizing Federal Highway Administration funding SUBMITTED BY: Director of Public wort ~ REVIEWED BY: City Managp (4/Sths Vote: Yes~NoX) All local agencies receiving Federally-assisted funds fiom the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program. The Disadvantaged Business Enterprise Program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration. RECOMMENDA:'fION: That Council approve the resolution accepting the Disadvantaged Business Enterprise Program for the period of October 1,2001 through September 30, 2002 for City of Chula Vista projects utilizing Federal Highway Administration funding. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: General On December 19, 2000 ^ City Council approved Resolution No. 2000-476 accepting the Disadvantaged Business Enterprise Program for the period of October I, 2000 through September 30, 2001. The goals for the program have been revised and a new DBE liaison officer has been appointed. Some minor modifications were also made to the City's Contract boiler plate. The Disadvantaged Business Enterprise (DBE) Program is a federal program operating under the guidance ofthe United States Department of Transportation (DOT). A new Federal regulation, Title 49 Code of Federal Regulations, Part 26 (49 CFR 26), which governs the DBE Program became effective March 4, 1999. 49 CFR 26 replaces Part 23 of Title 49 of the Code of Federal Regulations as the final rule binding all local agencies DOT assisted contracts. Caltrans has been entrusted with local agency oversight responsibility for DBE implementation and shall administer the Federal-aid highway funds from Federal Highway Administration (FHW A) programs. City staff has worked closely with CAL TRANS in preparing this program. I / .- ------_.__..._~-.-_....__.._-_._- Page 2, Item A Meeting Date 9/18/01 The overall goal of the DBE Program is to ensure that contractor/consultant businesses owned and controlled by minorities, women and other socially and economically disadvantaged persons have the opportunity to bid and work on projects funded by FHW A. It is the policy ofthe City ofChula Vista to ensure that DBE's have an equal opportunity to receive and participate on DOT funded projects. It will be the DBE Programs goal to accomplish the following: I. To ensure non-discrimination in the award and administration of DOT assisted contracts; 2. To create a level playing field on which DBE's can compete fairly for DOT assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR 26 eligibility standards are permitted to participate as DBE's; 5. To help remove barriers for the participation ofDBE's in DOT assisted contracts; and 6. To assist the development of firms to compete successfully in the market place outside the DBE Program. City of Chula Vista DBE Program Overall Goal As part of the DBE Program, the City ofChula Vista is required to calculate an overall percentage of DBE participation in DOT assisted contracts. The overall goal is defined as a percentage ofDBE participation on all Federal-aid highway funds expended on FHW A assisted contracts in the forthcoming fiscal year. The City of Chula Vista's base figure was calculated to be 7.4 %. The overall goal methodology is a two-step process as described in 49 CFR 26. Step 1 is to determine a base figure percentage. The base figure was determined by researching the availability of DBE's that are ready, willing and able to participate in the Federal-aid contracting programs divided by the number of firms available in San Diego. Certified DBE's figures were determined using CAL TRANS databases. The number of all ready, willing and able firms located in the San Diego area was determined using the Census Bureau's 1999 County Business Pattern Database. Once a base percentage figure was determined, Step 2 consisted of adjusting the overall goal either up or down based on the availability ofDBE's in the local market Based on relevant upcoming City ofChula Vista DOT assisted projects and the availability ofDBE's to participate on those projects, the overall goal was adjusted up to 10.8%. Therefore, it is the City's annual goal to attain a 10.8% participation ofDBE's on the City ofChula Vista's DOT assisted contracts. In accordance with 49 CFR 26, the City of Chula Vista will include language in the contract specifications, encouraging DBE's to bid on DOT federally assisted projects in order to meet our goal of 10.8% DBE participation. Last year's overall goal was 13.4% and so far we have achieved just over 2%. /tJ .-~----_._-- Page 3, Item ~ Meeting Date 9/18/01 The 2% DBE participation resulted fiom the two transportation related projects (TF-278 & TF- 278/282) having no DBE subcontractors, due to their specialized nature, and the City's large overlay project (STL-267) having only a 2.2% DBE participation. Nicholas Grant Corp, the prime contractor on the overlay project, performed their "Good Faith Effort" per CAL TRANS procedures, contacting and requesting bids fiom qualified DBE Contractors. However, most ofthe bids that they received from DBE contractors were not competitive. Each local agency must appoint a DBE liaison officer who shall have direct independent access to the Director of Public Works concerning DBE program matters. Mario Ingrasci, Project Design and Management Section of the Engineering Division has been designated as the new DBE liaison officer and is responsible for implementing all aspects ofthe DBE program as stated in Section VI of the DBE Program. The City of Chula Vista has published a Public Notice, announcing the City of Chula Vista's proposed DBE Program and the overall annual goal for the FY 2001/2002 contracts assisted by FHW A, in general circulation media including women/minority focused media, local trade papers and the Star News. The DBE Program, proposed goals and their rational were available for inspection for thirty (30) days and the City accepted comments on the goals for forty-five (45) days from the date of the Public Notice. During the Public Notice period, no comments were made regarding the DBE Program. Title 49 CFR 26 requires the local agencies governing body to approve the DBE Program before Federal assisted projects can be utilized. FISCAL IMP ACT: The costs of managing and maintaining the DBE program will become part of the costs of Federal Highway projects and included in reimbursements from FHW A programs. Thus. there is no overall impact to the City for this program other than the initial staff costs to prepare this policy. Attachment: DBE Program FileNo. 0735-10-LY-072 BVH/MJI (HOME:\Engineer\Adgenda\DBE-A113-2002.doc; mji) August 24, 2001 - -- .---.-------.---.------.-..---.---...--- City of Chula Vista ~{ft- ~ ~-~- -- ~-- ~ ~ """- ~ ...... CITY OF CHUIA VISTA DISADVANTAGED BUSINESS ENTERPRISE (D BE) PROGRAM FOR U.S. DOT FUNDED PROJECTS Federal Fiscal Year 2001/2002 Updated July, 2001 August 1,2001 Page 1 ---- -~------- City ofChula Vista This Program is in accordance with Title 49 of the Code of Federal Regulations Part 26 DISADV ANT AGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR U.S. DOT FUNDED PROJECTS FOR THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO I. Definitions of Terms The terms used in this program have the meanings defined in 49 CFR §26.5. II. Objectives /Policy Statement (§§26.1,26.23) The City of Chula Vista has established a Disadvantaged Business Enterprise (DB E) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Chula Vista has received Federal financial assistance from the DOT, and as a condition of receiving this assistance, the City ofChula Vista will sign an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of Chula Vista to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy: To ensure nondiscrimination in the award and administration of DOT-assisted contracts; To create a level playing field on which DBEs can compete fairly for DOT- assisted contracts; To ensure that the DBE Program is narrowly tailored in accordance with applicable law; To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in DOT-assisted contracts; and To assist the development of firms that can compete successfully in the market place outside the DBE Program. Mario lngrasci, Assistant Civil Engineer, has been delegated as the DBE Liaison Officer. In that capacity, Mario Ingrasci is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Chula Vista in its financial assistance agreements with the California Department of Transportation (Caltrans). The City of Chula Vista has disseminated this policy statement to the Chula Vista City Council and all the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work for us on DOT-assisted August 1,2001 Page 2 /0 ..-......-..----- City ofChula Vista contracts by publishing this statement in general circulation, minority-focused and trade association publications. III. Nondiscrimination (§26.7) The City of Chula Vista will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the City of Chula Vista will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national ongm. IV. DBE Program Updates (§26.21) The City of Chula Vista will continue to carry out this program until the City of Chula Vista has established a new goal setting methodology or until significant changes to this DBE Program are adopted. The City of Chula Vista will provide to Caltrans a proposed overall goal and goal setting methodology and other program updates by June 1 of every year. V. Quotas (§26.43) The City of Chula Vista will not use quotas or set aside in any way in the administration of this DBE program. VI. DBE Liaison Officer (DBELO) (§26.45) The City of Chula Vista has designated the following individual as the DBE Liaison Officer: Mario Ingrasci, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 476-5382, mingrasci(ájci.chula-vista.ca.us. In that capacity, Mario Ingrasci is responsible for implementing all aspects of the DBE program and ensuring that the City of Chula Vista complies with all provisions of 49 CFR Part 26. This is available on the Internet at osdbuweb .dot. gov /main.cfm. Mario Ingrasci has direct, independent access to the Director of Public of Works, John P. Lippitt, concerning DBE program matters. Mario Ingrasci will have available from the City such administrative and legal assistance as required. The organization chart displaying the DBELO's position in the organization is found in Attachment 1 to this program. The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination other appropriate officials. Duties and responsibilities include the following: August I, 2001 Page 3 ..--'---' City of Chula Vista 1. Gathers and reports statistical data and other information as required. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set overall annual goals. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race-neutral methods and contract specific goals) and monitors results. 6. Analyzes City of Chula Vista's progress toward goal attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the City Manager and City Council on DBE matters and achievement. 9. Chairs the DBE Advisory Committee. 10. Participates with the legal counsel and project director to determine contractor compliance with good faith efforts. II. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance. 12. Plans and participates in DBE training seminars. 13. Provides outreach to DBEs and community organizations to advise them of opportunities. VII. Federal Financial Assistance Agreement Assurance (§26.13) The City of Chula Vista will sign the following assurance, applicable to all FHW A- assisted contracts and their administration as part of the program supplement agreement for each project: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE Program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE Program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.e. 3801 et seq.). VIII. DBE Financial Institutions It is the policy of the City of Chula Vista to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these August 1, 2001 Page 4 /0 - 7 --...---....-... City of Chula Vista institutions, and to encourage prime contractors on DOT-assisted contracts to make use of these institutions. Information on the availability of such institutions can be obtained from the DBE Liaison Officer. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBE Liaison Officer. IX. Directory (§26.31) The City of Chula Vista will refer interested persons to the DBE directory available from the Caltrans Disadvantaged Business Enterprise Program website at www.dot.ca.gov/hq/bep. X. Overconcentration (§26.33) The City of Chula Vista has not identified any types of work in DOT -assisted contracts that have a overconcentration of DBE participation. If in the future the City of Chula Vista identifies the need to address overconcentration, measures for addressing overconcentration will be submitted to the DLAE for approvaL XI. Business Development Programs (§26.35) The City of Chula Vista does not have a business development or mentor-protégé program. If the City of Chula Vista identifies the need for such a program in the future, the rationale for adopting such a program and a comprehensive description of it will be submitted to the DLAE for approvaL XII. Required Contract Clauses (§§26.13, 26.29) Contract Assurance The City of Chula Vista ensures that the following clause is placed in every DOT-assisted contract and subcontract: The contractor or subcontractor shall not discriminate on the basis ofrace, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate. Prompt Payment The City of Chula Vista ensures that the following clauses or equivalent will be included in each DOT -assisted prime contract: August t, 2001 Page 5 /0.. ..-. .----.--.------- City of Chula Vista Satisfactory Performance The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days fiom the receipt of each payment the prime contractor receives from the City of Chula Vista. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Chula Vista. This clause applies to both DBE and non-DBE subcontractors Release of Retainage The prime contractor agrees further to release retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Chula Vista. This clause applies to both DBE and non-DBE subcontractors. XIII. Monitoring and Enforcement Mechanisms (§26.37) The City of Chula Vista will assign a Resident Engineer (RE) or Contract Manager to monitor and track actual DBE participation through contractor and subcontractor reports of payments in accordance with the following: After Contract Award After the contract award the City of Chula Vista will review the award documents for the portion of items each DBE and first tier subcontractor will be performing and the dollar value of that work. With these documents the RE/Contract Manager will be able to determine the work to be performed by the DBEs or subcontractors listed. Pre-construction Conference A pre-construction conference will be scheduled between the RE and the contractor or their representative to discuss the work DBE subcontractors will perform. Before work can begin on a subcontract, the local agency will require the contractor to submit a completed "Subcontracting Request," Exhibit 16-B of the LAPM or equivalent. When the RE receives the completed form it will be checked for agreement of the first tier subcontractors and DBEs. The RE will not approve the request when it identifies someone other than the DBE or first tier subcontractor listed in the previously completed "Local Agency Bidder DBE Information," Exhibit 15-G. The "Subcontracting Request" will not be approved until any discrepancies are resolved. If an issue cannot be resolved at that time, or there is some other concern, the RE will require the contractor to eliminate the subcontractor in question before signing the subcontracting request. A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. August 1,200] /0 'j Page 6 ..-....._--_........ City of Chula Vista Suppliers, vendors, or manufacturers listed on the "Local Agency Bidder DBE Information" will be compared to those listed in the completed Exhibit 16-1 of the LAPM or equivalent. Either making corrections or requesting a substitution must resolve differences. Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FP A). Local agencies will require contractors to adhere to the provisions within Subletting and Subcontracting Fair Practices Act (State Law) Sections 4100-4 I 44. FP A requires the contractor to list all subcontractors in excess of one half of one percent (0.5%) of the contractor's total bid or $10,000, whichever is greater. The statute is designed to prevent bid shopping by contractors. The FP A explains that a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. The RE will give the contractor a blank Exhibit 17-F, "Final Report Utilization of Disadvantaged Business Enterprises, First Tier Subcontractors" and will explain to them that the document will be required at the end of the project, for which payment can be withheld, in conformance with the contract. Construction Contract Monitoring The RE will ensure that the RE's staff (inspectors) knows what items of work each DBE is responsible for performing. Inspectors will notify the RE immediately of apparent violations. When a firm other than the listed DBE subcontractor is found performing the work, the RE will notifY the contractor of the apparent discrepancy and potential loss of payment. Based on the contractor's response, the RE will take appropriate action: The DBE Liaison Officer will perform a preliminary investigation to identify any potential issues related to the DBE subcontractor performing a commercially useful function. Any substantive issues will be forwarded to the Caltrans Disadvantaged Business Enterprise Program. If the contractor fails to adequately explain why there is a discrepancy, payment for the work will be withheld and a letter will be sent to the contractor referencing the applicable specification violation and the required withholding of payment. If the contract requires the submittal of a monthly truck document, the contractor will be required to submit documentation to the RE showing the owner's name; California Highway Patrol CA number; and the DBE certification number of the owner of the truck for each truck used during that month for which DBE participation will be claimed. The trucks will be listed by California Highway Patrol CA number in the daily diary or on a separate piece of paper for documentation. The numbers are checked by inspectors regularly to confirm compliance. August 1, 2001 Page 7 -./ {} . -----.------------ ..- City of Chula Vista Providing evidence of DBE payment is the responsibility of the contractor. Substitution When a DBE substitution is requested, the RE/Contract Manager will request a letter from the contractor explaining why substitution is needed. The RE/Contract Manager must review the letter to be sure names and addresses are shown, dollar values are included, and reason for the request is explained. If the RE/Contract Manager agrees to the substitution, the RE/Contract Manager will notify, in writing, the DBE subcontractor regarding the proposed substitution and procedure for written objection from the DBE subcontractor in accordance with the Subletting and Subcontracting Fair Practices Act. If the contractor is not meeting the contract goal with this substitution, the contractor must provide the required good faith effort to the RE/Contract Manager for local agency consideration. If there is any doubt in the RE/Contract Manager's mind regarding the requested substitution, the RE/Contract Manager may contact the DLAE for assistance and direction. Record Keeping and Final Report Utilization of Disadvantaged Business Enterprises The contractor shall maintain records showing the name and address of each first-tier subcontractor. The records shall also show: 1. The name and business address, regardless of tier, of every DBE subcontractor, DBE vendor of materials and DBE trucking company. 2. The date of payment and the total dollar figure paid to each of the firms. 3. The DBE prime contractor shall also show the date of work performed by their own forces along with the corresponding dollar value of the work claimed toward DBE goals. When a contract has been completed the contractor will provide a summary of the records stated above. The DBE utilization information will be documented on Exhibit 17-F and will be submitted to the DLAE attached to the Report of Expenditures. The RE will compare the completed Exhibit 17-F to the contractor's completed Exhibit 15-G and, if applicable, to the completed Exhibit 16-8. The DBEs shown on the completed Exhibit 17 - F should be the same as those originally listed unless an authorized substitution was allowed, or the contractor used more DBEs and they were added. The dollar amount should reflect any changes made in planned work done by the DBE. The contractor will be required to explain in writing why the names of the subcontractors, the work items or dollar figures are different from what was originally shown on the completed Exhibit 15- G when: . There have been no changes made by the RE. . The contractor has not provided a sufficient explanation in the comments section of the completed Exhibit 17-F. August 1,2001 Page 8 .---.-----. ----...- City of Chula Vista The explanation will be attached to the completed Exhibit 17-F for submittal. The RE will file this in the project records. The local agency's Liaison Officer will keep track of the DBE certification status on the Internet at www.dot.ca.gov/hq/bep and keep the RE informed of changes that affect the contract. The RE will require the contractor to act in accordance with existing contractual commitments regardless of decertification. The DLAE will use the PS&E checklist to monitor the City of Chula Vista's commitment to require bidders list information to be submitted to the City of Chula Vista from the awarded prime and subcontractors as a means to develop a bidders list. This monitoring will only take place if the bidders list information is required to be submitted as stipulated in the special provisions. The City of Chula Vista will bring to the attention of the DOT through the DLAE any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in §26.1O9. The City of Chula Vista also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. XIV. Overall Goals (§26.45) Amount of Goal The City of Chula Vista's overall goal for the Federal fiscal year FY 2001/2002 is the following: 10.8% of the Federal financial assistance in FHW A-assisted contracts. This overall goal is broken down into 8.1 < race-conscious and 2.7" race-neutral components. Methodology The methodology followed in setting the overall goal is enclosed as Attachment 2. Process Starting with the Federal fiscal year 2002, the amount of overall goal, the method to calculate the goal, and the breakout of estimated race-neutral and race-conscious participation will be required annually by June 1 in advance of the Federal fiscal year beginning October 1 for FHW A-assisted contracts. Submittals will be to the Caltrans' DLAE. An exception to this will be if FT A or FAA recipients are required by FT A or FAA to submit the annual information to them or a designee by another date. FHWA recipients will follow this process: Once the DLAE has responded with preliminary comments and the comments have been incorporated into the draft overall goal information, the City of Chula Vista will publish a August t, 2001 Page 9 /0 ....-----.. -----..---. -- City of Chula Vista notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the City of Chula Vista's principal office for 30 days following the date of the notice, and informing the public that the City of Chula Vista comments will be accepted on the goals for 45 days following the date of the notice. Advertisements in newspapers, minority focus media, trade publications, and websites will be the normal media to accomplish this effort. The notice will include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. The overall goal resubmission to the Caltrans DLAE, will include a summary of information and comments received during this public participation process and the City of Chula Vista's responses. This will be due by September 1 to the Caltrans DLAE. The DLAE will have a month to make a final review so the City of Chula Vista may begin using the overall goal on October 1 of each year. XV. Contract Goals (§26.5I) The City of Chula Vista will use contract goals to meet any portion of the overall goal. The City of Chula Vista does not project being able to meet by the use of race-neutral means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the overall goal that is not projected to be met through the use of race-neutral means. Contract goals will be established only on those DOT-assisted contracts that have subcontracting possibilities. Contract goals need not be established on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work). The contract work items will be compared with eligible DBE contractors willing to work on the project. A determination will also be made to decide which items are likely to be performed by the prime contractor and which ones are likely to be performed by the subcontractor(s). The goal will then be incorporated into the contract documents. Contract goals will be expressed as a percentage of the total amount of a DOT -assisted contract. XVI. Transit Vehicle Manufacturers (§26.49) If DOT-assisted contracts will include transit vehicle procurements, the City of Chula Vista will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on transit vehicle procurements, to certify that it has complied with the requirements of 49 CFR Part 26, Section 49. The City of Chula Vista will direct the transit vehicle manufacturer to the subject requirements located on the Internet at http://osdbuweb.dot.gov/programs/dbe/dbe.htm. XVII. Good Faith Efforts (§26.53) Information to be Submitted August 1, 2001 Page 10 /cJ -,---------_. --- City ofChula Vista The City of Chula Vista treats bidders'/offerors' compliance with good faith effort requirements as a matter of responsiveness. A responsive proposal is meeting all the requirements of the advertisement and solicitation. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information to the City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 no later than 4:00 p.m. on or before the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening: 1. The names and addresses of known DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform: 3. The dollar amount of the participation of each DBE firm participation 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; , 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts. Demonstration of Good Faith Efforts The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. The following personnel are responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: Mario Ingrasci, Project Design and Management. The City of Chula Vista will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before a commitment to the performance ofthe contract by the bidder/offeror is made. Administrative Reconsideration Within 10 days of being informed by the City of Chula Vista that it is not responsive because it has not documented sufficient good tàith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official: John P. Lippitt, Director of Public Works. The reconsideration official will not have played any role in the original determination that the bidder/offeror did not make document sufficient good faith efforts. As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the reconsideration official to discuss the issue of whether it met August I, 2001 Page 11 /ð . '--"'---'---" -----, -.---.---.-- City ofChula Vista the goal or made adequate good faith efforts to do. The City of Chula Vista will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to Caltrans, FHW A or the DOT. Good Faith Efforts when a DBE is Replaced on a Contract The City of Chula Vista will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The prime contractor is required to notify the RE immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, the prime contractor will be required to obtain the City of Chula Vista prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, the City of Chula Vista contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. XVIII. Counting DBE Participation (§26.55) The City of Chula Vista will count DBE participation toward overall and contract goals as provided in the contract specifications for the prime contractor, subcontractor, joint venture partner with prime or subcontractor, or vendor of material or supplies. XIX. Certification (§26.83(a)) The City of Chula Vista ensures that only DBE firms currently certified on the Caltrans' directory will participate as DBEs in our program. XX. Information Collection and Reporting Bidders List The City of Chula Vista will create and maintain a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on its DOT-assisted contracts. The bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms. Monitoring Payments to DBEs Prime contractors are required to maintain records and documents of payments to DBEs for three years following the performance of the contract. The contractor will make these August 1,2001 Page 12 /0 -.,-----.-- City of Chula Vista records available for inspection upon request by any authorized representative of the City of Chula Vista, CaItrans or FHWA. This reporting requirement also extends to any certified DBE subcontractor. Payments to DBE subcontractors will be reviewed by the City of Chula Vista to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. Reporting to CaItrans The City of Chula Vista - Final utilization of DBE participation will be reported to the DLAE using Exhibit 17-F of the CaItrans' LAPM. Confidentiality The City of Chula Vista will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local laws. John P. Lippitt, Director of Public Works Date: This Disadvantaged Business Enterprises Program is accepted by: Gary L. Vettese, P.E., District Local Assistance Engineer Date: mji/bvh May 29, 2001 (C:\Dbe-OOI-02 Program\dbeprogram2002.doc) -Page 13 /0 ......-.--- - ---- ----- ~~f? :--- ~ --: ....... -.::... --' "'" ~~::;:-~ CllY OF CHULA VISTA ATTACHMENT 1 CITY OF CHULA VISTA ORGANIZATIONAL CHART John P. Lippitt, Director of Public Works---+ l Clifford L Swanson, City Engineer/Deputy Director of Public Works---+ Samir Nuhaily, Senior Civil Engineer---+ James Holmes, Civil Engineer ---+ Greg Tscherch, EEO Officer Roberto Solorzano, Labor Compliance Officer Merce LeClair, Admin Office Specialist Mario Ingrasci, DBE Liaison Officer (C:\Dbc.C\O 1-02 Program\ATT ACIIMENT I. doc) /0-17 - ---~.-._-._._- .~--_. ----- ATTACHMENT 2 DISADVANTAGED BUSINESS PROGRAM (DBE) FOR U.S. DOT FUNDED PROJECTS FOR THE CITY OF CHULA VISTA METHODOLOGY FY: 01102 1. The number of available and willing DBE's in the San Diego area was obtained by modifying the Region's Base Figure Data, that was prepared by SANDAG ITom the CALTRANS' database and the total number of available and willing finns located in the San Diego County area that was obtained from the 1999 Census Bureau's County Business Pattern Database. The list (Exhibit "C") includes all Work Category Codes (WCC) codes for which DBE finns are certified and their associated North American Industry Classification Systems (NAICS) Codes, fonnally known as Standard Industry Codes (SIC), used for the census data. See "DBE Classifications" (Exhibit "B") for codes used in Chula Vista. This list includes only those classifications, which were likely to be used on City of Chula Vista DOT assisted projects. 2. Step 1: Overall Goal Calculation (BASE FIGURE/DBE AVAILABILITY) Per our query of the CAL TRANS' database (Exhibit "C"), there are 207 available DBE Finns that can perform various types of work likely to be used on City ofChula Vista DOT assisted pcoj"cts and per the "1999 Census Report Summary" (Exhibit "D"), there are 6,515 total finns in San Diego available to perform the same work. This yields an initial Base Figure 00.2%. 207 Available DBE Finns /6,515 Available Finns in San Diego ~ 3.18% However, due to DBE Firms performing work in many different SIC/WCC codes, in several different NAICS codes, and in various Work Categories, resulting in many duplications of many finns, the DBE availability can be shown in several ways. Several of the exhibits break down the DBE's into all the various codes and categories, and availabilities. For example of the 207 total DBE Finns, 71 work in Construction, 124 perform Professional & Technical Services and 57 have Specialty Trades for a total of 252 DBE's (includes 45 finns in more than one Category). This results in 3.87% availability, (252 DBE Finns divided by the 6,515). Comparing the available DBE's in each WCC work group to the number of firms available within the comparable NAICS Code and averaging them out would result in an unrealistically high percentage due to the 670 duplications ofDBE's (Exhibit "C"). DBE finn availability within each NAICS Code is shown in report (Exhibit "f'). A more realistic DBE availability percentage would be calculated comparing the total number of DBE's within each NAICS code against the total number of firms within that same NAICS Code. Our revised Base Figure is 7.40%. (482 DBE Finns divided by 6,515 total finns, based on summaries for each NAICS code) 3. Past Performance - (See Table "DBE Participation in Federally Assisted Projects" (Exhibit "A") The DBE participation rate for DOT funded projects during the last fiscal year, FY-OO/OI, was calculated and set at 13.4%. One DOT assisted project, a major Pavement Rehabilitation project, was awarded in May 2001 for $5.6 million and has a DBE participation of 2.2%. Two other DOT assisted Traffic projects are in the process of being awarded. Both have a DBE participation goal of zero. During the prior three fiscal years (FY-97/98; 98/99; 99/00) the goal was set at 15%. This figure was adopted in previous based on CALTRANS recommendation. This figure was not based on any (C:IDbe-CIOI-O2 Programldbcmethodology2002.doc; mil) Page I of2 . ----'---'-'-- "- calculation or participation of DBE Finns in previous federally assisted funded projects. During this period the City ofChula Vista had two DOT assisted projects totaling $477,727.34 with an average DBE participation of 13.1 %. A Traffic Signal Modification project for $191,280.00 had no DBE participation. The other project, "The Beautification of the MTDB Right of Way", had 21.8 % DBE participation. 4. Step 2: Overall Goal Adjustment Based on cost estimates of upcoming City of Chula Vista Projects, the overall goal was adjusted up to 10.8%. For the period of October 1,2001 to September 30, 2002, the City of Chula Vista expects to construct three (3) DOT assisted projects. Based on the availability of DBE's for each type of work (Shown on Exhibit "F") on each project, a percentage of DBE participation was calculated for each project. Due to their very Specialized Nature, the Traffic/Transportation related improvement projects (using CMAC Funding) have a DBE Participation Goal of 0%. Normally, a single contractor will construct one of the City's traffic signal projects without using any sub-contractors. We will encourage the use of DBE's, however; we do not expect there will be many, if any, sub-contractors on theses projects. This averages out to 8.1 %; however, we will use race-neutral methods to increase this to 10.8%. See the Table below. Project Project Name Projected Contract DBE % of % of Goal No. Amount Amount Award Contract ST-922 Palomar Street Improvements $1,800,000 $1,800,000 $194,000 10.8% 100% TF-283 Traffic Signal Upgrade Modifications $112,000 $112,000 $0 0.0% 0.0% Traffic Signal Communication Links - TF-290 (Cy & CAL TRANS Signals) $470,000 $470,000 $0 0.0% 0.0% Totals $2,382,000 $2,382,000 $194,000 8.14% 100% 5. Of the overall annual goal of 10.8% for DBE participation, the City of Chula Vista projects obtaining 2.7% of the goal utilizing race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBE's and other small businesses; unbundling large contracts to make them more accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance and other services to facilitate consideration of DBEs and others small businesses. The remaining 8.1% of the goal is to be accomplished through race-conscious measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City of Chula Vista's overall annual DBE goal. 6. In conformance with Public Participation Regulatory requirements of 49 CFR Part 26.45 and CALTRANS Local Assistance Procedures Manual (LAPM), Chapter 9, this goal analysis has been reviewed with minority, women, local business chambers, community organizations, and other U.S. DOT recipients. These entities are knowledgeable about the availability of disadvantaged and non-disadvantaged businesses and the effects of discrimination on contracting opportunities for DBE's within the Authority's marketplace. Additionally, the City of Chula Vista has published a Public Note in general circulation media, announcing the City of Chula Vista proposed overall annual goals for the FY 2001/2002 contracts assisted by FHW A. Such Notice informed the public that the proposed goals and their rational were available for inspection at the City of Chula Vista during normal business hours for 30 days following the date of the Public Notice and, that the City of Chula Vista and FHW A will accept comments on the goals for 45 days from the date of the Public Notice. The required public participation provisions will be fully satisfied prior to submitting the City of Chula Vista's DBE Program and Overall Annual DBE Goal for Final Review and Approval. (ClDhc-C\O 1-02 Program\dbcmcthodology2002.doc; mjh Poge2of2 --'--' '---~"--' ---- EXHIBIT "A" CITY OF CHULA VISTA DBE Participation in Federally Assisted Projects Chula Vista's Proposed Overall DBE Goal (FY - 01102) = 10.8% (Begins 10-01-01) COMPLETED PROJECTS (Chula Vista's Overall DBE Goal = 15%) (FY - 98/99, 99/00, 00/01) Overall City Contract DBE % of proj No. Project Name Goal Amount Award Contract Actual % MTDB Right of Way Beautification LD-106 Project - (07-25-00) 15% $286,447.34 $62,400.00 21.8% (Vanflng) Traffic Signal Modifications at Various TF-234 Locations - (07-25-00) 15% $191,280.00 $0.00 0.0% 0.0% OVERALL PARTICIPATION $477,727.34 $62,400.00 13.1% FY. 00101 - (Oct 2000. Oct 2001) (Chula Vista's Current Overall DBE Goal (FY - 00/01) = 13,4%) Projected Goal (%)/ Contract DBE % of Proj No. Project Name Amount Amount ($) Amount Award Contract Actual % Citywide Overlay 14.3%/ STL-267 Proiect - (04-24-01) $6,000,000 $858,000 $5,472,000 $118,440 2.2% Traffic Signal System Update to 0%/ TF.237 Adaotive Svstem - 15/29/01) . $877,000 $0.00 $328,538 $0 0.0% Protective/PennissiveTraffic Signal 7.7%/ .. TF- 278/282 Modifications at 12 Locations $313,816 $24,163.83 $270,003 $0 0.0% Totals $7,190,816 $6,070,541 $118,440 2.0% . Other Phases to be awarded at a later date. ,. Changed Goal to 0% after Design was compieted. (Scope of work did not include work likely to be done by DBE) FUTURE PROJECTS. (FY - 01/02) Projected Goal (%)/ Contract DBE % of Proj No. Project Name Amount Amount ($) Amount Award Contract Actual % 10.8%/ ST-922 Palomar Street Imorovements $1,800,000 $194,000 $1,800,000 $194,000 10.8% 0%/ .. TF-283 Traffic Sinnal Unnrade Modifcations $112,000 $0.00 $112,000 $0 0.0% Traffic Signal Communication Links - 0%/ .. TF-290 (CV. & CalTrans Signais) $470,000 $0.00 $470,000 $0 0.0% Totals $2,382,000 $2,382,000 $194,000 8.14% ,. Changed Goal to 0% after Design was completed. (Scope of work did not include work likely to be done by DBE) (Prlor-FulureGoaIAtlalnxls,2001.2002; mil) 8/28/01 /0 -,;:{ 0 DBE Classifications For Chula Vista EXHIBIT "B" Category WCCcodes Name NAICS Discription Construction CO620 LANDSCAPING & NURSERY. SUPPLIERS 56173 Landscaping CO651 CONCRETE & CEMENT - SUPPLIERS 32731 Concrete and Cement CO670 PIPE - SUPPLIERS 32612 Pipes CO6B5 PAVEMENT MARKERS - SUPPLIERS 23521 Painting, Traffic Marki CO69B BUILDING MATERIAL - SUPPLIERS 44419 Building Matr Deaiers C1522 RESET, ADJUST ROADWAY ITEMS 23411 Highway & Street Con C1531 PLANE ASPHALT CONCRETE 23411 Highway & Street Con C1601 CLEARING & GRUBBING 23411 Highway & Street Con C1701 DEVELOP WATER SUPPLY 23491 Pipeline Const C1901 ROADWAY EXCAVATION 23593 Grading C1910 GRADING 23593 Grading C1920 STRUCTURE EXCAVATION 23593 Grading C1925 SHAPED BEDDING 23593 Grading C1930 STRUCTURE BACKFILL 23593 Grading C1940 DITCHES EXCAVATION 23593 Gradin9 C1970 EMBANKMENT CONSTRUCTION 23593 Grading C19BO IMPORTED BORROW 23593 Grading C2000 HIGHWAY PLANTING 23593 Grading C2020 SOIL AMENDMENTS 23593 Grading C2021 HYDROSEEDiNG 23593 Grading C2030 EROSION CONTROL 23593 Grading C2201 FINISHING ROADWAY 23411 Highway & Street Con C2401 LIME TREATMENT 23411 Highway & Street Con C2501 AGGREGATE SUBBASE 23411 Highway & Street Con C2602 AGGREGATE BASE 23411 Highway & Street Con C2700 CEMENT TREATED BASE 23411 Highway & Street Con C3600 PENETRATION TREATMENT & PRIME COAT 23411 Highway & Street Con C3701 SEAL COAT 23411 Highway & Street Con C3901 ASPHALT CONCRETE 23411 Highway & Street Con C3910 PAVING ASPHALT (ASPHALT CONCRETE) 23411 Highway & Street Con C3930 PAVEMENT REINFORCING FABRiC 23411 Highway & Street Can C3940 PLACE ASPHALT CONCRETE DIKE & MISC 23411 Highway & Street Con C6200 ALTERNATIVE PIPE CULVERT 23491 Pipeline Const C6650 CORRUGATED METAL PIPE (CSP) 23491 Pipeline Const C66BO JACKED CORRUGATED STEEL PIPE 23491 Pipeline Canst C6700 STRUCTURAL STEEL PLATE PIPE, ARCH & PIPE A 23491 Pipeline Const O~U C6BOO SUBSURFACE DRAIN 23491 Pipeline Const C6B11 EDGE DRAIN 23499 Ali other Const C6B15 HORIZONTAL DRAIN 23499 All other Canst Friday, July 27, 2001 EXHIBIT B Page I of3 /0 - ..< / DBE Classifications For Chula Vista EXHIBIT "B" Category WCCcodes Name NAICS Discription C6819 FILTER FABRIC 23499 All other Const C6900 DOWNDRAIN 23491 Pipeline Const C7000 PLASTIC PIPE 23491 Pipeline Const C7006 CORRUGATED STEEL PIPE INLET & RISER 23491 Pipeline Const C7026 CORRUGATED STEEL PIPE ENERGY DISSIPATOR 23491 Pipeline Const C7035 WELDED STEEL PIPE 23491 Pipeline Const C7112 REINFORCED CONCRETE SEWER PIPE 23491 Pipeline Const C7200 ROCK SLOPE PROTECTION 23499 All other Const C7215 CONCRETED-ROCK SLOPE PROTECTION 23493 All other Const C8406 PAINTED TRAFFIC STRIPE & MARKING 23521 Painting, Traffic Marki C8501 PAVEMENT MARKING 23521 Painting, Traffic Marki C8750 REAL ESTATE 53139 Real Estate Services C9602 BOTTOM DUMP TRUCKING 48411 Trucking C9605 FLAT BED TRUCKING 48411 Trucking C9670 TRUCK RENTAL 53212 TruckRental C9771 TRUCK BROKER 53212 TruckRental C9774 TRUCKER 48411 Trucking C9872 SEWER CONNECTION 23491 Pipeline Const C9907 CONSTRUCTION EQUIPMENT RENTAL 53212 TruckRental C9908 HEAVY EQUIPMENT RENTAL 53212 TruckRental Professional & Technical Services CO700 CONSTRUCTION STAKING 54137 Survey C8101 SURVEY OR HISTORICAL MONUMENT 54137 Survey C8201 OBJECT MARKER 54137 Survey C8609 TRAFFIC COUNT STATION 54133 Engin C8610 SPEED MONITORING STATION 54133 Engin C8611 RAMP METERING SYSTEM 54133 Engin C8700 CONSULTANT (ALL TYPES) 54169 Prof Consultant C8701 BUSINESS ADMINISTRATION 54161 Manage Consult C8702 MANAGEMENT INFORMATION SYSTEMS 54151 Computer C8703 TRAFFIC ENGINEER 54133 Engin C8704 ARCHITECTURAL CONSULTANT 54131 Arcl1 C8705 DESIGN CONSULTANT 54133 Engin C8706 DESIGN BRIDGES 54133 Engin C8707 FEASIBILITY STUDIES 54133 Engin C8710 ENGINEERING CONSULTANT 54133 Engin C8711 COMPUTER CONSULTANT 54151 Computer C8712 PUBLIC RELATIONS 54161 Manage Consult C8716 ARCHITECTURAL ENGINEER 54131 Arch C8720 CIVIL ENGINEERING 54133 Engin Friday, Ju(v 17,1001 EXHIBIT B Pagelof3 /0 . .... . ....----..-.. . -.-- ..-- DBE Classifications For Chula Vista EXHIBIT "B" Category WCCcodes Name NAICS Discription C8721 RIGHT OF WAY ENGINEER 54133 Engin C8722 ENVIRONMENTAL ENGINEER 54162 Environmental C8740 ELECTRICAL ENGINEERS 54133 Engin C8760 SURVEYOR 54137 Survey C8765 DRAFTING 54134 Drafting C8ll0 CONSTRUCTION MANAGEMENT 54161 Manage Consult C9826 LAND SURVEYING 54137 Survey Soecialitv Trades CO652 REINFORCING BAR SECTION - SUPPLIERS 23591 Structural steel CO655 STEEL - SUPPLIERS 23591 Structural steel CO683 GUARD RAILINGS & BARRIERS. SUPPLIERS 23571 Concrete Contr CO686 ELECTRICAL & SIGNALS - SUPPLIERS 33512 LIghting Fixtures C1200 CONSTRUCTION AREA SIGNS 23531 Electrical Contr C1201 TRAFFIC CONTROL SYSTEM 23531 Electrical Contr C2800 CONCRETE BASE 23571 Concrete Contr C5100 CONCRETE STRUCTURE 23571 Concrete Contr C5105 MINOR CONCRETE STRUCTURE 23571 Concrete Contr C5110 CONCRETE SURFACE FINISH 23571 Concrete Contr C5135 CONCRETE BLOCK & MASONRY RETAINING WALL 23571 Concrete Contr C5136 REINFORCED CONCRETE CRIB WALL 23571 Concrete Contr C5201 REINFORCING STEEL 23591 Structural steel C5301 AIR-BLOWN MORTAR 23571 Concrete Contr C5501 STEEL STRUCTURES 23591 Structural steel C5601 SIGN STRUCTURE 23591 Structural steel C6301 CAST-iN-PLACE CONCRETE PIPE 23571 Concrete Contr C6401 ASBESTOS-CEMENT PIPE 23571 Concrete Contr C6500 REINFORCED CONCRETE PIPE 23571 Concrete Contr C6552 JACKED REiNFORCED CONCRETE PIPE 23571 Concrete Contr C7194 JUNCTION CHAMBER 23571 Concrete Contr C7250 SACKED CONCRETE 23571 Concrete Contr C7301 CONCRETE CURB & SIDEWALK - MISC 23571 Concrete Contr C8602 SIGNAL & LIGHTING 23531 Electrical Contr C8603 SIGNAL 23531 Electrical Contr C8604 LIGHTING 23531 Electrical Contr C8605 MESSAGE SIGNS, LIGHTING & SIGN ILLUMINATIO 23531 Electrical Contr " C8608 DETECTOR 23531 Electrical Contr C9829 RETAINER WALLS 23541 Masonary, Walls C9842 MASONRY 23541 Masonary. Walls C9980 DEMOLITION 23594 Demolition Friday, Ju(V 27, 200/ EXHIBIT B PageJafJ /0 -o{j ----..----.- - All DBE's - San Diego Region EXHIBIT "c" WCCcodes WCC Definition NaicsCV WCCcodes WCC Definition NaicsCV A AND T ELECTRIC SAN DIEGO 1 ARCHULETA CONCRETE CONSTRUCTIO BERMUDA DUNES ca603 SIGNAL SpedO"ly 23531 564 C7301 CONCRETE CURB & SIDEWALK - M~pec'oUly 23571 ca605 MESSAGE SIGNS, LIGHTING & SIG Spe"o",y 23531 564 C2800 CONCRETE BASE spec""" 23571 C8602 SIGNAL & LIGHTING Spedo,,~ 23531 564 C5105 MINOR CONCRETE STRUCTURE Spec""" 23571 C8604 LIGHTING Spedomy 23531 564 ARMTECH SAN DIEGO ACDlKECO LINCOLN 2 C8700 CONSULTANT Prof.",o 54169 C1980 IMPORTED BORROW Coo"ru'" 23593 116 ARTEFACT DESIGN CARDIFF C3901 ASPHALT CONCRETE Co",lo"U 23411 94 - C8705 DESIGN Prof""o 54133 C3940 PLACE ASPHALT CONCRETE DIKE Co",",," 23411 94 --on . C1930 STRUCTURE BACKFILL Co",I,",U 23593 116 BAKER'S PORTABLE WELDING SAN DIEGO C2602 AGGREGATE BASE Co",""'" 23411 94 C6680 JACKED CORRUGATED STEEL PlpCoo",",U 23491 C3910 PAVING ASPHALT (ASPHALT CONa:oo","~' 23411 94 C5501 STEEL STRUCTURES Spec'oUly 23591 C1920 STRUCTURE EXCAVATION Co","'~, 23593 116 C5201 REINFORCING STEEL Spec""ly 23591 C1940 DITCHES EXCAVATION Coo"ruct, 23593 116 C7035 WELDED STEEL PIPE Coo"'Oct, 23491 - -nn _~__~_n _n - - ---oo---- C6700 STRUCTURAL STEEL PLATE PIPE, Coo"'Oct, 23491 ABLE 2 BARRICADE, INC NORTH PALM SPRIN 3 C6650 CORRUGATED METAL PIPE (CSP) Coo"'Oct, 23491 C1201 TRAFFIC CONTROL SYSTEM Spec'o"ly 23531 564 C7006 CORRUGATED STEEL PIPE INLET /Çon,I'Oct' 23491 C1200 CONSTRUCTION AREA SIGNS Spec""~ 23531 564 - - ___n- - . --------- ----- C0685 PAVEMENT MARKERS Co",lru,U 23521 417 BAY CITY MARINE,INC NATIONAL CITY Ai3liRio r.iARíiliè iii iNDUSTRIAL SUPPL SAN DIEGO C8700 CONSULTANT P,of."" 54169 4 n --- - - - u -- C0670 PIPE Co",""'" 32612 11 BENDIX CONTRACTING CORPORATION SAN DIEGO C0651 CONCRETE & CEMENT co"""ct, 32731 46 C8605 MESSAGE SIGNS, LIGHTING & SIG Sp""""y 23531 CO698 BUILDING MATERIAL Co",",~, 44419 237 C8602 SIGNAL & LIGHTING spe",my 23531 ----------- --------------- - - - - ACCURATE ENGINEERING SAN DIEGO 5 BERGGREN AND ASSOCIATES SAN DIEGO C1701 DEVELOP WATER SUPPLY Coo"'Oct, 23491 42 C8721 RIGHT OF WAY ENGINEER P,of.",o 54133 ---~--- -.- ~. -- C8760 SURVEYOR Prof.",o 54137 ACME SAFETY & SUPPLY CO, LLC SAN DIEGO 6 C9826 LAND SURVEYING P,of,,"o 54137 C0685 PAVEMENT MARKERS Co","",I, 23521 417 C0700 CONSTRUCTION STAKING Prof""o 54137 C1201 TRAFFIC CONTROL SYSTEM Spe,'o"l, 23531 564 C1200 CONSTRUCTION AREA SIGNS Spec""ly 23531 564 BERNARD JOHNSON GROUP, THE SAN DIEGO - - u_-------- C8700 CONSULTANT Prof.",o 54169 ACTION VALVE & FITTING, INC CHULA VISTA 7 C8750 REAL ESTATE COO"'"~' 53139 C0670 PIPE COO"'"ct, 32612 11 C8707 FEASIBILITY STUDIES P,of""o 54133 AGUIRRE ENGINEERING, INC. LA MESA B BERT W SALAS, INC SANTEE C8720 CIVIL ENGINEERING Prof.",o 54133 860 C1910 GRADING Co",""," 23593 ALLIED GEOTECHNICAL ENGINEERS, IN SANTEE 9 C1930 STRUCTURE BACKFILL Coo","", 23593 C8722 ENVIRONMENTAL ENGINEER Prof.",o 54162 79 C1920 STRUCTURE EXCAVATION Coo"'Oct, 23593 C8700 CONSULTANT P,of.",o 54169 205 C7006 CORRUGATED STEEL PIPE INLET /ÇO",I'O~' 23491 C8710 ENGINEERING P,of.",o 54133 860 C6650 CORRUGATED METAL PIPE (CSP) Co",lru," 23491 AMERI.MEX PLUMBING, INC. CHULA VISTA 10 C1940 DITCHES EXCAVATION CO"","", 23593 C1701 DEVELOP WATER SUPPLY Co","",U 23491 42 C6900 DOWNDRAIN Co",I'O'" 23491 Co",I,",U 23491 42 C7000 PLASTIC PIPE Co",I'Oct, 23491 C9872 SEWER CONNECTION CO""'"'U 42 C1601 CLEARING & GRUBBING Coo"'O,,, 23411 C7000 PLASTIC PIPE 23491 - --- -- --- C6200 ALTERNATIVE PIPE CULVERT Co",""" 23491 - - - SAN DIEGO 11 APEX GEOTECHNOLOGY, INC C5100 CONCRETE STRUCTURE SP""U~ 23571 C8700 CONSULTANT Prof""o 54169 205 C1901 ROADWAY EXCAVATION CoO","CU 23593 C8770 CONSTRUCTION MANAGEMENT Professio 54161 734 C7200 ROCK SLOPE PROTECTION Co",lrucli 23499 C8710 ENGINEERING P,of""o 54133 860 C6700 STRUCTURAL STEEL PLATE PIPE, Co"","cli 23491 C8705 DESIGN P,of.",o 54133 860 C7215 CONCRETED-ROCK SLOPE PROTECon'l,"cli 23499 Ca720 CIVIL ENGINEERING Prof""o 54133 860 C6500 REINFORCED CONCRETE PIPE Specio"~ 23571 - -- - - - - - ---- -- - 12 ------------ - ----_._~---- --- ARCHITECTURAL SIGNS & GRAPHICS,I SAN DIEGO BILL YEN & ASSOCIATES, INC SAN DIEGO C5601 SIGN STRUCTURE Spe,""'y 23591 54 C8710 ENGINEERING P,of",io 54133 C8605 MESSAGE SIGNS, LIGHTING & SIG SP"""~ 23531 564 C8720 CIVIL ENGINEERING P,of""o 54133 C8705 DESIGN P,of,,"o 54133 860 C8711 COMPUTER P,of""o 54151 1 C8705 DESIGN Prof.",o 54133 C8700 CONSULTANT P,of.",o 54169 C8760 SURVEYOR Pro""'o 54137 Friday July 171001 (Query'l Total DBE's) /0 -- ;ç 1- Pagelo!ll Exhibit C .-.---- --.- -.------ All DBE's - San Diego Region EXHIBIT "c" WCCc(Jdes WCC Definiti(Jn NaicsCV WCCcodes WCC Definition NaicsCV BLUE FEATHER MANAGEMENT SAN DIEGO 23 CANTARINI TRACTOR FALLBROOK C8700 CONSULTANT P""e",o 54169 205 C9774 TRUCKER eon,l"d, 48411 24 C1940 DITCHES EXCAVATION Coo,"", 23593 BREAKWATER CONSTRUCTION RAMONA C2602 AGGREGATE BASE Coo"",b 23411 C5135 CONCRETE BLOCK & MASONRY R~pec'ab~ 23571 254 Pco"=o 54161 734 C7215 CONCRETED-ROCK SLOPE PROTECoo'I,,", 23499 C8701 BUSINESS ADMINISTRATION C9980 DEMOLITION Spectably 23594 C5136 REINFORCED CONCRETE CRIB WA"¡>edab~ 23571 254 C1601 CLEARING & GRUBBING Coo"",li 23411 C9829 RETAINER WALLS Speolab~ 23541 141 C9602 BOTTOM DUMP TRUCKING Co",I"'¡ 48411 C8700 CONSULTANT Pcofe",o 54169 205 C2501 AGGREGATE SUBBASE- CO",I"'" 23411 C8711 COMPUTER PlOfe"io 54151 1030 C1980 IMPORTED BORROW Co",I"'¡ 23593 C5105 MINOR CONCRETE STRUCTURE Spe"ahOy 23571 254 C9771 TRUCK BROKER Co",I"," 53212 C5100 CONCRETE STRUCTURE Spe"a'Hy 23571 254 C1901 ROADWAY EXCAVATION Co",I"'li 23593 C5110 CONCRETE SURFACE FINISH Spec'ably 23571 254 C2030 EROSION CONTROL Co",'"di 23593 C7301 CONCRETE CURB & SIDEWALK - Mßpec,ab'y 23571 254 Co",""'i C7200 ROCK SLOPE PROTECTION 23499 BURNS AND SONS TRUCKING, INC SPRING VALLEY 25 C9908 HEAVY EQUIPMENT RENTAL Co",I"'I' 53212 C9907 CONSTRUCTION EQUIPMENT RENlOoo,I"," 53212 43 C1910 GRADING Coo"",¡ 23593 C9774 TRUCKER Co",l"di 48411 118 C1970 , EMBANKMENT CONSTRUCTION Co",""li 23593 C9908 HEAVY EQUIPMENT RENTAL Co",I"d, 53212 43 CATS EXCAVATING, INC SAN DIEGO C & LCONSrRUCTION, INC ALPINE 26 C1970 EMBANKMENT CONSTRUCTION Co",I"'li 23593 C700D PLASTIC PIPE Coo""di 23491 42 C1601 CLEARING & GRUBBING Coo"",li 23411 C7035 WELDED STEEL PIPE Coo,I"di 23491 42 C1910 GRADING Co",I"," 23593 C9980 DEMOLITION Spec,ab'y 23594 14 C1930 STRUCTURE BACKFILL Coo""di 23593 C7026 CORRUGATED STEEL PIPE ENERGOO",I"di 23491 42 C3901 ASPHALT CONCRETE Co",I"'li 23411 C7194 JUNCTION CHAMBER SpeciahOy 23571 254 C3910 PAVING ASPHALT (ASPHALT CONC¡:O",I",¡ 23411 C7006 CORRUGATED STEEL PIPE INLET ¡¡;O",I"'li 23491 42 C1980 IMPORTED BORROW Co",I"'li 23593 C7112 REINFORCED CONCRETE SEWER Co","," 23491 42 C1920 STRUCTURE EXCAVATION Co",I""i 23593 C & W DIVING SERVICéiNC -------------- NATIONAL CITY 27 CECILIA'S SAFETY SERVICE, INC. DEL MAR C7112 REINFORCED CONCRETE SEWER Co",I",b 23491 42 C1200 CONSTRUCTION AREA SIGNS Spe'tahOy 23531 C5100 CONCRETE STRUCTURE Spec"bly 23571 254 C1201 TRAFFIC CONTROL SYSTEM Speciably 23531 C6500 REINFORCED CONCRETE PIPE Sp""a'Hy 23571 254 CHANGING PLACES LA JOLLA C5501 STEEL STRUCTURES Spe"altly 23591 54 PlOfe"" C8700 CONSULTANT 54169 C I C RESEARCH, INC SAN DIEGO 28 COFFMAN SPECIALTIES, INC SAN DIEGO C8700 CONSULTANT PlOle"" 54169 205 C1901 ROADWAY EXCAVATION Co",I"'I' 23593 C8711 COMPUTER P,ot",io 54151 1030 C2602 AGGREGATE BASE Co",I"'I' 23411 C L ENTERPRISE JAMUL 29 C1980 IMPORTED BORROW Coo"",¡ 23593 C2021 HYDROSEEDING Coo""'I, 23593 116 C2501 AGGREGATE SUBBASE Co",I",li 23411 C2020 SOIL AMENDMENTS Co",I"'I' 23593 116 C2700 CEMENT TREATED BASE Co",I"'li 23411 C2000 HIGHWAY PLANTING Co",I"'¡ 23593 116 C1970 EMBANKMENT CONSTRUCTION Co",I"'I' 23593 C2030 EROSION CONTROL Co",I"'li 23593 116 C2800 CONCRETE BASE Speolab'y 23571 C M DISTRIBUTORS, INC ESCONDIDO 30 C1920 STRUCTURE EXCAVATION Co",""" 23593 C0686 ELECTRICAL & SIGNALS Speol,bty 33512 20 COLLINS GROUP SAN DIEGO C0670 PIPE Co",I"'¡ 32612 11 C8712 PUBLIC RELATIONS PlOfe"io 54161 C. JONES & COMPANY SAN DIEGO 31 COLLINS PLUMBING, INC LA MESA C8701 BUSINESS ADMINISTRATION PlOfe"io 54161 734 C9872 SEWER CONNECTION Coo"",¡ 23491 C8712 PUBLIC RELATIONS PlOle"io 54161 734 CONSOLIDATED SERVICES ENGINEERS MORON GO C8700 CONSULTANT PlOfe",o 54169 205 PIO""" 860 C8702 MANAGEMENT INFORMATION SYSl',ote"to 54151 1 C8707 FEASIBILITY STUDIES 54133 C8700 CONSULTANT P,ole"io 54169 C8ll0 CONSTRUCTION MANAGEMENT PCOle"io 54161 n__nn - - - -- -~----..._-- --- CONSTRUCTION ANALYSTS, INC. CARLSBAD C8ll0 CONSTRUCTION MANAGEMENT P,ole"io 54161 C8700 CONSULTANT PlOle'"o 54169 CONSTRUCTION MATERIALS & SERVIC SAN MARCOS C0698 BUILDING MATERIAL Co",I",I, 44419 /0 -.:{5 Friday Ju!r 27 1001 (Query I To/af DBE's) Pagelofll Exhibit C ~.,- .. -"---'---- ---.-.. ----.-- All DRE's - San Diego Region EXHIBIT "c" WCCcodes WCC Definition NaicsCV WCCcodes WCC Definition NaicsCV CONTRERAS CONSTRUCTION CO. INDIO 42 DURAN ENTERPRISES INC. APPLE VALLEY C3910 PAVING ASPHALT (ASPHALT CONO::o",',"" 23411 94 C5105 MINOR CONCRETE STRUCTURE Spec,.h'y 23571 C7301 CONCRETE CURB & SIDEWALK - M~pec"h~ 23571 254 C5110 CONCRETE SURFACE FINISH Spec,.h'y 23571 C1970 EMBANKMENT CONSTRUCTION Coo"'"" 23593 116 C5100 CONCRETE STRUCTURE Spec"h'y 23571 C6900 DOWN DRAIN Coo"'"" 23491 42 --------~- DYE SURVEYING. INC. LA MESA C1920 STRUCTURE EXCAVATION CO"","" 23593 116 CB760 SURVEYOR P'of.",o 54137 C19BO IMPORTED BORROW Co",""Oi 23593 116 C0700 CONSTRUCTION STAKING P'of."" 54137 C1901 ROADWAY EXCAVATION C""","di 23593 116 - ------.--- -- --------- C1930 STRUCTURE BACKFILL Coo,""" 23593 116 E REIDER ENTERPRISES SAN DIEGO C1940 DITCHES EXCAVATION Coo","" 23593 116 CB701 BUSINESS ADMINISTRATION P'of."" 54161 C6500 REINFORCED CONCRETE PIPE Spe"'h~ 23571 254 CB711 COMPUTER P"f."" 54151 1 C1925 SHAPED BEDDING Co",',"O' 23593 116 ERB ENGINEERING, INC. POWAY C1910 GRADING COO"'"Oi 23593 116 C9B26 LAND SURVEYING P"f"'io 54137 --.- VISTA 43 CB720 CIVIL ENGINEERING P"f."io 54133 CONTRERAS TRACTOR RENTAL C1910 GRADING CO"","di 23593 116 C0700 CONSTRUCTION STAKING P""."io 54137 C1601 CLEARING & GRUBBING Co"","O' 23411 94 CB101 SURVEY OR HISTORICAL MONUME""""'" 54137 C2030 EROSION CONTROL Co",',"d, 23593 116 CB705 DESIGN P,of"'io 54133 C990B HEAVY EQUIPMENT RENTAL CO"","" 53212 43 CB765 DRAFTING P""."io 54134 C9907 CONSTRUCTION EQUIPMENT RENl"o",""" 53212 43 CB707 FEASIBILITY STUDIES P""."io 54133 CRUZ ESTRELLA;Š-CADD & DRAFllNG CB710 ENGINEERING P'of."io 54133 SAN DIEGO 44 CB700 CONSULTANT P,of."io 54169 CB711 COMPUTER P'ol."io 54151 1030 CB760 SURVEYOR P'of."io 54137 CB700 CONSULTANT p"".",o 54169 205 CB705 DESIGN P"f"'io 54133 B60 EROSION CONTROL SPECIALISTS-- -'¡AMUi.:--- . - CB765 DRAFTING P",.",o 54134 25 CB705 DESIGN P,of"'io 54133 CB722 ENVIRONMENTAL ENGINEER P"f."io 54162 CYBERWIRE CHULA VISTA 45 CB770 CONSTRUCTION MANAGEMENT P'of."io 54161 CB711 COMPUTER P"'e"iO 54151 1030 CB700 CONSULTANT P'of."io 54169 DR V DESIGN SAN DIEGO 46 CB710 ENGINEERING P'Of."iO 54133 C8765 DRAFTING P,ol."io 54134 25 C8720 CIVIL ENGINEERING P'of."io 54133 C8707 FEASIBILITY STUDIES P'Of""o 54133 860 ESAO SUMIDA ARCHITECT, INC. ENCINITAS CB705 DESIGN P",.",o 54133 B60 C8700 CONSULTANT P,of""o 54169 C8704 ARCHITECTURAL P,of."iO 54131 2B7 C8704 ARCHITECTURAL P"f"'io 54131 C8700 CONSULTANT P,of.",o 54169 205 - - -- -- - ESKINDER BERHANU & ASSOCIATES SAN DIEGO DARSONO DESIGN ASSOCIATES SAN DIEGO 47 C8707 FEASIBILITY STUDIES P'of."io 54133 C8705 DESIGN P,of.",o 54133 B60 C8700 CONSULTANT P,of.",o 54169 CB704 ARCHITECTURAL P'of""o 54131 2B7 - no --- -~_._--.._---- -----._- ESTRADA & KEA PARTNERSHIP SAN DIEGO DC/GIS.COM, LLC SAN DIEGO 48 C8722 ENVIRONMENTAL ENGINEER P'of"'io 54162 C8765 DRAFTING P'of.",o 54134 25 C8700 CONSULTANT P""."io 54169 CB700 CONSULTANT P"f.",o 54169 205 C8712 PUBLIC RELATIONS Pmf."io 54161 C8705 DESIGN P,ol."" 54133 860 C8707 FEASIBILITY STUDIES P"f'"io ---------- ------ ----- 54133 DECISION & INFORMATION SYSTEMS, I SAN DIEGO 49 -. - - ---- --- ESTRADAS CONTRACTING SERVICES SPRING VALLEY C8700 CONSULTANT P"f."" 54169 205 C1601 CLEARING & GRUBBING CO"","," 23411 C8711 COMPUTER P,of."io 54151 1030 C8702 MANAGEMENT INFORMATION SYSl"""'io 54151 1030 FRANK & SON PAVING, INC. CHULA VISTA C1940 DITCHES EXCAVATION Constructi 23593 DEMOLITION CONTRACTORS INC. CHULA VISTA 50 C3930 PAVEMENT REINFORCING FABRIC Co""'"'" 23411 C99BO DEMOLITION Spec,.hly 23594 14 C1901 ROADWAY EXCAVATION Co",""di 23593 - - - n- - --- DODSON AND ASSOCIATES SAN DIEGO 51 C3910 PAVING ASPHALT (ASPHALT CONCJOo",',uo'i 23411 C8712 PUBLIC RELATIONS P,ol.",o 54161 734 C1910 GRADING Co",""" 23593 C8700 CONSULTANT P,o,.",o 54169 205 DON FAIN TRUCKING LAKESIDE 52 C9774 TRUCKER COO"'""i 48411 118 C9771 TRUCK BROKER Co"","", 53212 43 /0 -<b Friday Ju(1' 272001 (Query' 1 Total DBE's) Page30fl2 Exhibit C -'-- ------ -~ All DRE's - San Diego Region EXHIBIT "c" WCCcodes WCC Definition NaicsCV WCCcodes WCC Definition NaicsCV G S VALLEY GRADING, INC VISTA 63 GERALDO R IGLESIA PHD SAN DIEGO C3910 PAVING ASPHALT (ASPHALT CONCJOon"""" 23411 94 C8710 ENGINEERING P<Ofe.." 54133 C7035 WELDED STEEL PIPE Con"~'" 23491 42 C8720 CIVIL ENGINEERING P'ofe..,o 54133 C5105 MINOR CONCRETE STRUCTURE Speaah~ 23571 254 C8770 CONSTRUCTION MANAGEMENT P,o""'O 54161 C6900 DOWN DRAIN Con,'~'" 23491 42 C8702 MANAGEMENT INFORMATION SYSl'co""'o 54151 1 C6500 REINFORCED CONCRETE PIPE S""",h~ 23571 254 C8765 DRAFTING P,of""o 54134 C6819 FILTER FABRIC Con"~cti 23499 104 C8701 BUSINESS ADMINISTRATION P'ofe..,o 54161 C6800 SUBSURFACE DRAIN Con"~dj 23491 42 CB705 DESIGN P'ofe.." 54133 C6401 ASBESTOS-CEMENT PIPE Spec<ah~ 23571 254 C8707 FEASIBILITY STUDIES - P,of.."o 54133 C7026 CORRUGATED STEEL PIPE ENERGOon"~'" 23491 42 C8700 CONSULTANT Pcofe",o 54169 C7112 REINFORCED CONCRETE SEWER Con"'""i 23491 42 C8711 COMPUTER Pcofe",o 54151 1 C6552 JACKED REINFORCED CONCRETE Speciah~ 23571 254 --_._--_..~-- GIM GENERAL ENGINEERING CONTRAC ENCINITAS C1910 GRADING Con"'""i 23593 116 C1601 CLEARING & GRUBBING CO"","O" 23411 C1925 SHAPED BEDDING Con"'""i 23593 116 C7301 CONCRETE CURB & SIDEWALK - M~peolahfy 23571 C6700 STRUCTURAL STEEL PLATE PIPE, Co""~"i 23491 42 C6500 REINFORCED CONCRETE PIPE SpeOiah'y 23571 C5110 CONCRETE SURFACE FINISH Speciahfy 23571 254 C5501 STEEL STRUCTURES Speciahfy 23591 C7200 ROCK SLOPE PROTECTION Co",f,"'" 23499 104 C3910 PAVING ASPHALT (ASPHALT CONa:O""~'" 23411 C1970 EMBANKMENT CONSTRUCTION Co",""oh 23593 116 C1970 EMBANKMENT CONSTRUCTION CO"","ct, 23593 C3901 ASPHALT CONCRETE Co""'"ct, 23411 94 C7000 PLASTIC PIPE Co""'"h 23491 C9980 DEMOLITION Speolahfy 23594 14 C2030 EROSION CONTROL Co""'"cti 23593 C3940 PLACE ASPHALT CONCRETE DIKE CO"","'" 23411 94 CB611 RAMP METERING SYSTEM P'ofe..,o 54133 C1930 STRUCTURE BACKFILL Con"'""; 23593 116 C6800 SUBSURFACE DRAIN CO"","O" 23491 C7000 PLASTIC PIPE CO""NOh 23491 42 C5301 AIR-BLOWN MORTAR Speoiahfy 23571 C1980 IMPORTED BORROW Co",I~"i 23593 116 C6650 CORRUGATED METAL PIPE (CSP) CO""'"O" 23491 C9872 SEWER CONNECTION CO"","'" 23491 42 C5135 CONCRETE BLOCK & MASONRY RlJipeolahfy 23571 C9907 CONSTRUCTION EQUIPMENT RENeO""'"'" 53212 43 C1901 ROADWAY EXCAVATION CO""'"O" 23593 C7301 CONCRETE CURB & SIDEWALK - M~peciahlY 23571 254 C5201 REINFORCING STEEL Speolahfy 23591 C7250 SACKED CONCRETE Spociahly 23571 254 C7200 ROCK SLOPE PROTECTION Con"'"cti 23499 C6815 HORIZONTAL DRAIN CO"","ct, 23499 104 - - - --- - C990B HEAVY EQUIPMENT RENTAL CO"","ct, 53212 43 GLOBAL ENVIRONMENTAL CONSULTIN SAN DIEGO C7006 CORRUGATED STEEL PIPE INLET B;o""'""i 23491 42 C8700 CONSULTANT P,of.."o 54169 C6811 EDGE DRAIN Co""'"cti 23499 104 CB722 ENVIRONMENTAL ENGINEER Pcof..", 54162 JUNCTION CHAMBER Speolah~ ---.---------- C7194 23571 254 GONZALEZ-WHITE CONSULTING SERVI SAN DIEGO C1920 STRUCTURE EXCAVATION Con"~cti 23593 116 CB770 CONSTRUCTION MANAGEMENT Pcofe..io 54161 C1940 DITCHES EXCAVATION CO""~,,, 23593 116 CB702 MANAGEMENT INFORMATION SYSl'COf.."o 54151 1 C1901 ROADWAY EXCAVATION Con"~,,, 23593 116 C8700 CONSULTANT Pcof"'io 54169 - --- n n . - CHULA VISTA 64 C8701 BUSINESS ADMINISTRATION Pcofe,"o 54161 G W WAGNER PLUMBING C9872 SEWER CONNECTION Con"~o" 23491 42 GRANITE DEVELOPMENT COMPANY EL CAJON ---------- ---- C1920 STRUCTURE EXCAVATION Con"~'" 23593 GALLEGOS & ASSOCIATES CARLSBAD 65 Pcofe.." ----- ----______n- C8700 CONSULTANT 54169 205 GUILLORY TRUCKING HESPERIA - - - -- - - -- - C9771 TRUCK BROKER Con"~o" 53212 GARBINI & GARBINI LANDSCAPE ARCHI SAN DIEGO 66 CB705 DESIGN Pcofe.." 54133 B60 C9774 TRUCKER Con"~o" 46411 C9602 BOTTOM DUMP TRUCKING CO""~cti 46411 GEORGE ALVARADO TRUCKING CALEXICO 67 C9602 BOTTOM DUMP TRUCKING Co",l~o" 46411 118 HABITAT WEST ESCONDIDO C9774 TRUCKER coo","o" 48411 118 C8700 CONSULTANT Pcof.,,;o 54169 C9771 TRUCK BROKER Co""~O" 53212 43 HAR CONSTRUCTION INC NATIONAL CITY C9670 TRUCK RENTAL C,",I~o" 53212 43 C5100 CONCRETE STRUCTURE SpOClality 23571 C9642 MASONRY Spociahly 23541 C7301 CONCRETE CURB & SIDEWALK - M~pOCiallfy 23571 C5105 MINOR CONCRETE STRUCTURE Speoiahly 23571 n______--- - HARO'S LANDSCAPE INC, VISTA C2000 HIGHWAY PLANTING Co",l~o" 23593 C2021 HYDROSEEDING Co",l~o" 23593 C0620 LANDSCAPING & NURSERY Con,,~ct, 56173 C2020 SOIL AMENDMENTS Con,,~ct, 23593 /6 -~ 7 Friday Ju(v 27 ]001 muen' I Total DBE'.,¡ Pa.e 4 of1] F:rMhi,r .- --_.~-------- .----.- All DBE's - San Diego Region EXHIBIT "c" WCCcodes WCC Definition NaicsCV WCCcodes WCC Definition NaicsCV HERITAGE RESOURCES RAMONA 77 J J DAVIS & ASSOCIATES SAN DIEGO C8700 CONSULTANT ""I,~" 54169 205 C8700 CONSULTANT P"',~i, 54169 C8707 FEASIBILITY STUDIES "',,"',° 54133 860 C8701 BUSINESS ADMINISTRATION P""~,, 54161 HOOPER LAND COMPANY FALLBROOK 78 J R CONSTRUCTION, INC SAN DIEGO C8750 REAL ESTATE Coo"'"" 53139 268 C5100 CONCRETE STRUCTURE S",,"'lity 23571 C8700 CONSULTANT p""",;, 54169 205 C5105 MINOR CONCRETE STRUCTURE S",,"ali~ 23571 C8721 RIGHT OF WAY ENGINEER p""~,, 54133 860 C5135 CONCRETE BLOCK & MASONRY R~pec""ly 23571 HOWARD-SNEED INTERIORARCHITEcT SAN DIEGO 79 C5136 REINFORCED CONCRETE CRIB W¡:f;",,"alily 23571 C8705 DESIGN "'oI,~" 54133 860 C5110 CONCRETE SURFACE FINISH Speciality 23571 C8704 ARCHITECTURAL P"I"", 54131 287 J R PINA ASPHALT PAVING SAN MARCOS C8700 CONSULTANT P,oI"", 54169 205 C3940 PLACE ASPHALT CONCRETE DIKE C""""a, 23411 - n- - -- - SAN DIEGO C3701 SEAL COAT C,,","al 23411 HUDSON SAFE-T-UTE RENTALS 80 C1200 CONSTRUCTION AREA SIGNS S"",iality 23531 564 C3910 PAVING ASPHALT (ASPHALT CONO',"","al 23411 - - - - n C9907 CONSTRUCTION EQUIPMENT REN1'oo","al 53212 43 J R ROMERO CONSTRUCTION CO SAN DIEGO ------- - -------- - C8702 MANAGEMENT INFORMATION SYSl'"I"", 54151 1 HUNTER PACIFIC GROUP SAN DIEGO 81 C8700 CONSULTANT P,,"~" 54169 205 C8765 DRAFTING P""~I, 54134 C8707 FEASIBILITY STUDIES P"I,~I, 54133 860 C8700 CONSULTANT P,of""o 54169 C8770 CONSTRUCTION MANAGEMENT P"'""o 54161 HVAC ENGINEERING,INC. SAN DIEGO 82 C8701 BUSINESS ADMINISTRATION P,oI""o 54161 C8700 CONSULTANT P,oI""o 54169 205 C8705 DESIGN P"I,~" - ----- 54133 HYDROSPROUT, INC. LAWN & SLOPE S ESCONDIDO 83 C8704 ARCHITECTURAL P""""o 54131 C2000 HIGHWAY PLANTING Coo"'"" 23593 116 J. F. TEJEDA COMPANY EL CAJON C2020 SOIL AMENDMENTS Coo","a, 23593 116 C3940 PLACE ASPHALT CONCRETE DIKE CO"'I,"'" 23411 C2030 EROSION CONTROL Coo,!,"al 23593 116 C2501 AGGREGATE SUBBASE C'"","'" 23411 C2021 HYDROSEEDING C,"","a' 23593 116 C2700 CEMENT TREATED BASE Coo,I,"", 23411 IMPERIAL IRRIGATION SUPPLY, INC. ESCONDIDO 84 C3901 ASPHALT CONCRETE Coo"'"," 23411 C0670 PIPE C'""'"'" 32612 11 C2401 LIME TREATMENT Co",I,"," 23411 C0620 LANDSCAPING & NURSERY Coo"'"" 56173 701 C3930 PAVEMENT REINFORCING FABRICcoo","dl 23411 INTERWEST PACIFIC, L TO. SOLANA BEACH 85 C3910 PAVING ASPHALT (ASPHALT CONa;oo","", 23411 Co",',"d, C2602 AGGREGATE BASE Coo"'"," 23411 C2501 AGGREGATE SUBBASE 23411 94 PENETRATION TREATMENT & PRltJf°""'"" C2201 FINISHING ROADWAY CO""'"," 23411 C3600 23411 94 CO"","dl C1980 IMPORTED BORROW Coo""," 23593 C2201 FINISHING ROADWAY 23411 94 C6200 ALTERNATIVE PIPE CULVERT Co"""a' C3600 PENETRATION TREATMENT & PRltJfoo""", 23411 23491 42 C3701 SEAL COAT Coo""," 23411 C5301 AIR.BLOWN MORTAR S",,"ality 23571 254 C1940 DITCHES EXCAVATION Coo""'" 23593 C5136 REINFORCED CONCRETE CRIB W¡:f;",,"ali~ 23571 254 CO"'I"'" C1901 ROADWAY EXCAVATION Coo""," 23593 C1601 CLEARING & GRUBBING 23411 94 PAVING ASPHALT (ASPHALT CONO'OO,""" C1601 CLEARING & GRUBBING Coo""," 23411 C3910 23411 94 CO"""d' C1531 PLANE ASPHALT CONCRETE Coo""," 23411 C3901 ASPHALT CONCRETE 23411 94 C1910 GRADING Coo""" 23593 C5105 MINOR CONCRETE STRUCTURE S",,"atily 23571 254 C1940 DITCHES EXCAVATION Co"""dl 23593 C2800 CONCRETE BASE S",,"a"~ 23571 116 C1901 ROADWAY EXCAVATION C'""'"'" 23593 116 J. W. CONSTRUCTION CO. SAN DIEGO C1930 STRUCTURE BACKFILL CO""'"," 23593 116 C5135 CONCRETE BLOCK & MASONRY RE!'"""aIiIY 23571 C3940 PLACE ASPHALT CONCRETE DIKE Coo""," 23411 94 C7301 CONCRETE CURB & SIDEWALK. M~pe"ali~ 23571 C2401 LIME TREATMENT Coo","d, 23411 94 C9829 RETAINER WALLS S",,"ality 23541 C2800 CONCRETE BASE S,,"ali!y 23571 254 C5105 MINOR CONCRETE STRUCTURE Speciali~ 23571 C1920 STRUCTURE EXCAVATION Coo","a, 23593 ------- - 116 JARKON INDUSTRIES JAMUL C1925 SHAPED BEDDING Coo"'"'" 23593 116 C0670 PIPE CoO""dl 32612 C1980 IMPORTED BORROW Co,""," 23593 116 - --- ---------- C2602 AGGREGATE BASE C'",!"cli 23411 94 JBG ENVIRONMENTAL CONSULTING SAN DIEGO C1970 EMBANKMENT CONSTRUCTION Coo""a, 23593 116 C8700 CONSULTANT P,oI"", 54169 Coo""'" JD'S PLANTS 'N' THINGS n_- ------ C2700 CEMENT TREATED BASE 23411 94 VICTORVILLE INrL FABRICATORS & ENGRS,INC HEBER 86 C8700 CONSULTANT P"I,~I, 54169 CO670 PIPE Coo,""!, 32612 11 C8705 DESIGN P"f,~" 54133 C8710 ENGINEERING p"""" 54133 860 /0 -.-< 8 Fridav Ju/v 27 2001 mum'i Tota/ 08E'.,) PaI!e.io(12 Exhibit C -.....---------- All DRE's - San Diego Region EXHIBIT "c" WCCcodes WCC Definition NaicsCV WCCcodes WCC Definition NaicsCV JNE & ASSOCIATES SAN DIEGO 96 L C PAVING & SEALING SAN MARCOS C8700 CONSULTANT Profe,," 54169 205 C3910 PAVING ASPHALT (ASPHALT CONC¡;°""'u". 23411 C8707 FEASIBiliTY STUDIES P",I.."o 54133 860 C3701 SEAL COAT Coo,llu"; 23411 JOHNCAREY CONSTRUCTION CO., INC. SAN DIEGO 97 C3901 ASPHALT CONCRETE COO"IU'" 23411 - - u ------ C9980 DEMOliTION Speda"ly 23594 14 L K S & ASSOCIATES SAN DIEGO C9842 MASONRY Spe<la"~ 23541 141 C8720 CIVIL ENGINEERING Plole"lo 54133 -.-.--------- --- - C8712 PUBliC RELATIONS ProIe".o 54161 JOHN'S EQUIPMENT RENTAL LAKESIDE 98 C9771 TRUCK BROKER Co",""'" 53212 43 C8707 FEASIBiliTY STUDIES Plo'm.o 54133 C9774 TRUCKER Coo""'" 48411 118 C8770 CONSTRUCTION MANA'GEMENT Plole".o 54161 :¡OSEE. PEREIRA PLUMBING & FIRE SP SAN DIEGO C8700 CONSULTANT PIO'.."O 54169 99 C8710 ENGINEERING Plol.."o 54133 C8765 DRAFTING Plolm.o 54134 25 -- u.-- .--- ..- - ------- - LABORATORY DATA CONSULTANTS,IN CARLSBAD JOSEPH WONG DESIGN ASSOCIATES, I SAN DIEGO 100 C8700 CONSULTANT Plolmlo 54169 C8704 ARCHITECTURAL PloIe".o 54131 287 LiNTVEDT, MCCOLL & ASSOCIATES SAN DIEGO JP ENGINEERING, INC SAN DIEGO 101 C8700 CONSULTANT Plol"'lo 54169 C8721 RIGHT OF WAY ENGINEER Plof",.o 54133 860 C8720 CIVIL ENGINEERING Plolm.o 54133 C0700 CONSTRUCTION STAKING P""",lo 54137 51 C8703 TRAFFIC ENGINEER P",I.."o 54133 C8710 ENGINEERING Prol"'lo 54133 860 C8760 SURVEYOR P",fe"lo 54137 C9826 LAND SURVEYING ProIe"lo 54137 51 C8705 DESIGN P"'I..'lo 54133 C8707 FEASIBiliTY STUDIES PloI",lo 54133 860 C8707 FEASIBiliTY STUDIES Plolmlo 54133 C8700 CONSULTANT Plol",.o 54169 205 C8701 BUSINESS ADMINISTRATION Ploimio 54161 C8720 CIVIL ENGINEERING P"""'lo 54133 860 C8721 RIGHT OF WAY ENGINEER Plofe"lo 54133 C8770 CONSTRUCTION MANAGEMENT p",lm.o 54161 734 - --------- C8760 SURVEYOR P"'f.."o 54137 51 LOPEZ ENGINEERING SAN DIEGO CB765 DRAFTING Plof.."o 54134 25 C8700 CONSULTANT Plo'mlo 54169 C8705 DESIGN P"".."o 54133 860 C8740 ELECTRICAL ENGINEERS Plole"lo 54133 -_u------_u - C8707 FEASIBiliTY STUDIES Plofmlo 54133 I K. DUNCAN ENTERPRISES, INC. SAN DIEGO 102 C8705 DESIGN Plof..,lo 54133 C8700 CONSULTANT Plofe".o 54169 205 - - - u_-------- - - u m___' - - -_u_- -- -- - LORI R. LOVETT, GENERAL ENGINEERI WRIGH1WOOD K2 ENGINEERING INC SAN DIEGO 103 C1925 SHAPED BEDDING Co",llu,'. 23593 C8700 CONSULTANT PloI.."o 54169 205 C6301 CAST-IN-PLACE CONCRETE PIPE S""""'y 23571 C8710 ENGINEERING Plolmlo 54133 860 C1531 PLANE ASPHALT CONCRETE C,"",u", 23411 - u- - u- COO"IU'" KANRAD ENGINEERING, INC. SAN DIEGO 104 C6200 ALTERNATIVE PIPE CULVERT 23491 C8705 DESIGN Plolm.o 54133 860 C1920 STRUCTURE EXCAVATION COO"IU'" 23593 C8700 CONSULTANT Plof",.o 54169 205 C2030 EROSION CONTROL Coo"",I. 23593 C8707 FEASIBiliTY STUDIES P",I..", 54133 860 C1940 DITCHES EXCAVATION COO"IU'" 23593 C8740 ELECTRICAL ENGINEERS P""",.o 54133 860 C2602 AGGREGATE BASE COO"I"" 23411 C8710 ENGINEERING PIO""'O 54133 860 C1910 GRADING CO",'IU". 23593 C8765 DRAFTING PloI..,lo 54134 25 C5105 MINOR CONCRETE STRUCTURE S""""'y 23571 KEN ROB, INC SAN DIEGO C6800 SUBSURFACE DRAIN Co",f"'" 23491 105 C5105 MINOR CONCRETE STRUCTURE S""""~ C7215 CONCRETED-ROCK SLOPE PROTECO",'luctl 23499 23571 254 CO",'IU'" C7200 ROCK SLOPE PROTECTION 23499 C5100 CONCRETE STRUCTURE Spec.."ly 23571 254 COO"I"" C2501 AGGREGATE SUBBASE 23411 C0651 CONCRETE & CEMENT Co",""" 32731 46 C6900 DOWNDRAIN Coos""" 23491 C5135 CONCRETE BLOCK & MASONRY RE!'P",,"ly 23571 254 C1901 ROADWAY EXCAVATION Cons""," 23593 KRISTINE COHN C I H SAN DIEGO 106 C1601 CLEARING & GRUBBING Coo",,'" 23411 C8700 CONSULTANT P",'.."o 54169 205 C1930 STRUCTURE BACKFILL Coo"'u'" 23593 _u_u_____m_____- -----u_--- C1522 RESET. ADJUST ROADWAY ITEMS CooS"u'" 23411 KTU + A LANDSCAPE ARCHITECTS & PL SAN DIEGO 107 C8700 CONSULTANT p"""", 54169 205 C1970 EMBANKMENT CONSTRUCTION Coos,,"," 23593 C8705 DESIGN P""e"" 54133 860 C3701 SEAL COAT Co","uct. 23411 C8707 FEASIBiliTY STUDIES P",I..,;o 54133 860 C3600 PENETRATION TREATMENT & PRIMO,""lu," 23411 C8711 COMPUTER P",I"", 54151 1030 M R B & ASSOCIATES SAN DIEGO - .-. u- - - C8712 PUBLIC RELATIONS Profe,," 54161 KYLE CONSULTING SAN DIEGO 108 C8700 CONSULTANT PloIe"lo 54169 205 C8700 CONSULTANT p",le"lo 54169 /o-..{9 Friday Ju(v 27 1001 (Querv I Total 08E'.'1 Page60f11 Exhibit C -..----.- -- .--- All DBE's - San Diego Region EXHIBIT "c" WCCcodes WCC Definition NaicsCV WCCcodes WCC Definition NaicsCV MANUEL ONCINA ARCHITECT,INC LA JOLLA 116 MJC CONSTRUCTION CHULA VISTA C8765 DRAFTING P""e",o 54134 25 C5105 MINOR CONCRETE STRUCTURE Spec"h~ 23571 C8704 ARCHITECTURAL P'ofe~¡o 54131 287 C3901 ASPHALT CONCRETE COO"N", 23411 C8705 DESIGN P""e~'o 54133 860 C2501 AGGREGATE SUBBASE CO"","'" 23411 ---------------- C1980 IMPORTED BORROW COO"N'" 23593 MARIE BURKE LlA, ATTORNEY AT LAW SAN DIEGO 117 C8700 CONSULTANT P",fe~¡o 54169 205 C1910 GRADING COO,""" 23593 MARQUEZ&ASSOCIATES BIOLOi:;icÀL CHULA VISTA C1901 ROADWAY EXCAVATION C"""N'" 23593 118 C5135 CONCRETE BLOCK & MASONRY RE!'pec"h'y 23571 C8700 CONSULTANT P",'e~iO 54169 205 C3701 SEAL COAT Co",'NO" 23411 C8707 FEASIBILITY STUDIES P'ofe~iO 54133 860 C1940 DITCHES EXCAVATION Coo,""'" 23593 MARTHA BLANE CONSULTING SAN MARCOS 119 C1920 STRUCTURE EXCAVATION Co",""'" 23593 C8700 CONSULTANT P""e~iO 54169 205 C3910 PAVING ASPHALT (ASPHALT CONO::"""N'" 23411 -------.----- SAN DIEGO 120 MJK ARcHriiè:wRE ä.PLANNING--S',i,N DIEGO- MARTINEZ SUPPLY INC. C0698 BUILDING MATERIAL C"""N'" 44419 237 C8704 ARCHITECTURAL P",fe~lo 54131 -- -----__--___n -- SAN DIEGO 121 C8770 CONSTRUCTION MANAGEMENT P",fe,,'o 54161 MARTINEZ, CUTRI & MC ARDLE P"".."o C8700 CONSULTANT p",fmlo 54169 C8704 ARCHITECTURAL 54131 287 C8705' DESIGN P",fe~", 54133 C8785 DRAFTING P,ofe~'o 54134 25 C8707 FEASIBILITY STUDIES p",fe",o 54133 860 MONICA CONSTRUCTIONCOMPANV LEMON GROVE _n ------------- EL CAJON 122 C7301 CONCRETE CURB & SIDEWALK - M~pe"."'y 23571 MC LEOD TRUCKING MORAESIPHAM 8'-ASSOCIATES --- - CARLSBAD--- ----- C9774 TRUCKER Co",'Nctl 48411 118 C9602 BOTTOM DUMP TRUCKING C"""Nctl 48411 118 C8705 DESIGN P""e~¡o 54133 C9605 FLAT BED TRUCKING Co",'Nctl 48411 118 C8765 DRAFTING P,ofe~", 54134 MESQUITA & ASSOCIATES, INC. SAN DIEGO 123 C8770 CONSTRUCTION MANAGEMENT P,ofe~'o 54161 C8700 CONSULTANT P",fe~¡o 54169 205 C8710 ENGINEERING P",fe",o 54133 ARCHITECTURAL p",fe~,o C8740 ELECTRICAL ENGINEERS P'ofe~lo 54133 C8704 54131 287 - ---- - - n_-- C8700 CONSULTANT P'ofe~iO 54169 : MICHAEL BAKER ELECTRIC SAN DIEGO 124 C8716 ARCHITECTURAL ENGINEER p",fe~lo 54131 C0686 ELECTRICAL & SIGNALS SpeO""'y 33512 20 C8707 FEASIBILITY STUDIES P",fe~¡o 54133 - n n n- -- n C8722 ENVIRONMENTAL ENGINEER p",fe~iO 54162 MICHAEL-ALLEN ASSOCIATES SAN DIEGO 125 CONSULTANT P""e~iO 54189 -------.._-------- C8700 205 MORENO AERIAL PHOTO SURVEYS EL CAJON C8705 DESIGN P'o'e~", 54133 860 C8700 CONSULTANT P'ofe~", 54169 MICHELE MC LAIN, AlA SAN MARCOS 126 NELLE ARCHITECTURE DEL MAR C8700 CONSULTANT p",fe",o 54169 205 C8704 ARCHITECTURAL P,ofe~'o 54131 C8705 DESIGN p",fe,"O 54133 860 C8700 CONSULTANT P""e~'o 54169 C8704 ARCHITECTURAL P",fe~", 54131 287 - ----no - n- - NORTH STATE SIGNS FALLBROOK MILLIGAN BACKHOE SERVICE SAN DIEGO 127 C1201 TRAFFIC CONTROL SYSTEM Spe"a"~ 23531 C7112 REINFORCED CONCRETE SEWER C"""Nct, 23491 42 C1200 CONSTRUCTION AREA SIGNS Spec""'y 23531 C9980 DEMOLITION Speo'a"'y 23594 14 OLSEN STEEL, INC. ----- CORRUGATED STEEL PIPE INLET &:0",""'" EL CAJON C7006 23491 42 C1940 DITCHES EXCAVATION CO",'NO" 23593 C5501 STEEL STRUCTURES Spe"a"~ 23591 116 C1901 ROADWAY EXCAVATION Co",'Noh 23593 116 OLSON -COMMUNI(::ATioNS & INS" FOR SAN-DIEGO C1930 STRUCTURE BACKFILL COO"NOU 23593 1 16 C8712 PUBLIC RELATIONS P,ofe~lo 54161 C7194 JUNCTION CHAMBER SpeC"Ii~ 23571 254 C8700 CONSULTANT Pcofe,,'o 54169 C1970 EMBANKMENT CONSTRUCTION C"""Not' 23593 116 ONA, INC. - -- - - - SAN DIEGO C6900 DOWNDRAIN C"""Nctl 23491 42 C8705 DESIGN P'ofe""o 54133 C1920 STRUCTURE EXCAVATION CO",INOh 23593 116 C8700 CONSULTANT """e",o 54169 C8711 COMPUTER P,ofe~iO 54151 1 C8770 CONSTRUCTION MANAGEMENT P,ofe~iO 54161 C8707 FEASIBILITY STUDIES Profe~¡o 54133 ONSITE ENGINEERING FALLBROOK C8770 CONSTRUCTION MANAGEMENT P'ofe~'o 54161 /0 --30 Friday July 27 ]001 (Ou,"' 1 To/at DBE',,¡ Pa~e 7 on] Frhihitr ----------.---.-- -.----- --- All DBE's - San Diego Region EXHIBIT "c" WCCcodes WCC Definition NaicsCV WCCcodes WCC Definition NaicsCV OROPEZA CONSTRUCTION BONITA 139 PAYCO SPECIALTlES,INCORPORATED CHULA VISTA C3930 PAVEMENT REINFORCING FABRIC Con","", 23411 94 C5601 SIGN STRUCTURE Spec"h'y 23591 C2030 EROSION CONTROL Con"'"'" 23593 116 C8501 PAVEMENT MARKING Co"""", 23521 C3940 PLACE ASPHALT CONCRETE DIKE Co",""'" 23411 94 C1201 TRAFFIC CONTROL SYSTEM spec""'y 23531 C3701 SEAL COAT eon.."" 23411 94 C8201 OBJECT MARKER P,of."" 54137 C1980 IMPORTED BORROW Coos""'" 23593 116 C8406 PAINTED TRAFFIC STRIPE & MARKÇoo",""i 23521 C1201 TRAFFIC CONTROL SYSTEM Spec~"'" 23531 584 - ------- PEPPER TRUCKING INC RAMONA C1701 DEVELOP WATER SUPPLY Co",',""i 23491 42 C9774 TRUCKER Co",',""i 48411 C1200 CONSTRUCTION AREA SIGNS Spec,.h", 23531 584 C9771 TRUCK BROKER Coo","'" 53212 C3901 ASPHALT CONCRETE Coo"'"'" 23411 94 C9602 BOTTOM DUMP TRUCKING Coo""", 48411 C2020 SOIL AMENDMENTS Co",""" 23593 116 - ------- - HIGHWAY PLANTING Con"'"'" 23593 116 PERSONAL COMPUTER SPECIALIST SAN DIEGO C2000 STRUCTURE EXCAVATION Coos","i 23593 116 C8700 CONSULTANT Pcofm" 54169 C1920 C1901 ROADWAY EXCAVATION Coo","", 23593 116 C8711 COMPUTER P,of."" 54151 1 --- - n C2BOO CONCRETE BASE Spe".lity 23571 254 PLATT/WHITELAW ARCHITECTS, INC SAN DIEGO C3910 PAVING ASPHALT (ASPHALT CONa:on","", 23411 94 C8700 CONSULTANT P,of"'io 54169 C1601 CLEARING & GRUBBING Co"",""i 23411 94 C8704 ARCHITECTURAL P,Ofm" 54131 C1970 EMBANKMENT CONSTRUCTION Coo""," 23593 116 C8705 DESIGN P,ofm" 54133 C1531 PLANE ASPHALT CONCRETE Coo"'"'" 23411 94 PORTILLO CONCRETE CHULA VISTA C2700 CEMENT TREATED BASE Con"'"'" 23411 94 C7301 CONCRETE CURB & SIDEWALK - M~p"'i.lity 23571 OUCHI NURSERY SAN DIEGO 140 C5110 CONCRETE SURFACE FINISH sp.".lity 23571 C0620 LANDSCAPING & NURSERY CO"""," 56173 701 C5100 CONCRETE STRUCTURE Sp.'i.h", 23571 - ----------- .------------ .------------ - _____n__- PACIFIC ELECTRONICS SAN DIEGO 141 PROCUREMENT CONCEPTS, INC. SAN DIEGO C1200 CONSTRUCTION AREA SIGNS Sp.".h", 23531 564 C8700 CONSULTANT Pcofmio 54169 C1201 TRAFFIC CONTROL SYSTEM Speci.h'y 23531 564 -- -- --- - -- - - -- - - ----------- PROFESSIONAL CONSULTING GROUP SPRING VALLEY C8740 ElECTRICAL ENGINEERS Pcof."io 54133 860 C8707 FEASIBILITY STUDIES Pcof."" 54133 C8605 MESSAGE SIGNS. LIGHTING & SIG Spe".h'y 23531 564 DESIGN Pcof."" CB705 54133 C8604 LIGHTING spe"."'y 23531 564 Pcof."" C8700 CONSULTANT 54169 CB602 SIGNAL & LIGHTING Spe".h'y 23531 564 RBKA SAN DIEGO PACIFICA CONTRACTING, INC. SAN DIEGO 142 C8710 ENGINEERING Pcof."" 54133 C5100 CONCRETE STRUCTURE Spe"."'" 23571 254 Pco'."" C8722 ENVIRONMENTAL ENGINEER 54162 C1940 DITCHES EXCAVATION Con,""" 23593 116 C8700 CONSULTANT Pcofm" 54169 C5105 MINOR CONCRETE STRUCTURE Spec,.h'y 23571 254 Pco'."" C8705 DESIGN 54133 C8602 SIGNAL & LIGHTING Spe".h'y 23531 564 CONSTRUCTION MANAGEMENT Pcofm" 54161 C8770 C9907 CONSTRUCTION EQUIPMENT REN-¡;on",""i 53212 43 C8720 CIVIL ENGINEERING Pcofm" 54133 C9908 HEAVY EQUIPMENT RENTAL Con",""i 53212 43 Pcofm" C8707 FEASIBILITY STUDIES 54133 C7000 PLASTIC PIPE Con"'"'" 23491 42 C8604 LIGHTING Spec,.h'y 23531 564 R D H BACKHOE SAN DIEGO -- -- - . - - C1940 DITCHES EXCAVATION Con",""i 23593 PARAS & A5S0CIA1ES BONSALL 143 C1930 STRUCTURE BACKFILL Con",""i 23593 C8765 DRAFTING Pco",," 54134 25 C1901 ROADWAY EXCAVATION Coo",",h 23593 C8700 CONSULTANT Pcof."" 54169 205 Con"'"'" C1920 STRUCTURE EXCAVATION 23593 CB716 ARCHITECTURAL ENGINEER Pco'.,," 54131 287 Con""" C1910 GRADING 23593 CB707 FEASIBILITY STUDIES Pco'.,," 54133 B60 C8706 DESIGN BRIDGES Pcof."io 54133 860 R FIGUEROA TRUCKING CATHEDRAL CITY C8ll0 CONSTRUCTION MANAGEMENT Pcofm" 54161 734 C96o2 BOTTOM DUMP TRUCKING Coos',uc" 48411 C8710 ENGINEERING ",of."" 54133 860 C9774 TRUCKER Con"'uc" 48411 C8720 CIVIL ENGINEERING Pco'."" 54133 860 --- - - - --------- m__- R KING MANAGEMENT SUPPORT SERVI SPRING VALLEY C8705 DESIGN Pcofm" 54133 860 C8700 CONSULTANT Pcof.,,'o 54169 PARTERRE SAN DIEGO 144 C8770 CONSTRUCTION MANAGEMENT Pcof."io 54161 C8765 DRAFTING Pcof.,," 54134 25 C8701 BUSINESS ADMINISTRATION Pcof.,," 54161 C8707 FEASIBILITY STUDIES P,of.,,'o 54133 860 ---- - ---- -------- RAUL MENDOZA CONSTRUCTION, INC. LAKESIDE C8705 DESIGN P,of.,," 54133 860 C6401 ASBESTOS-CEMENT PIPE Spe'i.h'y 23571 RAY BRANDES SAN DIEGO C8700 CONSULTANT Pcof."" 54169 /0 -- 3/ Friday JU!I' 27 2001 (Query 1 Tala! DBE',,) PageBo!12 ExltibilC . -.--. ----..---.------------- .------. All DRE's - San Diego Region EXHIBIT "c" WCCcodes WCC Definition NaicsCV WCCcodes WCC Definition NaicsCV RB NS, INC. CHULA VISTA 158 S C VALLEY ENGINEERING INC EL CAJON C0686 ELECTRICAL & SIGNALS Sped"'~ 33512 20 C8710 ENGINEERING Pcof."", 54133 _.- - - - C9872 SEWER CONNECTION Coo"c,," 23491 RICHARD BRADY & ASSOCIATES SAN DIEGO 159 C8720 CIVIL ENGINEERING PcoI"",o 54133 860 C7112 REINFORCED CONCRETE SEWER Coo"'"'" 23491 C8710 ENGINEERING _.""O 54133 860 C2030 EROSION CONTROL Coo","", 23593 C8700 CONSULTANT Pcof.""o 54169 205 C1930 STRUCTURE BACKFILL Coo","", 23593 C8105 DESIGN Pco'~"o 54133 860 C1970 EMBANKMENT CONSTRUCTION CO",""" 23593 C8710 CONSTRUCTION MANAGEMENT Pcof"",o 54161 734 C6200 ALTERNATIVE PIPE CULVERT Co,"'c,,', 23491 C8722 ENVIRONMENTAL ENGINEER P<of.""o 54162 79 C2201 FINISHING ROADWAY - Coo","", 23411 -- --. - __n - --- C7194 JUNCTION CHAMBER Spe,""~ 23571 ROBERT ZALDIVAR MASONARY RAMONA 160 C5501 STEEL STRUCTURES spe"""y 23591 C8101 SURVEY OR HISTORICAL MONUME?cof."", 54137 51 C1940 DITCHES EXCAVATION Coo","", 23593 C9842 MASONRY S"",""fy 23541 141 C1901 ROADWAY EXCAVATION Coo"'"'" 23593 C5135 CONCRETE BLOCK & MASONRY R~"","'ily 23571 254 C1601 CLEARING & GRUBBING Coo"'"'" 23411 C9829 RETAINER WALLS Sped,my 23541 141 C6500 REINFORCED CONCRETE PIPE S"""""y 23571 ------- -._-- RODRIGUEZ PARK SAN DIEGO 161 C1920 STRUCTURE EXCAVATION Coo"'"'" 23593 C87Q4 ARCHITECTURAL P,of.",'o 54131 287 C5105 MINOR CONCRETE STRUCTURE spe",my 23571 C8705 DESIGN Pcof.""o 54133 860 C1701 DEVELOP WATER SUPPLY Coo"'"," 23491 C8700 CONSULTANT PcoI.""o 54169 205 C2800 CONCRETE BASE spe",my 23571 C8707 FEASIBILITY STUDIES Pcof.""o 54133 860 C2700 CEMENT TREATED BASE CoO"'"ct, 23411 C8116 ARCHITECTURAL ENGINEER Pcof.",o 54131 287 SAFDlE RABINES ARCHITECTS - SAN DIEGO C8765 DRAFfING Pcof.""o 54134 25 C8165 DRAFfING Pcof.",o n_____--____--_n_- -- - - 54134 ROESLING NAKAMURA ARCHITECTS, IN SAN DIEGO 162 C8705 DESIGN Pcof.."o 54133 C8105 DESIGN Pco'.",o 54133 860 C8700 CONSULTANT Pcof.",o 54169 C8704 ARCHITECTURAL Pcof.",o 54131 287 C8706 DESIGN BRIDGES Pcof.",o 54133 C8701 FEASIBILITY STUDIES P'o'.,,'o 54133 860 C8704 ARCHITECTURAL Pcof.",o 54131 -- - n - - --- - SAi>-PERCONSTRUCiION COMPÀNY -----SPRING VALLÉV ROGERS CONSULTING GROUP SAN DIEGO 163 C8770 CONSTRUCTION MANAGEMENT Pco'."'o 54161 734 C5105 MINOR CONCRETE STRUCTURE Spec',"fy 23571 C8700 CONSULTANT P<of.",o 54169 205 C2800 CONCRETE BASE spe",my 23571 -------------- C7301 CONCRETE CURB & SIDEWALK - M~pe"'!ily 23571 ROMERO GENERAL CONSTRUCTION C ESCONDIDO 164 C2401 LIME TREATMENT COO"'"ct, C2700 CEMENT TREATED BASE Coo","", 23411 23411 94 - -------- C2501 AGGREGATE SUBBASE COO"'"ct, 23411 94 SCHEIDEL-CONTRACTING AND ENGINE LA MESA C2602 AGGREGATE BASE COO"'"ct, 23411 94 C2000 HIGHWAY PLANTING Coo"'"'" 23593 C1901 ROADWAY EXCAVATION Coo",""" 23593 116 C7250 SACKED CONCRETE S"""""y 23571 C3701 SEAL COAT Coo"'""" 23411 94 C6500 REINFORCED CONCRETE PIPE Spe"""y 23571 C1970 EMBANKMENT CONSTRUCTION COO"'"ct, 23593 116 C6301 CAST-IN-PLACE CONCRETE PIPE S"",""fy 23571 C2700 CEMENT TREATED BASE Co",""'" 23411 94 C7301 CONCRETE CURB & SIDEWALK. M~""""'fy 23571 C1980 IMPORTED BORROW Coo"'"," 23593 116 C1601 CLEARING & GRUBBING Coo"'"," 23411 C3940 PLACE ASPHALT CONCRETE DIKE coo","ct, 23411 94 C5105 MINOR CONCRETE STRUCTURE Spe""'fy 23571 C3600 PENETRATION TREATMENT & PRIMOoo","," 23411 94 C1522 RESET, ADJUST ROADWAY ITEMS Coo"'"," 23411 C3910 PAVING ASPHALT (ASPHALT CON()Ooo",",,' 23411 94 C5110 CONCRETE SURFACE FINISH spe"""y 23571 C3901 ASPHALT CONCRETE Coo"'"," 23411 94 C7215 CONCRETED-ROCK SLOPE PROTECoo'fc,," 23499 - --- - - - C5135 CONCRETE BLOCK & MASONRY R~p.""'fy 23571 RUBIO'S CONCRETE CONSTRUCTION CHULA VISTA 165 C7301 CONCRETE CURB & SIDEWALK - MJ>"""""y 23571 254 C5136 REINFORCED CONCRETE CRIB W~ecia"fy 23571 C5105 MINOR CONCRETE STRUCTURE spe"""y C7200 ROCK SLOPE PROTECTION Coo","", 23499 23571 254 - --------------- SCIENTIFIC RESOURCES ASSOCIATED SAN DIEGO C8700 CONSULTANT Pcof.""o 54169 C8707 FEASIBILITY STUDIES Pcof.""o 54133 SEXUAL HARAssMENT AWARENESS A BONITA C8700 CONSULTANT P,of.""o 54169 SHEARER ASSOCIATES SAN DIEGO C8700 CONSULTANT Pcof.",o 54169 /0 -- 3"", Friday Ju(I'17 2001 (QUe11' 1 Total DBE'.'¡ Page 9 oj 12 Exhibit C --- --.------- ----.- -- ----- All DBE's - San Diego Region EXHIBIT "c" WCCcodes WCC Definition NaicsCV WCCcodes WCC Definition NaicsCV SIM ENGINEERING INC. FALLBROOK 173 SUNSHINE DEVELOPMENT EL CENTRO C2501 AGGREGATE SUBBASE Con","," 23411 94 C2602 AGGREGATE BASE Coo""'~' 23411 C1970 EMBANKMENT CONSTRUCTION Con,""'" 23593 116 C8700 CONSULTANT P'ofe,,'o 54169 C1930 STRUCTURE BACKFILL Con"""" 23593 116 C1920 STRUCTURE EXCAVATION Con"'"'" 23593 C1940 DITCHES EXCAVATION Co",""'" 23593 116 C5100 CONCRETE STRUCTURE Spe"."" 23571 C2201 FINISHING ROADWAY Con"",~, 23411 94 C2401 LIME TREATMENT CO"","'" 23411 C9908 HEAVY EQUIPMENT RENTAL Co""""" 53212 43 C1601 CLEARING & GRUBBING Co"","", 23411 C1601 CLEARING & GRUBBING Con,""~' 23411 94 C2700 CEMENT TREATED BASE Con"'"'" 23411 C2602 AGGREGATE BASE Coo","'" 23411 94 C2800 CONCRETE BASE Spe"'Ii', 23571 C9980 DEMOLITION Spec"li~ 23594 14 SUPER MARIO PORTABLE WELDING ESCONDIDO C1980 IMPORTED BORROW CO"","'" 23593 116 C6200 ALTERNATIVE PIPE CULVERT Coo","'" 23491 - -_no ---------- SAN DIEGO 174 SIMON WONG ENGINEERING C5201 REINFORCING STEEL Spec"li~ 23591 C8700 CONSULTANT p",fe..,o 54169 205 C7035 WELDED STEEL PIPE Coo","," 23491 C8707 FEASIBILITY STUDIES P'ofe,,'o 54133 860 C5501 STEEL STRUCTURES Spe""'~ 23591 C8710 ENGINEERING P",le,,'o 54133 860 C6700 STRUCTURAL STEEL PLATE PIPE. Coo"""" 23491 C8770 CONSTRUCTION MANAGEMENT p",fe,," 54161 734 C6650 CORRUGATED METAL PIPE (CSP) Coo"""" 23491 C8705 DESIGN P",f...." 54133 860 C6680 JACKED CORRUGATED STEEL PIP Coo","," 23491 C8706 DESIGN BRIDGES p",fe..lo 54133 860 ------______n -- ------------ SUPER WELDING OF SOUTHERN CALIF SAN DIEGO ----..------- HESPERIA 175 SMITH TRUCKING COMPANY C6700 STRUCTURAL STEEL PLATE PIPE. Coo","'" 23491 C9771 TRUCK BROKER CoO"'"~' 53212 43 C0670 PIPE Coo","," 32612 SOFTCOMM SAN DIEGO 176 C5501 STEEL STRUCTURES Specl"it, 23591 C8702 MANAGEMENT INFORMATION SYSl""fe.." 54151 1030 C0655 STEEL Spec"li~ 23591 C8701 BUSINESS ADMINISTRATION p",fm" 54161 734 C0683 GUARD RAILINGS & BARRIERS Spe"'Ii~ 23571 C8700 CONSULTANT P",fe,," 54169 205 C5201 REINFORCING STEEL Spe"ali~ 23591 C8711 COMPUTER PlOfm" 54151 1030 C0652 REINFORCING BAR SECTION Spe".Ii', 23591 n - __n- n_m-- - --- - - SOTA ENVIRONMENTAL TECHNOLOGY. SAN DIEGO 177 SYNERGY ELECTRIC COMPANY INC. SANTEE p",fe..,o C8610 SPEED MONITORING STATION Pm""'" 54133 C8710 ENGINEERING 54133 860 C8720 CIVIL ENGINEERING p",fe.." 54133 860 C8605 MESSAGE SIGNS, LIGHTING & SIG Spe"alil, 23531 C8722 ENVIRONMENTAL ENGINEER P",f.."o 54162 79 C8604 LIGHTING Spe"a"" 23531 C8700 CONSULTANT P'ofe,," 54169 205 C8603 SIGNAL Spe"al", 23531 C8611 RAMP METERING SYSTEM PlOfe.." 54133 SOUTHBAY EDC, INC. BONITA 178 C8609 TRAFFIC COUNT STATION PlOfe..'o 54133 C0686 ELECTRICAL & SIGNALS Spe"alil, 33512 20 C8608 DETECTOR Spe"ali~ 23531 SOUTHLAND GEOTECHNICAL CONSULT EL CAJON 179 C8602 SIGNAL & LIGHTING Spe"alil, 23531 C8705 DESIGN PlOfe.." 54133 860 - -- n - - - -- _n TERRA EQUIPMENT CORPORATION SAN MARCOS C8707 FEASIBILITY STUDIES p",fe,," 54133 860 C9774 TRUCKER Coo"""" 48411 C8700 CONSULTANT p",fe,,'o 54169 205 C9771 TRUCK BROKER Coo"""" 53212 - -- - ----------------- __un - - - - STAR PAVING CORPORATION SAN DIEGO 180 TERRA VISION, M.C. CARLS BAD C1940 DITCHES EXCAVATION Co",f,"'" 23593 116 C8711 COMPUTER PlOfe..;o 54151 1 C3701 SEAL COAT COO","'" 23411 94 C8700 CONSULTANT PlOf..", 54169 C3940 PLACE ASPHALT CONCRETE DIKE Coo","'" 23411 94 TESHIMA DESIGN GROUP CONCRETE CURB & SIDEWALK - M~pe"'Ii~ 23571 254 SAN DIEGO C7301 CONCRETE SURFACE FINISH Speciality 23571 254 C8700 CONSULTANT PlOf..,;o 54169 C5110 Coo","'" C8705 DESIGN PIOfe,," 54133 C2201 FINISHING ROADWAY 23411 94 - --- ----_._-_.._----~._------------ C3910 PAVING ASPHALT (ASPHALT CONO:o",f'"," 23411 94 TESTING SERVICES & INSPECTION, INC SAN DIEGO C3930 PAVEMENT REINFORCING FABRIC Coo","", 23411 94 C8700 CONSULTANT P,ofe..;o 54169 C1910 GRADING COO"'"~' 23593 116 C8770 CONSTRUCTION MANAGEMENT PIOIe.." 54161 TEZA DESIGN LA MESA C8700 CONSULTANT PlOfe.." 54169 C8710 ENGINEERING PlOfe..lo 54133 C8765 DRAFTING P,ofmlo 54134 C8716 ARCHITECTURAL ENGINEER P'ofe.." 54131 C8705 DESIGN PlOf..,;o 54133 /0 -33 Fridav Julv 27 2001 m",~.' Tn'.' n""'.' P.., Tn.n, r_"'"'. r ---_.-- - ..-. -'-______m --- All DBE's - San Diego Region EXHIBIT "c" WCCcodes WCC Definition NaicsCV WCCcodes WCC Definition NaicsCV THE KEESE COMPANY SAN DIEGO 190 WELK TRUCKING, INC. EL CAJON C8770 CONSTRUCTION MANAGEMENT "'"..." 54161 734 C9771 TRUCK BROKER Co",I'o'" 53212 C8701 BUSINESS ADMINISTRATION "'ol."io 54161 734 C9774 TRUCKER Coo""",, 48411 C8702 MANAGEMENT INFORMATION SYSl'co,.",o 54151 1030 ' - m - - WEST CONSULTANTS, INC SAN DIEGO C8707 FEASIBILITY STUDIES """"'O 54133 860 C8711 COMPUTER P"".",o 54151 1 C8700 CONSULTANT P,of.",o 54169 205 C8700 CONSULTANT Pcol.",o 54169 TliÚRAlNING ÄlTERNATlVE SAN DIEGO 191 C8710 ENGINEERING Pcol.",o 54133 C8700 CONSULTANT Pco""'o 54169 205 C8720 CIVIL ENGINEERING Pcol."" 54133 TIERRÀ ENViRONMENTAL SERVICES, IN SAN DIEGO 192 C8722 ENVIRONMENTAL ENGINEER Pcof"", 54162 CONSULTANT Pcof."" 54169 205 C8705 DESIGN Pco""" 54133 C8700 - - -. - --- -_u _on m C8707 FEASIBILITY STUDIES P",."" 54133 860 WEST DIVING SERVICES CORONADO TFuuNúNG-SUPPORTNEnNORK LA JOLLA 193 C6500 REINFORCED CONCRETE PIPE S,",,"lily 23571 C8700 CONSULTANT PcoI."" 54169 205 C5100 CONCRETE STRUCTURE S,",,"lily 23571 C5501 STEEL STRUCTURES Spe"";¡y 23591 TRAN CONSULTING ENGINEERS SAN DIEGO 194 C7112 REINFORCEa CONCRETE SEWER Coo"""" 23491 C8720 CIVIL ENGINEERING PcoI""o 54133 860 ---~---- _m'm___~_- C8722 ENVIRONMENTAL ENGINEER Pcof."" 54162 79 WESTERN STEEL & METALS, INC SAN DIEGO C8n1 RIGHT OF WAY ENGINEER Pcof."" 54133 860 C5501 STEEL STRUCTURES Spe"'lily 23591 C8710 ENGINEERING Pcof."" 54133 860 C6700 STRUCTURAL STEEL PLATE PIPE, c""""",, 23491 - - -- ----. ------ ----, C8700 CONSULTANT P'of."" 54169 205 WIEBER NELSON DESIGN SAN DIEGO C8705 DESIGN Pcof."" 54133 860 C8705 DESIGN Pcof."", 54133 C8707 FEASIBILITY STUDIES Pcof."" 54133 860 C8700 CONSULTANT Pcof."", 54169 C8706 DESIGN BRIDGES Pcof."", 54133 860 - _u- ------m_m__---m' WIGGANS, JANE L. SRIWA OCEANSIDE C8703 TRAFFIC ENGINEER Pcof."" 54133 860 C8700 CONSULTANT Pcof.",o --"---- 54169 TRANSCONTINENTAL ENTERPRISES RAMONA 195 C8750 REAL ESTATE Co",I",'" 53139 C8765 DRAFTING P,of"", 54134 25 - - - nno WORKHORSE CONSULTING CARLSBAD C8nO CIVIL ENGINEERING P,of."" 54133 860 C8765 DRAFTING Pcof",'" 54134 C0655 STEEL Spe"'lily 23591 54 C8770 CONSTRUCTION MANAGEMENT Pcof."", 54161 C5501 STEEL STRUCTURES S,""i,lily 23591 54 C8700 CONSULTANT Pcof."" 54169 C5601 SIGN STRUCTURE Spe"";¡y 23591 54 - - - --- - SAN DIEGO TRI-COUNTY DRILLING, INC 196 C8700 CONSULTANT Pco'.,,'o 54169 205 TRILOGY + 1 lANDSCAPING SAN DIEGO 197 C2030 EROSION CONTROL Coo,I""" 23593 116 C2020 SOIL AMENDMENTS Co",,",'" 23593 116 C2000 HIGHWAY PLANTING Coo"""" 23593 116 C7000 PLASTIC PIPE Co","o'" 23491 42 C1601 CLEARING & GRUBBING Coo"""" 23411 94 __"m--~_- UNIVERSAL STRUCTURES SOLANA BEACH 198 C8720 CIVIL ENGINEERING P",."" 54133 860 C8706 DESIGN BRIDGES Pcof"", 54133 860 C8700 CONSULTANT Pcof."" 54169 205 C8l11 COMPUTER Pcof."", 54151 1030 VICTOR GARCIA ENGINEERING SAN DIEGO 199 C8700 CONSULTANT Pcof."" 54169 205 C8705 DESIGN P'of.",o 54133 860 C8710 ENGINEERING P'of."" 54133 860 C8706 DESIGN BRIDGES Pcof.",o 54133 860 C8nO CIVIL ENGINEERING P'of""" 54133 860 C8707 FEASIBILITY STUDIES pco""", 54133 860 ,.--- ----- WARNER ARCHITECTURE & DESIGN SAN DIEGO 200 C8700 CONSULTANT P'of."" 54169 205 C8705 DESIGN Pcof."", 54133 860 C8704 ARCHITECTURAL Pcof",'" 54131 287 /0 - jLj' Friday Ju(v 27 2001 lOuen' 1 Total DBE'.'¡ Page II 0(12 ExlribitC ----'---' All DBE's - San Diego Region EXHIBIT "C" WCCcodes WCC Definition NaicsCV WCCcodes WCC Definition NaicsCV To'al No. of DBE's: 207 Total Number of DBE'" (including 877 duplications) in all Work Gasifications: /0 -3ó- Friday Jutl' 27 2001 mum' I Tatal nRF'" Pa.. " art' C_L:". r -- --.------- ..-----"-'-"-' .. -.. EXHIBIT "D" DBE Availability / 1999 Census Report Summary Category NAlCSCodes 1999 Census COUNT/NAICS % DBEI Actual DBE's Actual Total NAICS Code per Category No. of DBE's Construction Highway & Street Const 23411 94 27.66% Pipeline Const 23491 42 52.38% All other Const 23499 104 5.77% Painting, Traffic Marking 23521 417 0.72% Grading 23593 116 25.00% Pipes 32612 II 63.64% Concrete and Cement 32731 46 4.35% Building Matr Dealers 44419 237 1.27% Trucking 48411 118 9.32% Real Estate Services 53139 268 Ll2% TruckRental 53212 43 34.88% Landscaping 56173 701 0.43% - Summary for 'Category' = Construction (12 detail records) Sum 2197 5.92% 71 Professional & Technical Services Arch 54131 287 6.97% Engin 54133 860 8.14% Drafting 54134 25 76.00% Survey 54137 51 15.69% Computer 54151 1030 1.84% Manage Consult 54161 734 4.50% Environmental 54162 79 12.66% Prof Consultant 54169 205 48.29% Summary for 'Category' = Professional & Technical Services (8 detail records) Sum 3271 L1'2781 8.50% 124 Specialitv Trades ';;"è':~ Electrical Contr 23531 564 2.30% Masonary, Walls 23541 141 3.55% Concrete Contr 23571 254 ":'33 12.99% Structural steel 23591 54 .:,12 22.22% Demolition 23594 14 '7 50.00% Lighting Fixtures 33512 20 4 20.00% - - Summary for 'Category' = Speciality Trades (6 detail records) Sum 1047 1":("""'741 7.07% 57 252 207 * 252/6515 207/6515 = 3.87% =3.18% * (Actual Number of DBE's Available in San Diego Region is 207 Firms) Friday, July 27,2001 (Qry-Censes99-Rpt) Exhibit D Page 1 of 1 /0 -3b -.-----. --___m_.- -. ---..- ~~~~~~~ ~~§~§~~~~ ~~~§~~~ ~ ""';!"~c'" "a;:è~""";!;;;'" ""';~i(j;;¡¡;j"" ~ en => UJ Z W U uJ <D 0 ~",~~CD ..,. ;:: ~ ~:~.~,~,~..,~¡,:"~,,,,~,,~"~':,~'.~ ~ ~ ~'~,~~~ ~'.,~¡~~~ ~,:~"~,,~,.,,~j,,,,~~ *1 ~ *1 "':~iÈ ~",":;g1},~~~;g ~ ~ ~ ~:g 8 ¡;; ~1}, ¡ß.¡(J ~;. 1':,:~è!;,è!;j8'8 8 g ~ ¡¡¡ t;1~!~ ~::g:g ~'~~':: ~,6 ~ ; ~ ~ g!;;; ;:¡ :;'; ~ ~ ::" ::;~~::;;g¡;j ~ i(j ~ g ~~; ,~ , ' , " en w I- ~~"'CDNC>C>"'~ ~CD"'C>r-...,.t;; :::: :J N~~~N""~"'", "'OON ~ oo In ~ '"I"""""""""""'" '"I '"I '"I to Cl>,Cl> Cl> Cl> Cl> Cl>Cl> Cl> to to to « ~ '~,,{,'~ 'n'~,,'~,'~ ~ " ~ ~ . > i;! Cl>Cl> Cl> Cl> Cl>Cl> Cl>,Cl> i;! ,i;! i;! ÜJ « ,,'<~~~~~~:~~ '< gJgJgJigJigJgJ '< '< : §'§§ §§§,§,§,§§§§ ~,~~~,~~,~'~,~ ii'i'iii I-- W t5:t5t5 t5t5t5t5t5 t5t5t5t5 É É É É É É É É ~~~~:~ ~ - In ÈiÈ'.s È.s.sÈ.sÈ'.s.s.s ~,~ ~.~ ~ ~'~ ~ ££££££ ';;; OJ Q §§§§§§§§§§§,§ oðoðoðoðoðoðoðoð ~~'~~~~ go -. u'uuuuuuuuuuu rorororororororo Cl>Cl>Cl>Cl>Cl>,Cl> "- ~ ~~~~~~~~ ~~~~~~ ~ QQQQQQQQ UJUJUJUJUJU) X 0 ~~~~~~~~ w z £ £ £ £ £ ££ £ 0 en - '" - :g.!; 1:' ~ '" a:: 8 <;; <;; tó ~ ."* .~ '§ ro 1:' -= g] -= 0; gJ « -~~::;: "Cl> C:ro'" "'-ro ~ro~Cl>~~ a. :E¡O,ooo> uoo>Cl>1:"& 0»,2§æ'§ 8;;:,8<;;.Q~ "'" -=¡u:,ulE.!;""o,,-=£,UJ,"ro .c:£.!;Cl>:JUE'" - - -"".- .::: UJ'Cl> a; ro-o 2i,:¡¡ roTI2OC 0 t!0>""c:~ ~~ roè2œ-¡;LL 0 oð'~£~ðä::2~2~g~ «tijð~5~.g8 Ë¡g~tJ~.~ U ¡;-.g.'~g> i!'!;f-~~.5 u:¡¡E='ê ~~§.so~ ~"-«'Ë gg ¡g ::;:W"- W::;:UUJ::¡ :f ~ 8ciJ oc ~æ~~;¡~~ ~~~~&~;:¡;;~ ~~~:;j::~~ ~ ~:¡:;~C:,L ,¡,¿,1..¡-E ...;6),0:..,.;,;., 'N'o'~¡~I~!"'!"'i~!"""',o "',""I"¡~""""""JO ]=CJ]3.1~t¿[?¡"'ç :1:!]2,[.1"" -- '~"'~"'N~"'~"'N'" ~"'..,.r-.~~'N """N"',~ "'~ ~,"'~ r-. '" """"'"' CD CD CD """"",",CD"""""'~N~ ~~~~~~~~ ~'~~~~~::¡:~'~~¡g ;jI;;g;jl;;g;jl;;jI;;jI;;jI; 0 ~~~~~~~~~ ~~~~~~~ ~ r-."'CDCD"""'Nr-.O r-....CDCDv~O N ...~~~"':"':"':~o ~"':~"":"'~O ~ OOCDO~~NNCDO """v",~~o N "'N C> ",~N 0 ~ ~ ------- EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAICS CODES AND CATEGORIES " "",worl<Code Definition NAICS Code No. in GrouD Worl<Code Definition NAICS Code No. in GrauD I -- DBEFirm______~~cation -~ D DBEFirm Location I Construction C26D2 AGGREGATE BASE 23411 94 ACOIKECO LINCOLN (;1522 ~ESET,ADJU~~~OADWA'I"I:r:... 23411 94 CANTARINITRACTOR FALlBROOK LORI R. LOVETT, GENERAL ENGINEERING co WRIGHTWOOD COFFMAN SPECIALTIES, INC SAN DIEGO SCHEIOEL.CONTRACTING ANO ENGINEERING. LA MESA INTERWEST PACIFIC. L TO. SOLANA BEACH coñS;;u~--'-'------Coün¡: 2; 21 94; 2.13%' J.FTEJEOACOMPANY ELCAJON ~._- -~-----~- --------- LORI R LOVETT. GENERAL ENGINEERING CO WRIGHTWOOO ¡;!.53.1_P_'::I\N_EASPHAL T C°i'IC:,!ETE 23411 94 ROMERO GENERAL CONSTRUCTION CORP. ESCONDIOO J F. TEJEDA COMPANY EL CAJON SIM ENGINEERING INC FALlBROOK LORI R. LOVETT, GENERAL ENGINEERING CO WRIGHTWOOD SUNSHINE OEVELOPMENT EL CENTRO OROPEZA CONSTRUCTION - ____.--""N-"A___- _c.°nstructoon_.._~__-_..Io:u,;¡:g-;-'9/--94; 9.57%' Construction -- CDun~_3:,,_]I- 94; 3.19%' C2700 CEMENT TREATED BASE -----;;~;'~-94'- C1601 CLEARING & GRUBBING 23411 94 COFFMANSPECIALTIES.INC SAN DIEGO BERT W SALAS, INC SANTEE INTERWEST PACIFIC. LTD. SOLANA BEACH CANTARINI TRACTOR FALlBROOK J. F. TEJEDA COMPANY EL CAJON CATS EXCAVATING, INC SAN DIEGO OROPEZA CONSTRUCTION BONITA CONTRERAS TRACTOR RENTAL VISTA ROMERO GENERAL CONSTRUCTION CORP ESCONOIOO ESTRAOAS CONTRACTING SERVICES SPRING VALLEY S C VAllEY ENGINEERING INC EL CAJON GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS SAPPER CONSTRUCTION COMPANY SPRING VAllEY INTERWEST PACIFIC. L TO. SOLANA BEACH SLJ~-""-""E[)E\lEL-""MEtJT~ - ---- --.--'" CENTRO J F TEJEOA COMPANY EL CAJON Construction - .- Count: 8; -8/- - 94; 8.51%' LORI R'. LOVETT, GENERAL ENGINEERING CO WRIGHTWOOD C360, 0.' P'. ENE. TRA. TI.O N T.R. EAT. .M... ENT &-... -- -.--. --94. ,. .1- OROPEZA CONSTRUCTION BONITA -----_. --~-----~ 23411 S C VAllEY ENGINEERING INC EL CAJON INTERWEST PACIFIC. L TO. SOLANA BEACH SCHEIOEL.CONTRACTING AND ENGINEERING. LA MESA J F. TEJEDA COMPANY EL CAJON SIM ENGINEERING INC. FALlBROOK LORI R LOVETT, GENERAL ENGINEERING CO WRIGHTWOOO SUNSHINE OEVELOPMENT EL CENTRO Ri)MERO GENERA'.C()NSTRUCTION CORP. ESCONDIOO T,,"O(;'(," 1 LA~D"CAPING- - _____SANDIEGO- Construction Count4 ; ----¡¡- 94; 4.26%' IConstru_cto~__- CDunt:15; 15/_...!J4.;--!.5.9~_' C3701 SEAL COAT ------- ---~1'-----94-" C2201 FINISHING ROADWAY 23411 94 JRPINAASPHALTPAVING SAN MARCOS INTERWESTPACIFIC,LTD SOLANA BEACH JF.TEJEDACOMPANY ELCAJON JFTEJEDACOMPANY ELCAJON LCPAVING.SEALING SAN MARCOS S C VAllEY ENGINEERING INC EL CAJON LORI R LOVETT. GENERAL ENGINEERING CO WRIGHTWOOD SIM ENGINEERING INC. FALlBROOK MJC CONSTRUCTION CHULA VISTA STAR PAVING CORPORATION SAN DIEGO OROPEZA CONSTRUCTION BONITA Construction Count: 5; 51 94; 5.32%' ROMERO GENERAL CONSTRUCTION CORP. ESCONOIDO --------- ----~-- STAR PAVING CORPORATION SAN DIEGO C2401 LlMETI~E~TMENT 23411 94 Construction n- - Count: 8;"--¡¡¡-g;¡:; 8.51"!.' INTERWEST PACIFIC. LTO SOLANA BEACH C390'--ASPHALT-CONCRETE ---~--~94- J F TEJEDA COMPANY EL CAJON --------- 2341 1 ROMERO GENERAL CONSTRUCTION CORP ESCONDIDO A C OIKE CO LINCOLN SUNSHINE DEVELOPMENT EL CENTRO CATS EXCAVATING, INC SAN DIEGO Con-struction--- ---Count4: '41 94; 4.26%' GSVALLEYGRAOING.INC VISTA ------ ------ --------- INTERWESTPACIFIC,LTO SOLANA BEACH C2501 AGGREGATE SUBBASE 23411 94 J F TEJEDA COMPANY EL CAJON CANTARINI TRACTOR FALlBROOK L C PAVING. SEALING SAN MARCOS COFFMAN SPECIALTIES, INC SAN OIEGO MJC CONSTRUCTION CHULA VISTA INTERWEST PACIFIC, L TD SOLANA BEACH OROPEZA CONSTRUCTION BONITA J. F TEJEOA COMPANY EL CAJON ROMERO GENERAL CONSTRUCTION CORP. ESCONOIOO LORI R. LOVETT, GENERAL ENGINEERING CO WRIGHTWOOD Construction - n Count: 9-;---- 9/ 94; 9.57%' MJC CONSTRUCTION CHULA VISTA . ~---- ROMERO GENERAL CONSTRUCTION CORP. ESCONOIOO SIM ENGINEERING INC. FALLBROOK ConslruC¡¡O" .. u_-- - -Count: 8;-- 'Ší--g¡; 8.51%' ----- ------- . Percentage used to calculate Goals for each contract item Exhibit F -~----- DBEI DBE.mdb (Rpt-Meth-1AA;DBE's) (Methodology -1A) /0 -38 Page 1 of 13 .-.----------------- .--- EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAICS CODES AND CATEGORIES '-".'\WorkCode Definition NAICS Code No. in GrouD WorkCode Definition NAICS Code No. in GrouD I DBE Firm Localion II DBE Firm Location I C3910 PAVINGASPHALr(ASPHAI.!'£- 23411 94 C6680 JACK_EDCORRU~ATEDSTE.!'.L 23491 42 A C DIKE CO LINCOLN aAKER'S PORTABLE WELDING SAN DIEGO CATS EXCAVATING,INC SAN DIEGO SUPER MARIO PORTABLE WELOING ESCONOIOO CONTRERAS CONSTRUCTION CO INOIO ConStruCtion- - - Coúnt:2:~--';¡2= 4.76%' ~":~=L::~~::~:Z~: :Z~ ~~~~ VISTA C67¡;O-STRUC:rURAt~iEEL PLATËPI--~~91 42 GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS aAKE"S PORTABLE WELDING SAN OIEGO INTERWEST PACIFIC, L TD SOLANA BEACH BERT W SALAS, INC SANTEE JRPINAASPHALTPAVING SAN MARCOS GSVALLEYGRAOING,INC VISTA J F. TEJEOA COMPANY EL CAJON SUPER MARIO PORTABLE WELDING ESCONOIOO L C PAVING & SEALING SAN MARCOS SUPER WELOING OF SOUTHERN CALIFORNIA. SAN DIEGO MJC CONSTRUCTION CHULA VISTA WESTERN STEEL & METALS, INC SAN DIEGO OROPEZA CONSTRUCTION BONITA Construction------- Count: 6; 6/ '42= 14.29"1. . :~::=~v~::~:e~:~~".."CTION CORP :~~::O C6~~-SUB~U_R~ACE DRAIN -- . 234~-42--.l- Construction -----(;0"ot:14-;-- 14/- 94 = 14.89%' G S VALLEY GRADING. INC VISTA GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS C3930 PAVEMENT REINFORCING FAB 23411 94 LORI R LOVETT., G.."E~L ENGINEERING "C)__\'I"'G..HTWOOO . FRANK & SON PAVING, 'NC. CHULAVISTA ConstructIon Count: 3; 3/ 42= 7.14%' JFTEJEDACOMPANY ELCAJON .---- - ------- -- --- . ---- OROPEZA CONSTRUcr'ON BONITA C6900 DOWNDRAIN 23491 42 STAR PAVING CORPORATION SAN OIEGO BERT W SALAS, INC SANTEE ConstruCtion' - - --- - Count: 4; 4/ 94 = 4.26%' CONTRERAS CONSTRUCTION CO. INOIO ---- GSVALLEYGRAOING,INC VISTA I c.39.40-"-~E~"ttA1..! C()NCRE:r_E~ 23411 94 LORI R. LOVETT. GENERAL .E.NG.'NEER'NG CO WR.'GHTWOOO A C OIKE CO LINCOLN MILLIGAN BACKHOE SERVICE SAN DIEGO G S VALLEY GRADING, INC VISTA Constructlon- -------- - -- - Count:-S:-S¡-;¡Z = 11.90% . INTERWESTPACIFIC,LTO SOLANA BEACH n__--__- ------------ r'. JRPINAASPHALTPAV'NG SAN MARCOS C7000 PLASTIC PIPE 23491 42 J. F TEJEDA COMPANY EL CAJON AMERI.MEX PLUMBING. INC CHULA VISTA I OROPEZA CONSTRUCTION BONITA BERT W SALAS, 'NC SANTEE ROMERO GENERAL CONSTRUCT'ON CORP. ESCONDIDO C & L CONSTRUCTION, INC ALP'NE STAR PAVING CORPORATION SAN OIEGO G S VALLEY GRAOING, INC VISTA . Constructi;;nU-------~--- Count: 8; B/ 94= 8.51%' GIM GENERAL ENG'NEERING CONTRACTOR ENCINITAS =----- "_n --==---- -------- PACIFICA CONTRACTING, INC. SANOIEGO HiQhwav & Street Const All DBE's NArcs DBE's TRILOG.".':.'LA"",S,,_APING -- SAN DIEGO No. Firms (99Censes): 101/94 26194 Construction_________.----.c:C>IJf1t:7;,__2.l.._42= 16.67%' 94 Firms = 107.45% = C7006 CORRUGATED STEEL PIPE INL 23491 42 I C1701 D.EVELOPWATERSUPPLY 2.3491 42 BA KER'.S.PORTABLEWELOING .. '. SANOIEGO . ACCURATE ENG'NEERING SAN OIEGO BERTW SALAS, INC SANTEE AMERI-MEX PLUMBING, INC CHULA VISTA C & L CONSTRUCTION.INC ALP'NE OROPEZA CONSTRUCT'ON BONITA G S VALLEY GRAOING, INC VISTA S C VALLEY ENGINEERING 'NC EL CAJON "ILL",ANBACKHOE SERVICE --- -- ----- ,_S~ OIEGD - Conslruc;¡;c;;,------- Count-'¡-u--¡/-- 42= 9.52%' ConstructIon Count: 5; 51 42= 11.90% . C6200 ALTERNATIVE PIPE CULVERT 23491 42 C7026 CORRUGATED STEELPIPE EN 23491 42 BERT W SALAS. INC SANTEE C & L CONSTRUCTION. INC ALPINE INTERWEST PACIFIC,l TO. SOLANA BEACH G S VALLEY GRADINI3,I""'----__- VISTA LORI R LOVETT. GENERAL ENGINEER'NG CO WRIGHTWOOD Construction Count: 2; 2/ 42 = 4.76%' S C VALLEY ENGINEERING INC El CAJON C7035 WELDED STEELPIPE-- - -- 42 .1 SUPER MARIO PORTABLE WELDING ESCONDIOO 23491 . conStruction U- C-';-':;rlt, 5; 5/ 42 = 11,90%' BAKER'S PORTABLE WELDING SAN DIEGO ------ ------. - - -------- C&LCONSTRUCTION.INC ALP'NE C6650 CORRUGATED METAL PIPE (C 23491 42 G S VAllEY GRADING. INC VISTA aAKER'S PORTABLE WELDING SAN OIEGO SUPER~RIOPORTABLE WELOING E~CONDIOO . BERTW SALAS. INC SANTEE Construction Count: 4; 41 42= 9.52%' GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS SUPER MARIO PORTABLE WELOING ESCONDIDO __m_- - . - -- Construclion Count: 4; 41 42 = 9.52%' . Percentage used to calculate Goals for each contract item Exhibit F DBEI DBE.mdb (Rpt-Meth-1AA;DBE's) (Methodology -1A) /0 Page 2 ot 13 -_"n '-'----"'" ""--- -- ---.--- EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAICS CODES AND CATEGORIES '--WVorkCode Definition NAICS Code No. in GrouD WorkCode Definition NAICS Code No. in Grouo I DBE Firm Location II DBE Firm Location I C7112 REINFORCED CONCRETE SEW 23491 42 I C85°1.._PAVEMENT MARKING. 23521 417 1 C & L CONSTRUCTION, INC ALPINE PAY..CO. .SPEC.'AL TIES, INCORPORA. TE. D - CHULA VISTA, C&WOIVINGSERVICESINC NATIONAL CITY Construction Count: 1; 11 417= 0.24"/.' GSVALLEYGRAOING,INC VISTA ___no. --- .---- - - MILLIGAN BACKHOE SERVICE SAN OIEGO Paintina. Traffic Markina ~ NAICS DBE's SCVALLEYENGINEERINGINC ELCAJON No. Firms (99Censes): 4/417 3/417 WEST OIVING SER\ilCES CORONAOQ 417 Firms = 0.96% = Construction Count: 6: 6/ 42= 14.29% . C9872 SEWER CONNECTION 42 C1901 ROADWAY EXC~VA.!1.c>N 23593 116 23491 BERT W SALAS.INC SANTEE AMERI.MEX PLUMBING, INC CHULA VISTA CANTARINITRACTOR FALLBROOK COLLINS PLUMBING, INC LA MESA COFFMAN SPECIALTIES, INC SAN OIEGO G S VALLEY GRAOING, INC VISTA CONTRERAS CONSTRUCTION CO INDIO GWWAGNERPLUMBING CHULAVISTA FRANK & SON PAVING. INC. CHULAVISTA S C VALLEY ENGINEERING INC EL CAJON G S VALLEY GRAOING, INC VISTA Construction Count: 5; 51 42= 11,90"/. . GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS ~~=,--~~c=~'c~----- -- INTERWEST PACIFIC, L m. SOLANA BEACH Pipeline Canst All DBE's NAICS DBE's J. FTEJEOACOMPANY ELCAJON No. Firms (99Censes): 58/42 22/42 LORIRLOVETT,GENERALENGINEERINGCO WRIGHTWOOO 42 Firms = 138.10% = MILLIGAN BACKHOE SERVICE SANOIEGO MJC CONSTRUCTION CHULA VISTA C6811 E~(;~[)~.!I..._---- 23499 104 OROPEZA CONSTRUCTION BONITA G S VALLEY GRAOING, INC VISTA R D H BACKHOE SAN OIEGO ConStruCiión---'-----Caunt: 1: 1/ 104= 0,96%' ROMERO GENERAL CONSTRUCTiON CORP ESCONOIDO ____un . - - - Is C VALLEY ENGINEERING INC EL CAJON C6815 HORIZONTAL DRAIN .... 23499 104 --. - - - - -- u_-: ---:---- -- - . I. ... . -------.-.-.. .------- . . Coostructlon Caunt.16, 161 116- 13,79Y. . GSVALLEYGRADING.INC VISTA ---- ---.. --. , CD~structión----' ----COu-~t;-1:-1/W4= 0,96%' C1910 GRADING 23593 116 _I BERT W SALAS, INC SANTEE ':681!1_-"II!E,R F!SRIC_- - '-_u- 23499 104 CANTARINITRACTOR FALLBROOK G S VALLEY GRAOING.INC VISTA CATS EXCAVATING, INC SAN OIEGO I CDn~'ruciiO"---- - . --:-----(;0,,;'1: 1 1/ - 104= 0.96%' CONTRERAS CONSTRUCTION co. INDIO ---- _n - u_u_- - n u_-- - CONTRERAS TRACTOR RENTAL VISTA C72~_- ROCK..SL()PE PRO.!.ECTION 23499 104 FRANK & SON PAVING. INC CHULA VISTA BERT W SALAS.INC SANTEE G S VALLEY GRAOING. INC VISTA CANTARINITRACTOR FALLBROOK JF.TEJEDACOMPANY ELCAJON G S VALLEY GRADING, INC VISTA LORI R LOVETT, GENERAL ENGINEERING CO WRIGHTWOOD GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS MJC CONSTRUCTION CHULA VISTA LORI R. LOVETT, GENERAL ENGINEERING CO WRIGHTWOOD R D H BACKHOE SAN OIEGO SCHEIOEL.CONTRACTING AND ENGINEERING, LA MESA STAR PAVING CORPORATION SAN DIEGO Construction---- ------'Count: 6-; 61 104= 5.77%' Cons,;UC¡ion - n -C';;mt:12;----¡Z¡-m= 10.34"/. . ---------- ----.----.--.------- C7215 CONCRETED-ROCK SLOPE PR 23499 104 C1920 STRUCTURE~C~Y_ATIQ.N.. 23593 116 BERT W SALAS, INC SANTEE A C DIKE CO LINCOLN CANTARINI TRACTOR FALLBROOK BERT W SALAS, INC SANTEE LORI R LOVETT. GENERAL ENGINEERING CO WRIGHTWOOD CATS EXCAVATING, INC SAN OIEGO SCHEIDEL.CONTRACTING ANO ENGINEERING. LA MESA COFFMAN SPECIALTIES, INC SAN OIEGO Construction .- -------Co';;;¡~ 4: 4/ 104= 3.85%' CONTRERAS CONSTRUCTION co INDia --~- - ~-'~~_.__..-~---.- G S VALLEY GRAOING, INC VISTA All other Const All DBE's NAICS DBE's GRANITE OEVELOPMENT COMPANY EL CAJON No. Firms (99 Censes): 13/104 61104 INTERWESTPACIFIC,LTD SOLANA BEACH 104 Firms = 12.50% = LORI R LOVETT, GENERAL ENGINEERING CO WRIGHTWOOO MIlliGAN BACKHOE SERVICE SAN OIEGO C0685 PAVEMENT MARKERS 23521 417 MJCCONSTRUCTION CHULAVISTA ABLE 2 BARRICADE, INC NORTH PALM SPRINGS OROPEZA CONSTRUCTION BONITA ACME SAFETY & SUPPLY CO. LLC SAN DIEGO RDHBACKHOE SANOIEGO ConstrU-CiiOn--------- - Count~--2;2/41i = 0.48%' S C VALLEY ENGINEERING INC EL CAJON --u_------------. ---- .----- ------ - SUNSHINEOEVELOPMENT ELCENTRO I C 840....6_PAlNT.,~...D....T!W'. F.I.C. STRIPE..,~...M ....2352.1. "... .417 l.c:onSt;tJ"ctlon-__--===_--c,;unt15; .15t--1~6..=: 12.93% . PAYCO SPECIALTIES, INCORPORATED CHULA VISTA ---. -- - -- --- - --- -_u Î Construction - ------ Count: 1 __~/__417=_0.24%' . Percentage used to calculate Goals for each contract item Exhibit F DBEI DBE.mdb (Rpt-Meth-1AA:DBE's) (Methodology - 1A) /Ö -- ¥ò Page 3 of 13 ------.- -'-- ------- '-- EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAICS CODES AND CATEGORIES /,"'ìWOrl<Code Definition NAICS Code No. in GrouD Worl<Code Definition NAICS Code No. in Grouo t DBE Firm Location II DBE Firm Location I C1925 SHAPED BEDDING 23593 116 C1980 IMPORT~[)BORROW 23593 116 CONTRERAS CONSTRUCTION CO. INOIO A C OIKE CO LINCOLN G S VALLEY GRADING, INC VISTA CANTARINITRACTOR FALLBROOK INTERWESTPACIFIC,LTD. SOLANA BEACH CATSEXCAVATING,INC SANOIEGO LORI R. LOVETT. GENERAL ENGINEERING CO WRIGHTWOOD COFFMAN SPECIALTIES. INC SAN OIEGO - .-. ---_._-~----------- Construction Count: 4; 41 116= 3.45"1.' CONTRERAS CONSTRUCTION CO. lNOIO GSVALLEYGRAOING.INC VISTA C1930 STRUCTURE BACKFILL 23593 116 INTERWEST PACIFIC, LTD. SOLANA BEACH ACOIKECO LINCOLN J.F.TEJEOACOMPANY ELCAJON BERT W SALAS,INC SANTEE WC CONSTRUCTION CHULA VISTA CATS EXCAVATING, INC SAN OIEGO OROPEZA CONSTRUCTION BONITA CONTRERAS CONSTRUCTION CO INOIO ROMERO GENERAL CONSTRUCTION CORP. ESCONOIOO G S VALLEY GRAOING, INC VISTA SIM ENGINEERING INC. FALLBROOK INTERWEST PACIFIC, L TO SOLANA BEACH Construction' - -- Count: 12 ;--121116 = 10.34"1. . LORI R LOVETT GENERAL ENGINEERING CO WRIGHTWOOD ----------------------------- MILLI";'NBACK~OESERVICE SAN DIEGO ~~__H1.GHWAY_P~TING -- 23593 116 R 0 H BACKHOE SAN OIEGO C L ENTERPRISE JAMUL S C VALLEY ENGINEERING INC EL CAJON HARO'S LANOSCAPE INC VISTA SIM ENGINEERING INC. FALLBROOK HYDROSPROUT. INC. LAWN' SLOPE SEEDIN ESCONDIDO Co~-;¡truction ----.----- - -Count: 11; -~16= 9.48%' OROPEZA CONSTRUCTION BONITA SCHEIOEL.CONTRACTING ANO ENGINEERING. LA MESA C1941JE1.!c:Ii~SEXCAVATI(}i'I- 23593 116 TRILOGY.1LANOSCAPING SANOIEGO ACOIKECO LINCOLN Construct"'~--- - --Count: 6; --6/-'-16= 5.17%' BERT W SALAS. INC SANTEE -- --- - ----. - -- - ---------- CANTARINI TRACTOR FALLBROOK C2020 SOIL_~ENDM~!S 23593 116 CONTRERAS CONSTRUCTION CO INOIO C L ENTERPRISE JAMUL FRANK' SON PAVING, INC CHULA VISTA HARO'S LANDSCAPE INC VISTA G S VALLEY GRAOING, INC VISTA HYOROSPROUT, INC. LAWN' SLOPE SEEOIN ESCONOIOO INTERWEST PACIFIC, L TO. SOLANA BEACH OROPEZA CONSTRUCTION BONITA J. F. TEJEOA COMPANY EL CAJON TRILOGY. 1 LANDSCAPING SAN DIEGO LORI R. LOVETT. GENERAL ENGINEERING co WRIGHTWOOO Construction Cou~5T-i16 = 4.31 % . MILLIGAN BACKHOE SERVICE SANOIEGO - -- ------- -.------- WCCONSTRUCTION CHULAVISTA C2021 HYDROSEEDING 23593 116 PACIFICACONTRACTING.INC SAN OIEGO C L ENTERPRISE JAMUL R 0 H BACKHOE SAN OIEGO HARO'S LANOSCAPE INC VISTA S C VALLEY ENGINEERING INC EL CAJON HYOROSPROUT.INC LAWN' SLOPE SEEDIN ESCONOIOO --- -- -------- SIM ENGINEERING INC FALLBROOK Construction Count: 3; 31 116= 2.59%' STAR PAVING CORPORATION SAN DIEGO Co,;s¡;:;,ction----'--- Count: 16; 161 116= 13,79%' C2030 EROSIONCONTR(}l,.. 23593 116 --- ---- _u C L ENTERPRISE JAMUL C1970 EMBANKMENT COr.,¡S!RUCTIO 23593 116 CANTARINITRACTOR FALLBROOK CANTARINI TRACTOR FALLBROOK CONTRERAS TRACTOR RENTAL VISTA CATS EXCAVATING,INC SAN OIEGO GlM GENERAL ENGINEERING CONTRACTOR ENCINITAS COFFMAN SPECIALTIES, INC SAN OIEGO HYOROSPROUT, INC. LAWN' SLOPE SEEOIN ESCONDIDO CONTRERAS CONSTRUCTION CO INDIO LORI R LOVETT, GENERAL ENGINEERING CO WRIGHTWOOO GSVALLEYGRAOING,INC VISTA OROPEZA CONSTRUCTION BONITA GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS S C VALLEY ENGINEERING INC EL CAJON INTERWEST PACIFIC, L TO. SOLANA BEACH TRILOGY. 1 LANDSCAPING SAN OIEGO n--- - - _u_-------- - LORIRLOVETT.GENERALENGINEERINGCO WRIGHTWOOD Construction Count: 9; 91 116= 7,76%' MILLIGAN BACKHOE SERVICE SANOIEGO -~ ~-=~----------=----- OROPEZA CONSTRUCTION BONITA Gradina All DBE's NAICS DBE's ROMERO GENERAL CONSTRUCTION CORP ESCONDIOO No. Firms (99Censes): 122/116 291116 ~I~~~~I~~:;,:~~:;'NGINC ~~~~:;OK 116 Firms = 105.17% = Constructio~-------Co-unt:13; 13iu116= 11.21%' CO67.o...-"~~__-- ----- 32612 11 ----------- ---- ABURTO MARINE' INDUSTRJAL SUPPLY SAN DIEGO ACTION VALVE' FITTING, INC CHULA VISTA C M DISTRIBUTORS. INC ESCONDIDO IMPERIAL IRRIGATION SUPPLY. INC. ESCONDIOO INn FABRICATORS. ENGRS. INC HEBER JARKON INDUSTRIES JAMUL SUPER WELO~NG OF SOUTHERN CALIFORNIA,_- SAN OIEGO Construction CDunt: 7; 71 11 = 63.64% . . Percentage used to calculate Goals for each contract item Exhibit F DBEI DBE.mdb (Rpt-Meth-1AA;DBE's) (Methodology - Page 4 of 13 ----...----.-- ---- EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAICS CODES AND CATEGORIES r-,WorkCode DefinlUon NAICS Code No. In Grouo WorkCode DefinlUon NAICS Code No. in Grouo I DBE Firm Location II DBE Firm Location I Pipes ~ NAICS DBE's Real Estate Services All DBE's NAtCS DBE's No. Firms (99 Censes): 7/11 7/11 No. Firms (99 Censes): 3/268 3/268 11 Firms ;63.64% ; 268 Firms ;1.12%; C0651 C::()N_C~'fE & CEMENT 32731 46 C9670 TRUCK RENTAL 53212 43 ABURTO MARINE &INDUSTRIAL SUPPLY SAN OIEGO GEORGE ALVARADO TRUCKING CALEXICO KENROB. INC Construction Count: 1: 11 43; 2.33\!.' Construction Count: 2/ 46; 4.35%' C9771 TRUCK BROKER 53212 43 Concrete and Cement All DBE's NAICS DBE's CANTARINITRACTOR FALLBROOK No. Firms (99Censes): 2/46 2/46 DON FAIN TRUCKING LAKESIOE 46 Firms ; 4.35%; GEORGE ALVARADO TRUCKING CALEXICO GUILLORY TRUCKING HESPERIA C06!8.__!'..l!~~G MATERIAL_- 44419 237 JOHN'S EQUIPMENT RENTAL LAKESIOE ABURTO MARINE & INOUSTRIAL SUPPLY SAN DIEGO PEPPER TRUCKING INC RAMONA CONSTRUCTION MATERIALS & SERVICES. INC SAN MARCOS SMITH TRUCKING COMPANY HESPERIA MARTINEZ SUPPLY INC. SAN DIEGO TERRA EQUIPMENT CORPORATION SAN MARCOS Constructio~ -- -- -~-- -Coo;;t: . 3-: - - 3 ¡ -- 237; 1.27% * w.ELI<T".UCKIN()' '",C___- ---~~9-"-~- ~~~~~ '~n.__--_~-~_C~C-- Construction Count: 9; 91 43; 20,93% * Buildina Matr Dealers ~ NAICS DBE's C9907'CONSTRUCTICIN EQÙIPMENT---- ---- 43 No. Firms (99 Censes): 31 237 3/237 BURNSAN~;ONSTRc-CK~NG, INC--- SPRIN:~:L~:Y 237 Firms ; 1.27%; CONTRERAS TRACTOR RENTAL llSTA C9602 BOTTOM DUMP TRUCKING 48411 118 GSVALLEYGRAOING.INC VISTA CANTARINI TRACTOR FALLBROOK HUDSON SAFE.T.LlTE RENTALS SAN OIEGO GEORGE ALVARADO TRUCKING CALEXICO PACIFIC"CO_NTRACT'N<3:'Nc;:_- - ~SANDIEGO- GUILLORYTRUCKJNG HESPERIA Construction ___...E°unt~__,_.~43_~ ...!1.'&~'--*- ~~P~~':T::~~~~:~NC ~~~~N C9908 HEAVY EQUIPMENT RENTAL 53212 43 R FIGUEROA TRUCKING CATHEORAL CITY BURNS AND SONS TRUCKING, INC SPRING VALLEY l-co,;s¡;uCtiO,;-=~'::=--=:"----~ount 6 61 '-'8; 5.08% * ~~:~:~':;~:;'~~~RRENTAL :~~:ROOK IC.96..0~£...LA.TBED...:r..~.UC::K.I.N." 48411 1181 GSVAL,LEYGRADING"NC VIS..TA MC LEOD TRUCKING EL CAJON PACIFICA CONTRACTING. INC. SAN OIEGO -- - --___n -- --- SIM ENGINEERING INC. FALLBROOK Construction Count: 1 1/ 118; 0.85% * - ------. ._---. ConstructIon Count: 6; 61 43; 13.95% . C9774 TRUCKER 48411 118 ~~-~-~c_---- nBUR~~~;';-~~;-;R-~~I;;~.-INC SPRING VALLEY TruckRental All DBE's NAICS DBE's CANTARINI TRACTOR FALLBROOK No. Firms (99 Censes): 21 I 43 15/43 DON FAIN TRUCKING LAKESIDE 43 Firms ; 48.84% ; GEORGEALVARAOOTRUCKING CALEXICO C0620 LANDSCAPING & NURSERY 701 GUILLORYTRUCKJNG HESPERIA ---------------- 56173 JOHN'S EQUIPMENT RENTAL LAKESIDE HARO'S LANOSCAPE INC. VISTA MCLEOOTRUCKING ELCAJON IMPERIALIRRIGATIONSUPPLY.INC ESCONDIDO PEPPER TRUCKING INC RAMONA OUCHI NLJR~""--_- -- _____--'-AN OIEGO R FIGUEROA TRUCKING CATHEDRAL CITY Construction Count: 3; - 3/70'; 0.43%' TERRA EQUIPMENT CORPORATION SAN MARCOS WEeK TRUCKING. INC. EL CAJON LandscapinQ All DBE's NAICS DBE's ConstructiOn--- _n- CDunt11; 11/ '18; 9.32% * No. Firms (99Censes): 3/701 3/701 =---:---=~ --- 701 Firms ; 0.43% ; Truckma No. Firms (99 Censes): Construction . All DBE's' NAICS DBE's 118 Firms ;15.25%; Total No,ofFirms (99Censes): 355/2197 130,/2197 C8750 REAL ESTATE 53139 268 2197 Firms ;16,16% ;5,92% BERNARD JOHNSON GROUP, THE SAN OIEGO HOOPER LAND COMPANY FALLBROOK WIGGANS, JANE L. SRIWA OCEANSIOE - ------~------ - --- - Construction Count: 3; 31 268; 1,12% * . Percentage used to calculate Goals for each contract item Exhibit F DBE/DBE.mdb(Rpt-Meth-1M;DBE's) (Melhodology-1A) /0 ---7~ --- --- Page50f 13 ------------,_. EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAICS CODES AND CATEGORIES "-"'\WorkCode Definition NAICS Code No. in Grouo WorkCode Definition NAICS Code No. in GrouD I -- DBE Firm Location II DBE Firm Location I Professional & Technical Services C870S DESIGN 54133 860 APEX GEOTECHNOLOGY, INC SAN OIEGO C8704 ARCHITECTURAL 54131 287 ARCHITECTURAL SIGNS 'GRAPHICS,INC. SANOIEGO DR v OESIGN SAN OIEGO ARTEFACT OESIGN- CARDIFF DARSONO OESIGN ASSOCIATES SAN OIEGO BILL YEN' ASSOCIATES. INC SAN OIEGO ESAO SUMIDA ARCHfTECT, INC ENCINITAS CRUZ ESTRELLA'S CAOO' ORAFTING SERVIC <;AN OIEGO HOWARD-SNEEO INTERIOR ARCHITECTURE SAN OIEGO 0 R V OESIGN SAN OIEGO J R ROMERO CONSTRUCTION CO SAN OIEGO OARSONO DESIGN ASSOCIATES SAN OIEGO JOSEPH WONG DESIGN ASSOCIATES.INC SAN OIEGO DCIGISCOM. LLC SAN OIEGO MANUEL ONCINA ARCHITECT,INC LA JOLLA ERB ENGINEERING, INC. POWAY MARTINEZ. CUTRI 'MC AROLE SAN OIEGO EROSION CONTROL SPECIALISTS JAMUL MEsaUITA' ASSOCIATES, INC. SAN OIEGO GARBINI' GARBINI LANDSCAPE ARCHfTECTU SAN OIEGO MICHELE MC LAIN, AlA SAN MARCOS GERALDO R IGLESIA PHD SAN OIEGO MJK ARCHITECTURE' PLANNING SAN OIEGO HOWARD-SNEEO INTERIOR ARCHITECTURE SAN DIEGO NELLE ARCHITECTURE OEL MAR J R ROMERO CONSTRUCTION CO SAN OIEGO PLATTIWHITELAW ARCHITECTS. INC SAN DIEGO JO'S PLANTS 'N' THINGS VICTORVILLE RODRIGUEZ PARK SAN OIEGO JP ENGINEERING,INC SAN OIEGO ROESLING NAKAMURA ARCHITECTS. INC SAN OIEGO KANRAO ENGINEERING. INC. SAN OIEGO SAFOIE RABINES ARCHfTECTS SAN OIEGO KTU' A LANDSCAPE ARCHITECTS' PLANNER SAN DIEGO WARNER ARCHITECTURE' OESIGN SAN OIEGO LlmYEOT, MCCOLL' ASSOCIATES SAN DIEGO PrOfe~'ional & Technical Se"'i¿~;'-COunt: 17 ~-2á ~ 5.92%' LOPEZ ENGINEERING SAN OIEGO - ---.-.------- MANUELONCINA ARCHITECT,INC LA JOLLA C:1!7'16_~_I!ITECTURAL-~(¡IN_E~__- 54131 287 MICHAEL.ALLEN ASSOCIATES SAN OIEGO MORAESIPHAM' ASSOCIATES CARLSBAD MICHELE MC LAIN, AlA SAN MARCOS PARAS' ASSOCIATES BONSALL MJK ARCHITECTURE' PLANNING SAN OIEGO ROORIGUEZ PARK SAN OIEGO MORAESIPHAM' ASSOCIATES CARLSBAD TEZA-,,"SIG"---n_--------___LA_,"-ESA- - ONA,INC SAN DIEGO Profe"ional & Technical Se",ice, Count: 4: 4/ 287 ~ 1,39%' PARAS , ASSOCIATES BONSALL - -- -- PARTERRE SAN DIEGO Arch All DBE's NAICS DBE's PLATTIWHITELAW ARCHITECTS. INC SAN DIEGO ~ Firms (99 Censes): ----z1i2B7 20/287 PROFESSIONAL CONSULTING GROUP SPRING VALLEY 287 Firms ~ 7.32% ~ :'~:A:DBRAOY'ASSOC'ATES :~~::~~ C8609 TRAFFICCOUNTSTATION 54133 860 ROORiGUEZPARK SAN DIEGO SYNERGY ELECTRIC COMPANY INC SANTEE ROESLING NAKAMURA ARCHITECTS. INC SAN OIEGO Pmfe"iOnal&TechnicalS;;,v¡c~;---Coun¡'-1' --1¡- 860~ 012%' SAFDIERABINESARCHITECTS SAN DIEGO -- --------------'----'- -- ------ . SIMON WONG ENGINEERING SANOIEGO I. C,. 8.-.~1.0..... SPE._E.-.D. MONIT.o.....R:.I..~(;S.T.. A. TIO.N..... 5413.3.. 860 ~ SOUTHLANO GEOTECHNICAL CONSULTANTS ELCAJON SYNERGY ELECTRIC COMPANY INC SANTEE TESHIMA OESIGN GROUP SAN DIEGO Pr¿f~"¡ó~e¡ i. 'Techn¡æ¡-i;e,v,c';; -- (;')U-';t:- -,-. - 1-/ 860 ~ 012%' TEZA DESIGN LA MESA - -- . '--------' TRAN CONSULTING ENGINEERS SANOIEGO C8.6.11 RAMP METERING SYSTEM 54133 860 I VICTOR GARCIA ENGINEERING SANOIEGO GIM GENERAL ENGINEERING CONTRAC:;;;- ENCINITAS ..... WARNER AR. CHITECTURE' D. ESIGN SAN OIEGO SYNERGYELECTRIC COMPANY INC SANTEE WEST CONSULTANTS. INC SAN OIEGO PróiesSiOn;;¡&T~Chnical S~';'ice' Count: -21 860 = 0,23%' WIEBER NEL~()N OESIGN SAN OIEGO -- ------ Pmfe",onal&Techn.caISe"'.ces Count:44: 441 860~ 5,12%' C8703 TRAFFIC ENGINEER 860 I - ----------- - ------ 54133 C8706 DESIGN BRIDGES 860 UNTVEDT. MCCOLL & ASSOCIATES SAN DIEGO - --------- 54133 TRAN CONSULTING ENGINEERS SANDIEGO. PARAS' ASSOCIATES BONSALL Profe"io"a¡ & Teèhnièálser;ice;-Count-Z:--ZI860 ~ 0,23%' ~:~~\:~'~~~~:CEHE:~~;S ~:~ ~:~~~ TRAN CONSULTING ENGINEERS SAN OIEGO UNIVERSAL STRUCTURES SOLANA BEACH VICTOR GARCIA ENGINEERING SAN OIEGO m_- ,------- Pmfe"ional&TechnicaISe",ices Count: 6: 61 860= 0.70"1.' ---- . Percentage used to calculate Goals for each contract item Exhibit F DBEI DBE.mdb (Rpt-Meth-1AA:DBE's) (Methodology-1A) /0 -Y3 Page60f 13 -----.-.. , EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAiCS CODES AND CATEGORIES /"'WorkCode Definition NAICS Code No. in GrouD WorkCode Definition NAICS Code No. in GrouD I DBE Firm Location II DBE Firm Location I C8707 FEASIBILITY STUDIES 54 133 860 C872_o._(;VIL ENGINEERI~~~__-- 54133 860 BERN~RO JOHNSON GROUP, THE SAN OlEGO AGUIRRE ENGINEERING, INC. LA MESA C. JONES' COMPANY SAN OlEGO APEX GEOTECHNOLOGY. INC SAN OIEGO 0 R V OESIGN SAN OlEGO BILL YEN' ASSOCIATES, INC SAN OlEGO ERB ENGINEERING, INC. POWAY ERB ENGINEERING. INC POWAY ESKINOER BERHANU' ASSOCIATES SAN DIEGO EROSION CONTROL SPECIALISTS dAMUL ESTRAOA . KEA PARTNERSHIP SAN DIEGO GERALDO R IGLESIA PHO SAN OIEGO GERALDO R IGLESIA PHD SAN DIEGO JP ENGINEERING,INC SAN DIEGO HERITAGE RESOURCES RAMONA L K S' ASSOCIATES SAN DIEGO HUNTER PACIFIC GROUP SAN OIEGO LlNTVEDT, MCCOll. ASSOCIATES SAN DIEGO JNE . ASSOCIATES SAN OIEGO PARAS. ASSOCIATES BONSAll JP ENGINEERING,INC SAN DIEGO R B K A SAN DIEGO KANRAO ENGINEERING, INC. SAN DIEGO RICHARD BRAOY' ASSOCIATES SAN OIEGO KTU +A LANOSCAPE ARCHITECTS' PlANNER SAN OIEGO SOTA ENVIRONMENTAl TECHNOLOGY. INC. SAN OIEGO L K S' ASSOCIATES SAN OlEGO TRAN CONSULTING ENGINEERS SAN OIEGO LlNTVEDT, MCCOll. ASSOCIATES SAN DIEGO TRANSCONTINENTAL ENTERPRISES RAMONA LOPEZ ENGINEERING SAN DIEGO UNIVERSAL STRUCTURES SOLANA BEACH MARQUEZ. ASSOCIATES BIOLOGICAL CONS CHULA VISTA VICTOR GARCIA ENGINEERING SAN OIEGO MARTINEZ. CUTRI' MC AROLE SAN DIEGO WESTCONSULTA"TS:.'~_- - SAN OIEGO MORAESIPHAM. ASSOCIATES CARLSBAD Prolessional & Technical 5e",ices Count: 18: 181 860 = 2.09%' ONA, INC. SANOIEGO -- - --.--------.- - ~~ PARAS . ASSOCIATES BONSAll C8721 Rlc;ti!.()F v.'AY ENC>'-"I~ER 54133 860 PARTERRE SAN OIEGO BERGGREN AND ASSOCIATES SAN DIEGO PROFESSIONAl CONSULTING GROUP SPRING VALLEY HOOPER LAND COMPANY FALlBROOK R B K A SAN DIEGO JP ENGINEERING, INC SAN DIEGO ROORIGUEZ PARK SAN DIEGO LlNTVEDT, MCCOll' ASSOCIATES SAN OIEGO ROESLING NAKAMURA ARCHITECTS, INC SAN DIEGO TRAN CONSULTING ENGINEERS SAN OlEGO SCIENTIFIC RESOURCES ASSOCIATED SAN DIEGO PrOfessional& Technical Se"'ic~- - (;ounI:5;-5/- 860 = 0,58%' SIMON WONG ENGINEERING SAN OIEGO --, -- ------------- - --------------- SOUTHLAND GEOTECHNICAL CONSULTANTS ELCAJON C8740 ELECT~Ic:..AJ"EI,GINEERS_- 54133 860 THE KEESE COMPANY SAN OIEGO KANRAO ENGINEERING, INC. SAN OIEGO TIERRA ENVIRONMENTAL SERVICES, INC SAN DIEGO LOPEZ ENGINEERING SAN OIEGO TRAN CONSULTING ENGINEERS SAN DIEGO MORAESfPHAM. ASSOCIATES CARLSBAD VICTOR GARCIA ENGINEERING SAN OIEGO PACIFIC ELECTRONICS SAN OIEGO - --- ----. .., ---------------- Professional & TechnicalSe",ices Count: 33: 331 860= 3.84%' Protessional & Technical Se",ices Count: 4: 4/ 860= 0.47%' - ------- - - -- - - -- . - .~------- C8710E."I.(¡INEERING 54133 860 EnQin -~ - - All ~BE'S- NAICS DBE's ALUEOGEOTECHNICALENGINEERS,INC SANTEE No. Firms (99Censes): 138/860 70/860 APEXGEOTECHNOLOGY.INC SANOIEGO 860 Firms = 16.05% = BILL YEN' ASSOCIATES. INC SAN OIEGO ERBENGINEERING,INC POWAY C8765 DRAFTING ---------- 54134 25 EROSION CONTROL SPECIALISTS JAMUL CRUZ ESTRELLA'S CADD' DRAFTING SERVIC SAN DIEGO GERALOO R IGLESIA PHO SAN OIEGO 0 R V DESIGN SAN DIEGO INn FABRICATORS' ENGRS. INC HEBER OCfGISCQM. LlC SAN DIEGO JP ENGINEERING,INC SAN OIEGO ERB ENGINEERING,INC POWAY K2 ENGINEERING INC SAN OIEGO GERALDO R IGLESIA PHD SAN OIEGO KANRAO ENGINEERING, INC. SAN OIEGO J R ROMERO CONSTRUCTION CO SAN DIEGO L K S. ASSOCIATES SAN OIEGO JOSE E. PEREIRA PLUMBING' FIRE SPRINKLE SAN OlEGO MORAESfPHAM & ASSOCIATES CARLSBAO JP ENGINEERING. INC SAN DIEGO PARAS. ASSOCIATES BONSAll KANRAD ENGINEERING.INC SAN OIEGO RBKA SAN DIEGO MANUELONCINA ARCHITECT,INC LA JOLLA RICHARD BRADY' ASSOCIATES SAN OIEGO MARTINEZ. CUTRI & Me AROLE SAN OIEGO S C VAllEY ENGINEERING INC EL CAJON MORAE5IPHAM, ASSOCIATES CARLSBAD SIMON WONG ENGINEERING SAN DIEGO PARAS' ASSOCIATES BONSAll SOTA ENVIRONMENTAL TECHNOLOGY, INC SAN OlEGO PARTERRE SAN OIEGO TEZA OESIGN LA MESA RODRIGUEZ PARK SAN DIEGO TRAN CONSULTING ENGINEERS SANOIEGO SAFOIERABINESARCHrTECTS SAN DIEGO VICTOR GARCIA ENGINEERING SAN OIEGO TEZA DESIGN LA MESA WEST CONSUL TA-"TS, INC - -- -------- SAN OIEGOn- - TRANSCONTINENTAL ENTERPRISES RAMONA Professional & Technical Se",ices Count: 22: 22/ 860= 2,56%' WORKHORSE CONSULTING CARLSBAO ---- ------- - --------- Professional & Technical Se",ices Count: 19: 19/ 25 = 76.00% . ----~~-- . Percentage used to calculate Goals for each contract item Exhibit F DBEI DBE.mdb (Rpt-Meth-1AA:DBE's) (Methodology - 1A)/O Page 7 Df 13 EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAICS CODES AND CATEGORIES /'~' %WorkC0de Definition NAICS Code No in Group WorkCode Definition NAICS Code No. in Grou ,DBE Firm Location. II DBE Firm Location Draftin,q All DI~E's NAICS DBE's 08711 COMPUTER 54151 1030 No. Firms (99Censes): 19/ 25 19/25 SlLLY~N&A-.'.'.'.'.'.'.'.'.~OO~ATES,~NC SANDIEGO 25 Firms : 76.00% BREAKWATER CONSTRUCTION RAMONA C I C RESEARCH, INC SAN DIEGO C0700 CONSTRUCTION STAKING 54137 51 CRUZ ESTRELLA'S CADD & DRAF~FING SERVlC SAN DIEGO BERGGREN AND ASSOCIATES SAN DIEGO CYBERWtRE CHULA VISTA DYE SURVEYING, INC. LA MESA DECISION & INFORMATION SYSTEMS, INC, SAN DIEGO ERB ENGINEERING, INC. POWAY E REIDER ENTERPRISES SAN DIEGO JP ENGINEERtNG. INC SAN DIEGO GERALDO R IGLESIA PHC SAN DIEGO Profession--~l & Technical S~r~ices Count: 4; 4 / 51 = 7.84% KTU *~ A LANDSCAPE ARCHITECTS & PLANNER SAN DIEGO - DNA, INC SAN DIEGO C8101 SURVEY OR HISTORICAL MON 54137 51 PERSONAL COMPUTER SPECLALIST SANDIEGO ERB ENGINEERING. INC. POWAY SOFTCOMM SAN DIEGO ROBERT ZALDIVAR MASONARY RAMONA TERRA VISION, M.C. CARLSBAD Professional & Technical Services Count: 2; 2 / 51 = 3.92% UNIVERSAL STRUCTURES SOLANA BEACH ....... WEST CONSULTANTS. INC SAN DIEGO C8201 OBJECT MARKER 54137 51 Profes-si-onal&TechnicaIServices Count:15; 15/ 1030= t.46% PAYCO SPECIALTIES. INCORPORA~D CHULA VISTA Profession~{&~chnicalServices ~ount: 1; 1/ 51= 1.96% ¢omputor AIIDBE's NAICSDBE's ........ No. Firms (99 Cerises): 22/ 1E+ 19/1E+ C8760 SURVEYOR 54137 51 E+03 Firms = 2.14% BERGGREN AND ASSOCIATES SAN DIEGO B~LL YEN & ASSOCIATES. INC SANDIEGO C8701 BUSINESS ADMINISTRATION 54161 734 DYE SURVEYING, INC. LA MESA BREAKWATER CONSTRUCTION RAMONA ERS ENGINEERING. INC POWAY C. JONES & COMPANY SAN DIEGO JP ENGINEERING. INC SAN DIEGO E REIDER ENTERPRISES SAN DIEGO LIN~VEDT, MCCOLL & ASSOCIATES SAN DIEGO GERALDO R IGLES[A PHD SAN DIEGO Professional & TechnicaJ Services Count: 6; 6 / 51 = 1t.76% * GONZALEZ-WHITE CONSULTING SERVICES SAN DIEGO J J DAVIS & ASSOCIATES SAN DIEGO C9826 LAND SURVEYING 54137 51 J R ROMERO CONSTRUCTION CO SANDIEGO BERGGREN AND ASSOCIATES SAN DIEGO LINTVEDT, MCCOLL & ASSOCIATES SAN DIEGO ERS ENGINEERING, INC POWAY R KING MANAGEMENT SUPPORT SERVICES SPRING VALLEY JP ENGINEERING. lNG SAN DIEGO SOFTCOMM SAN DIEGO Professional & Technical ServicesCount: 3; 3 / 51 = 5.58e/e THE KEESE COMPANY SAN DIEGO ..... ~: ~:~: Professiona~&TechnicalServices Cour~t:11; 11/ 734= '1.50% Survey All DBE's NAICS DBE's C8712 PUBLIC RELATIONS 54161 734 No. Firms (99Censes): 16/ 51 8/51 51 Firms = 31.37% c JONES & COMPANY SAN DIEGO COLLINS GROUP SAN DIEGO C8702 MANAGEMENT INFORMATION 54151 1030 OODSON AND ASSOCIATES SANDIEGO CONSOLIDATED SERVICES ENGINEERS & CON MORONGO ESTRADA & KEA PARTNERSHIP SAN DIEGO DECISION & INFORblATION SYSTEMS, INC SAN DIEGO L K S & ASSOCIATES SAN DIEGO GERALDO R IGLESIA PHD SAN DIEGO M R S & ASSOCIATES SAN DIEGO GONZALEZ-WHITE CONSULTING SERVICES SAN DIEGO OLSON COMMUNICATIONS & INST FOR MGMT SAN DIEGO J R ROMERO CONSTRUCTION CO SAN DIEGO Professi0nal & Technic~i S~r~i~; Coun[i ~i ~]' ~;34 = 0.95% SOFTCOMM SAN DIEGO THE KEESE COMPANY SAN DIEGO ProfessioneJ & Technical Services Count: 7; 7 / 1030 = 0.68% * Percentage used to calculate Goals for each contract item Exhibit F DBE/DBE.mdb (Rpt-Meth-IAA;DBE's) (M~thodol°gy- 1A)//,/~ .. ~//.~---- Page 8 of 13 EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAICS CODES AND CATEGORIES WorkC~de Definition NAICS Co~ No. in Group WorkCode Definition NAICS Code No. in Group DBE Firm Location DBE Firm Location C8770 CONSTRUCTION MANAGEMEN 54161 734 C8700 CONSULTANT ...... 54169 205 APEX GEOTECHNOLOGY. INC SAN DIEGO ALLIED GEOTECHNICAL ENGINEERS. INC SANTEE CONSOLIDATED SERVICES ENGINEERS & CON MORONGO APEX GEOTECHNOLOGY. INC SAN DIEGO CONSTRUCTION ANALYSTS. INC. CARLSBAD ARMTECH SAN DIEGO EROSION CONTROL SPECIALISTS JAMUL BAY CITY MARINE. INC NATIONAL CITY GEF~LDO R IGLESIA PHD SAN DIEGO BERNARD JOHNSON GROUP, THE -SAN DIEGO GONZALEZ-WHITE CONSULTING SERVICES SAN DIEGO BILL YEN & ASSOCIATES, INC SAN DIEGO J R ROMERO CONSTRUCTION CO SAN DIEGO BLUE FEATHER MANAGEMENT BAN DIEGO JP ENGINEERING, INC SAN DIEGO BRBAKWATER CONSTRUCTION BAMONA L K S & ASSOCIATES SAN DIEGO C I C RESEARCH. INC SAN DIEGO MJK ARCHITECTURE & PLANNING SAN DIEGO C JONES & COMPANY SAN DIEGO MOBAES/PHAM & ASSOCIATES CARLSBAD CHANGING PLACES LA JOLLA DNA. INC. SAN DIEGO CONSOLIDATED SERVICES ENGINEERS & CON MORONGO ONSlTE ENGINEERING FALLBROOK CONSTRUCTION ANALYSTS. INC. CARLSSAD PARAS & ASSOCIATES BONSALL CRUZ ESTRELLA'S CADD & DRAFTING SERVIC SAN DIEGO R B K A SAN DIEGO D R V DESIGN BAN DIEGO R KING MANAGEMENT SUPPORT SERVICES SPRING VALLEY DC/GIS.COM', LLC SAN DIEGO RICHARD BBADY & ASSOCIATES SAN DIEGO DECISION & INFORMATION SYSTEMS, INC SAN DIEGO ROGERS CONSULTING GROUP SAN DIEGO DODSON AND ASSOCIATES SAN DIEGO SIMON WONG ENGINEERING SAN DIEGO ERB ENGINEERING, INC. POWAY TESTING SERVICES & INSPECTION. INC SAN DIEGO EROSION CONTROL SPECIALISTS JAMUL THE KEESE COMPANY SAN DIEGO ESAO SUMIDA ARCHITECT, INC. ENCINITAS WORKHORSE CONSULTING CARLSBAD ESKINOER BERHANU & ASSOCIATES BAN DIEGO Professional & Technical Services Count: 22; 22 / 734: 3.00% * ESTRADA & KBA PARTNERSHIP SAN DIEGO GALLEGOS & ASSOCIATES CARLSBAD Manaqe Consult All DBE's NAICS DBE'~ GERALDO R IGLESIA PHD SANDIEGO NO, Firms (99 Censes): 40/ 734 33/734 GLOBAL ENVIRONMENTAL CONSULTING COM SANDIEGO 734 Firms = 5.45% = GONZALEZ-WHITECONSULTING SERVICES SANDIEGO HABITAT WEST ESCONDIDO 28722 ENVIRONMENTAL ENGINEER ..... 54162 79 HERITAGE RESOURCES RAMONA ALLIED GEOTECHNICAL ENGINEERS. INC SANTEE HOOPER LAND COMPANY FALLBROOK EROSION CONTROL SPECIALISTS JAMUL HOWARD*SNEED INTERIOR ARCHITECTURE SAN DIEGO ESTRADA & KEA PARTNERSHIP SAN DIEGO HUNTER PACIFIC GROUP SAN alEGO GLOBAL ENVIRONMENTAL CONSULTING COM SAN DIEGO HVAC ENGINEERING,INC. SAN DIEGO Professional & Technical Services Count: 10; 10 / 79 = 12.66% K. DUNCAN ENTERPRISES, INC. SAN DIEGO K2 ENGINEERING INC SAN DIEGO Environmental All DBE's NAICS DBE's BANP, ED ENGINEERING. INC. SAN DIEGO NO. Firms (99 Censes): 10/ 79 10/79 KRISTINE COHN C I H BAN DIEGO 79 Firms = 12.66% KYLE CONSULTtNG SAN DIEGO Percentage used to calculate Goals for each contract item Exhibit F DBE/DBE.mdb (Rpt-Meth-IAA;DBE's) (Methodology- 1A)//~) -/-(~2/~/' Page EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAICS CODES AND CATEGORIES ,r-",WorkCode Definition NAICS Code No. in Group WorkCode Definition NAtCS Code No. in Group t DBE Firm Location II DBE Firm Location I :~:::~;E::U~~H~~=~~~'~TC :~ ~:~~~ Speciality Trades ::~~~::'~~:~~~~~~~~'~~~~OUP ~;~I~~~~LLEY C1200 CONST~lJCTlONAR!,ASIGNS 23531 564 R B K A SAN DIEGO ABLE 2 BARRICAOE. INC NORTH PALM SPRINGS R KING MANAGEMENT SUPPORT SERVICES SPRING VALLEY ACME SAFETY & SUPPLY co. LLC SAN OIEGO RAY eRANOES SAN OIEGO CECILIA'S SAFETY SERVICE. INC. OEL MAR RICHARO BRADY & ASSOCIATES SAN DIEGO HUOseN SAFE.T.LlTE RENTALS SAN OIEGO RODRIGUEZ PARK SAN OIEGO NORTH STATE SIGNS FALLBROOK ROGERS CONSULTING GROUP SAN DIEGO OROPEZA CONSTRUCTION BONITA SAFOIERABINESARCHITECTS SAN DIEGO PA_CIFICELECTR()NICS SANOIEGO SCIENTIFIC RESOURCES ASSOCIATEO SAN DIEGO Speciality T",des -Count:--7;- 71 564 = 1.24%' ~:"~~~;::~~~:;::WARENESS ANO PRE ~Z'~~GO C1201 TRAFFIC c.°N,.~~YSTEM 23~;--~ SIMON WONG ENGINEERING SAN OIEGO ABLE 2 BARRICAOE. INC NORTH PALM SPRINGS SOFTCOMM SANOIEGO ACME SAFETY & SUPPLY CO, LLC SAN DIEGO SOTA ENVIRONMENTAL TECHNOLOGY, INC. SAN DIEGO CECILIA'S SAFETY SERVICE. INC. OEL MAR SOUTHLANO GEOTECHNICAL CONSULTANTS ELCAJON NORTH STATE SIGNS FALLBROOK SUNSHINE OEVELOPMENT EL CENTRO OROPEZA CONSTRUCTION BONITA TERRA VISION, M.C CARLSBAO PACIFIC ELECTRONICS SAN OIEGO TESHIMAOESIGNGROUP SANOIEGO ~A~OSP~ALTIES.INCORPORATEO CHULAVISTA TESTINGSERVICES&iNSPECTION.INC SANOIEGO Speciality Trades ---no-Count: 7;--ii' 564= 1.24"1.' ~:'K~~~~~OMPANY ~~~~E~O CI!~o2-=siGNAi:& LlGHTlNG_- .=~~--- 23~;;"" 564, .1-- THETRAININGALTERNATIVE SAN DIEGO AANOTELECTRIC SAN DIEGO TIERRA ENVIRONMENTAL SERVICES, INC SAN DIEGO BENDIX. CONTRA. C..TING. CORPO.RATION SAN DlE.GO TRAINING SUPPORT NETWORK LA JOLLA PACIFIC ELECTRONICS SAN DIEGO TRAN CONSULTING ENGINEERS SAN DIEGO PACIFICA CONTRACTING, INC. SAN DIEGO /' TRI.COUNTY DRILLING. INC SAN DIEGO S)'N~R"YELECTRIC COMPANY INC --_____SANTEE --. UNIVERSAL STRUCTURES SOLANA BEACH ..s""o-"_IityToades - ------- Count: 5; 51 564= 0.89%' VICTOR GARCIA ENGINEERING SAN DIEGO C8603 SIGNAL -__no ~ -------- -----;¡;¡ J WARNERARCHITECTURE&OESIGN SANDIEGO---- ----_____--m___- 23531 WESTCONSULTANTS,INC SAN DIEGO AANDTELECTRIC SAN DIEGO WIEBER NELSON O. ESIGN SAN OIEGO SYNERGY ELECTRIC COMPANY INC:_-.-. ---"^. N.T.,,"--_- .. WIGGANS. JANE L SRNlA OCEANSIDE Speciality Toades Count: 2; 21 564 = 0.35%' V>I()RI<H°R~~-"-O~SUL llN-"c - . - .-__~A-"LSBA[)_- C8604 LIGHTING . - - -- . - ---------5-64- _I ProfesSIonal & TechmcalSeov,ces Count: 99; 991 205= 48.29% . . 23531. - ------- AANDTELECTRIC SAN DIEGO Prof Consultant All DBE's NAICS DBE's PACIFIC ELECTRONICS SAN OIEGO No. Firms (99 Censes): 991205 991205 PACIFICACONTRACTING.INC SAN DIEGO 205 Firms = 48 29% = SYNERGYELECTRIC COMPANY INC. --"^-~- . Speciality Trades Count: 4; 41 564= 0.71%' Professional & Technical All DBE's NAtCS DBE's C860S r'H'SS_A.c>~SIGN~,=,G""'l'IN~&~ 23531 564- T Services. 365/3271 278i13271 AANOTELECTRIC SA~DIEGO otalNo.ofFlrms (99 Censes). =11.16% =8.50% ARCHITECTURAL SIGNS & GRAPHICS. INC. SAN DIEGO 3271 Firms BENDIX CONTRACTING CORPORATION SAN DIEGO PACIFIC ELECTRONICS SAN DIEGO SYNERGY ELECTRIC COMPANY INC SANTEE Speciality Trades Gount: 5; 5/ 564= 0.89%' I C8608 DETECTOR ---------- 23531 564 J SYNERGY ELECTRIC COMPANY INC SANTEE nSpec,.'rtyTr"cIe' .--':'=§~nt: i;-- 1j-Š64~=,~~.1.I'~--* Electrical Contr All DBE's NAtCS DBE's No. Firms (99 Genses): 311564 131564 564 Firms = 5.50% = C9829 RETAINER WALLS ------- 23541 141 BREAKWATER CONSTRUCTION RAMONA J W CONSTRUCTION CO. SAN OIEGO ROBERT ZALOIVAR MASONARY RAMONA Speciality Trades Gount: 3 31 141 = 2.13"1.' . Percentage used to calculate Goals for each contract item Exhibit F DBEI DBE.mdb (Rpt-Meth.1AA;DBE's) (Methodology - 1Aÿ 0 - <;/7 Page 10 of 13 -------.. -'--- -------- .-.. EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAICS CODES AND CATEGORIES . WorkCode Definition NAtCS Code No. In GrouD WorkCode Definition NAtCS Code No. in GrouD I DBE Firm LDcation II DBE Form Location I (;!j842 -','~ONR-"-___- . 23541 141 C5110 ..c:(),..~ETE SlJ_Ri'ACE FiNISH 23571 254 HAR CONSTRUCTION INC NATIONAL CITY BREAKWATER CONSTRUCTION RAMONA JOHN CAREY CONSTRUCTION CO.. INC SAN OIEGO DURAN ENTERPRISES INC APPLE VALLEY _R()BERT ZAL~IVAR MASONARY - - - u __RAMONAu- - G S VAllEY GRAOING.INC VISTA SpedalityTrades Count: 3; 31 141= 2.13%' JRCONSTRUCTlON,INC SANOIEGO PORTILLO CONCRETE ,,"ULA VISTA Masonarv. Walls All DBE's NAICS DBE's SCHEIOEL.CONTRACTING AND ENGINEERING, LAMESA No. Firms (99 Censes): 61 141 51141 STARPAVIN"".°RPORATION-- ---- --~"() 141 Firms = 4.26% = Speciality Trades ---....c;.OU_nt'..!-'---? 1 254 = 2.76"1. * (;()683 GUARD RAILINGS & BARRIERS 23571 254 c:5135 _CONCRETE B~OCK_&_MASONR 23571 254 SUPER WELOING OF SOUTHERN CALIFORNIA. SAN OIEGO BREAKWATER CONSTRUCTION RAMONA SpedalityTraoes------CoUnt,---,-¡--Zs4 = 0.39% * GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS -.------.---- JRCONSTRUCTION,INC SAN DIEGO C2BOO CONCRETE BASE ------ -- 23571 254 J. W. CONSTRUCTION CO. SAN OIEGO ARCHULETA CONCRETE CONSTRUCTION CO BERMUDA OUNES KENROB, INC SAN DIEGO COFFMAN SPECIALnES.INC SAN OIEGO WC CONSTRUCTION CHULA VISTA INTERWEST PACIFIC, L TO. SOLANA BEACH ROBERT ZALOfVAR MASONARY RAMONA J F TEJEDA COMPANY EL CAJON SCHEIDEL"",,"':RACTING ANO- ENGINEERING, LA MESA OROPEZA CONSTRUCTION BONITA Speciality Trades CDunt: 8;~= 3.15% * S C VALLEY ENGINEERING INC EL CAJON C5136 REINFORCED CONCRETE CRt 254 SAPPER CONSTRUCTION COMPANY SPRING VAllEY .- ----.----.-----.---- 23571 SUNSHINE OEVELOPMENT EL CENTRO BREAKWATER CONSTRUCTION RAMONA SpecialrtyT;a¡¡es--' -.- Co~nt:-B;-81 254= 3.15% * INTERWEST PACIFIC. LTO. SOLANA BEACH ------------------------- - JRCONSTRUCTION,INC SAN DIEGO I c:51.°1J.. CONCRE!!,_S_TF!lJCTU¡¡E -- 23571 254 SC;~EIOEl.CONTRACT",GAN-"ENGINEERING, LA ME. SA BERTWSALAS.INC SANTEE Spec.alityTrades Count: 4; 41 254= 1.57% * BREAKWATER CONSTRUCTION RAMONA C5301 AIR-BLOWN MORTAR - ------._--- 254 J C&WOIVINGSERVICESINC NATIONAL CITY 23571 DURAN ENTERPRISES INC APPLE VAllEY GIM G. E.N. ERAL ENGI.NEERING CONTRACTOR ENC. INITAS... ... HAR CONSTRUCTION INC NATIONAL CITY INTE"W".ST!.^""'C, L m - -- SOLANA BEACH JRCONSTRUCTION.INC SAN DIEGO Speciality Trades Count: 2:21254= 0.79"1. * KENROB. INC SAN OIEGO C6301 - CAsT-iN-PLACE CONCRE-rEPI- --------- 254 PACIFICA CONTRACTING, INC. SAN OIEGO . ----~---- 23571 PORTILLO CONCRETE CHULA VISTA LORI R LOVETT, GENERAl ENGINEERING CO WRIGHTWOOO SUNSHINE DEVELOPMENT El CENTRO S""".',,EL:"ON.':..RA.."TI"-G AND E_NG-,N§ERING~_.LA MESA ",,"-S~()IV'NGSEI>V~CE,,__- - - CORONAOO Speciality Trades ----- Count: 2; 21 254= 0.79"1. * Speciality Trades Count: 11 ; 11 I 254 = 4.33% * Cti4O1 -ASBESTOS-CEMENT PiPE -- - 254 .1 -------------- - ------- 23571 C5105 MINOR CONCRETE STRUCTUR 23571 254 G S VAllEY GRADING,INC VISTA ARCHULETA CONCRETE CONSTRUCTION CO BERMUDA OUNES RAUL MENOOZA CONSTRUCTION. INO -- _-----""ESIOE ." .. . BREAKWATER CONSTRUCTION RAMONA Speciality Trades Count: 2; 21 254= 0.79% * ----------- DURAN ENTERPRISES INC APPLE VALLEY C6500 REINFORCED CONCRETE PIPE 254 GSVALlEYGRAOfNG,INC VISTA ------------ 23571 HAR CONSTRUCTION INC NATIONAL CITY BERT W SALAS,INC SANTEE INTERWESTPACIFIC, L TO SOLANA BEACH C & W DIVING SERVICES INC NATIONAL CITY J R CONSTRUCTION. INC SAN DIEGO CONTRERAS CONSTRUCTION CO. INOIO J. W CONSTRUCTION CO SAN OIEGO G S VAllEY GRADING. INC VISTA KEN ROB, INC SAN DIEGO GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS LORI R LOVETT, GENERAL ENGINEERING CO WRIGHTWOOD S C VALLEY ENGINEERING INC EL CAJON MJCCONSTRUCTION CHULAVISTA SCHEIDEL.CONTRACTINGANDENGINEERING. LA MESA PACIFICA CONTRACTING. INC. SAN DIEGO WEST OIVING SERVICES CORONAOO RUBIO'S CONCRETE CONSTRUCTION CHULAVISTA SpedalityTrades -- ColJ"t:--8;~= 3.15% * S C VALLEY ENGINEERING INC EL CAJON I C6552 -JACKED REINFORCED CONCR---~-- 254J SAPPER CONSTRUCTION COMPANY SPRING VAllEY ___m._____---_._~ 23571 SCHEIOEL.CONTRACTING AND ENGINEERING, LA MESA G S VALLEY GRAOING.INC VISTA SP~C;;;'i¡YT';'d-'~---- CDunt~-161 254= 6.30% *- S""-,,ali~Tracies---====-----=_CDunt:-';-__lI 254= 0.39% * . Percentage used to calculate Goals for each contract item Exhibit F DBEI DBE.mdb (Rpt-Meth-1AA;DBE's) (MethodoIDgy- 1AYO -';/'1 Page 11 01 13 ---------- .--.--... EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAICS CODES AND CATEGORIES "'" WorkCode Definition NAICS Code No. in GrouD WorkCode Definition NAICS Code No. in GrouD , DBE Firm Location II DBE Firm Location I C7194...-1lJto1CT10NC':IAMBE~ 23571 254 C5601 SIGN STRUCTUR!,.. 23591 54 C & L CONSTRUCTION, INC ALPINE ARCHITECTURAL SIGNS & GRAPHICS,INC. SAN OIEGO GSVALLEYGRAOING.INC VISTA PAYCOSPECIALTIES,INCORPORATED CHULAVISTA MILLIGAN BACKHOE SERVICE SAN DIEGO TRANSC()NT.'~-"NTAL -""-TE""R""",- -- RAMONA SCVALLEYENGINEERINGINC_-- ELCAJON SpecialltyT",des Count: 3; 31 54= 5.56"1.' SpecialityT",des Count: 4; 41 254= 1.57% * ~~n__n______~ '--- -- -- __un Structural steel All DBE's NAICS DBE's C7250 ~1\~K.E!J.<:()N.t:~ET!,- 23571 254 No. Firms (99 Censes): 201 54 12/54 G S VALLEY GRADING, INC VISTA 54 Firms = 37.04% = SCHEIOEL-CONTRACTING ANO ENGINEERING, LA MESA SpecialilyTrades ---- --Co';-';¡-:2; 21 254= 0.79%' C9980 DEMOLITION - -------- 23594 14 C731J1..C=()NCRETECU~!..SIDEW_AL 23571 254 ~N~~~I~~~:~~~: INC ;~:~:~OOK ARCHULETA CONCRETE CONSTRUCTION co BERMUOA DUNES OEMOLITION CONTRACTORS INC. CHULA VISTA BREAKWATER CONSTRUCTION RAMONA G S VALLEY GRAOING, INC VISTA CONTRERAS CONSTRUCTION CO INOIO JOHN CAREY CONSTRUCTION CO.. INC. SAN OIEGO G S VALLEY GRAOING,INC VISTA MILLIGAN BACKHOE SERVICE SAN OIEGO GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS SIM ENGINEERING INC. FALLBROOK HARCONSTRUCTIONINC NATIONAL CITY SpecialilyT",des Count: 7; 71 14= 50,00% . J. W. CONSTRUCTION CO. SAN DIEGO ~- ~~~==--- MONICA CONSTRUCTION COMPANY LEMON GROVE Demolition All DBE's NAICS DBE's :~:~:~~~~~=~ONSTRUCTION ~:~~ ~:~~~ No. Firms (99 Censes) ~ 7/14 SAPPER CONSTRUCTION COMPANY SPRING VALLEY 14 Firms ~. :;0.00% = SCHEIOEL.CONTRACTING ANO ENGINEERING, LA MESA C0686 ELECTRICAL & SIGNALS 33512 20 STAR PAVINGCORPO":'TION SAN OIEGO C M OISTRIBU~;;-~S~I~Z -- ---------- ESCONDIOO SpecialilyTrades Count: 13 131 254= 5.12% * MICHAEL BAKER ELECTRIC SAN DIEGO Concrete Contr All DBE's NAICS DBE's ;~;~~:~ EOC INC CHULA VISTA No. Firms (99 Censes): 891 254 33/254 SpecialilyTrades ' Count: 41 20 = 20,00% * 254 Firms = 35.04% = C0652 REINFORCING BAR SECTION 23591 54 Liahtina Fixtures All DBE's NAICS DBE's ----- ----- No. Firms (99 Censes): 41 20 4/20 SUPER WELOING~SOU~HERN CALIFORNIA. SAN OIEGO 20 Firms = 20.00% = SpeclahlyT",des CDunt: 1; 11 54= 1.85% * CIJ~~5 STElõL 23591 54 Speciality Trades All DBE's NAICS DBE's SUPER WELDING OF SOUTHERN CALIFORNIA. SANOIEGO . 157/1047 74'/1047 TRANSCONTINENTAL ENTERPRISES. n -- RAMONA Total No.of Firms (99 Censes); = 15.00% =7.07% SpecialityT",des Count: 2: 2/ 54= 3,70% * 1047 FIrms C5201 REINFORCING STEEL 23591 54 BAKER'S PORTABLE WELDING SAN DIEGO GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS SUPER MARIO PORTABLE WELOING ESCONDIDO SUPER WELDING OF SOUTHERN CALIFORNIA. SAN OIEGO spe~ieii,yT;;;d;'- - éoun¡:-;¡_n 41 54 = 7.41%' C5501 STEEL STRUCTURES 23591 54 BAKER'S PORTABLE WELDING SAN OIEGO C & W OIVING SERVICES INC NATIONAL CITY GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS OLSEN STEELINC. EL CAJON S C VALLEY ENGINEERING INC EL CAJON SUPER MARIO PORTABLE WELDING ESCONDIOO SUPER WELOING OF SOUTHERN CALIFORNIA. SAN OIEGO TRANSCONTINENTAL ENTERPRISES RAMONA WEST DIVING SERVICES CORONAOO WESTERN STEEL & METALS. INC SAN OIEGO --- - - n n SpecialilyTrades Count: 10: 101 54 = 18.52% * . Percentage used to calculate Goals for each contract item Exhibit F DBEI DBE.mdb (Rpt-Meth-1AA:DBE's) (Methodology - 1A)/O - Page 12 of 13 , n' .--...- - ,...,----. -_.--,- EXHIBIT "F" SUMMARY OF DBE's WITHIN WCC CODES GROUPED BY NAICS CODES AND CATEGORIES r \WorkCode Definition NAICS Code No. in GrouD WOr1<Code Definition NAtCS Code No. in GrouD I DBE Firm II DBE Firm Location I NAtCS DBE's 482/6515 =7.40% * Percentage used to calculate Goals for each contract item Exhibit F DBE! DBE.mdb (Rpt-Meth-1AA;DBE's) (Methodology-1A) /0 -::;,() Page 13 of 13 --.------ ---._- . .--.--- EXHIBIT "G" SUMMARY OF DBE's WITHIN NAICS CODES GROUPED BY CATEGORIES , Construction DBE Firms within Code City Census DBE Firms within Code City NAICS: 23411 Highway & Street Cons! 94 DBE's within Code 22 1.0 ACOIKECO LINCOLN NAICS: 23499 All other Cons! 104 2.1 BERTW SALAS, INC SANTEE 10 BERT W SALAS, INC SANTEE 31 CANTARINI TRACTOR FALLBROOK 2.1 CANTARINI TRACTOR FALLBROOK 4.1 CATSEXCAVATING,INC SAN DIEGO 31 GSVALLEYGRAOING,INC VISTA " COFFMAN SPECIALTIES, INC SAN OIEGO 41 GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS 6.2 CONTRERAS CONSTRUCTION CO. INOIO " LORI R.LOVETT, GENERAL ENGINEERING CONTRA WRIGHTWOOO 7.2 CONTRERAS TRACTOR RENTAL VISTA 6.2 SCHEIOEL-CONTRACTING ANO ENGINEERING, INC LA MESA I B.2 ESTRADAS CONTRACTING SERVICES SPRING VALLEY DBE's within Code 6 i 9.2 FRANK & SON PAVING. INC. CHULA VISTA I 10 GSVALLEYGRADING,INC VISTA NAICS: 23521 Painting, Traftic Marking 417 I 11 GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS 10 ABLE 2 BARRICAOE, INC NORTH PALM SPRING i 12 INTERWEST PACIFIC, LTD. SOLANA BEACH 2.1 ACME SAFETY & SUPPLYCO,LLC SAN DIEGO 13 JRPINAASPHALTPAVING SAN MARCOS 31 PAYCOSPECIALTIES INCORPORATEO CHULAVISTA I 14 J F TEJEDA COMPANY EL CAJON . DBE's wi~in Code 3 i 15 L C PAVING & SEALING SAN MARCOS I 16 LORI R LOVETT, GENERAL ENGINEERING CONTRA WRIGHTWOOD NAICS: 23593 Grading 116 I 17 MJC CONSTRUCTION CHULA VISTA 10 A C OIKE CO LINCOLN I 1B OROPEZA CONSTRUCTION BONITA 21 BERTW SALAS, INC SANTEE 19 ROMERO GENERAL CONSTRUCTION CORP ESCONOIOO 3 1 C L ENTERPRISE JAMUL 21 S C VALLEVENGINEERING INC EL CAJON 4.1 CANTARINI TRACTOR FALLBROOK 22 SAPPER CONSTRUCTION COMPANY SPRING VAlLEY " CATSEXCAVATING,INC SANOIEGO 23 SCHEIOEl.CONTRACTING AND ENGINEERING. INC LA MESA 6.2 COFFMAN SPECIALTIES, INC SAN OIEGO 24 SIM ENGINEERING INC FALLBROOK 72 CONTRERAS CONSTRUCTION CO INOIO 25 STAR PAVING CORPORATION SAN DIEGO B.2 CONTRERAS TRACTOR RENTAL VISTA 26 SUNSHINE OEVELOPMENT EL CENTRO 9.2 FRANK & SON PAVING. INC. CHULA VISTA 27 TRILOGY' 1 LANDSCAPING SAN DIEGO 10 G S VALLEY GRADING. INC VISTA DBE's within Code 26 11 GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS 12 GRANITE OEVELOPMENT COMPANY EL CAJON NAICS: 23491 Pipeline Cons! 42 13 HARO'S LANOSCAPE INC. VISTA 1.0 ACCURATE ENGINEERING SAN DIEGO 14 HYDROSPROUT, INC. LAWN & SLOPE SEEDING ESCONDIOO 21 AMERI.MEXPLUMBING, INC CHULA VISTA 15 INTERWEST PACIFIC, LTD SOLANA BEACH 31 BAKER'S PORTABLE WELDING SANOIEGO 16 J.F.TEJEDACOMPANY ELCAJON 4 1 BERT W SALAS, INC SANTEE 17 LORI R LOVETT, GENERAL ENGINEERING CONTRA WRIGHTWOOD 5 1 C & L CONSTRUCTION. INC ALPINE 1B MILLIGAN BACKHOE SERVICE SAN OIEGO 6.2 C & W DIVING SERVICES INC NATIONAL CITY " MJC CONSTRUCTION CHULA VISTA 7.2 COLLINS PLUMBING, INC LA MESA 21 OROPEZA CONSTRUCTION BONITA B.2 CONTRERAS CONSTRUCTION CO INDIO 22 PACIFICA CONTRACTING. INC. SAN DIEGO 9.2 G S VALLEY GRAOING.INC VISTA 23 R 0 H BACKHOE SAN OIEGO 10 G W WAGNER PLUMBING CHULA VISTA 24 ROMERO GENERAL CONSTRUCTION CORP. ESCONOIDO 11 GlM GENERAL ENGINEERING CONTRACTOR ENCINITAS 25 SCVALLEVENGINEERINGING ELCAJON 12 INTERWESTPACIFIC,LTD. SOLANASEACH 26 SCHEIDEL-CONTRACTINGANDENGINEERING,INC LA MESA 13 LORI R LOVETT, GENERAl ENGINEERING GONTRA WRIGHTWOOD 27 SIM ENGINEERING INC. FALLBROOK 14 MILLIGAN BACKHOE SERV",E SAN DIEGO 2B STAR PAVING CORPORATION SAN OIEGO 15 OROPEZA CONSTRUCTION BONITA 29 SUNSHINE DEVELOPMENT EL GENTRO 16 PACIFICA CONTRACTING. INC SAN OIEGO 30 TRILOGY' 1 LANOSCAPING SAN DIEGO 17 SCVALLEYENGINEERINGINC ELCAJON DBE's within Code 29 " SUPER MARIO PORTABLE WELDING ESCONOIDO " SUPER WELOING OF SOUTliERN CALIFORNIA, INC. SAN DIEGO " TRILOGY' 1 LANOSCAPING SAN DIEGO 22 WEST DIVING SERVICES CORONAOO 23 WESTERNSTEEl&METAlS,INC SAN DIEGO ---,- ----~- (METHODLOGY - STEP 1 C) /0 "5/ Page 1 of 6 Exhi ---, -----_._,-- EXHIBIT "G" SUMMARY OF DBE's WITHIN NAICS CODES GROUPED BY CATEGORIES ,'.. Construction DBE Firms within Code City Census I DBE Firms within Code City NAICS: 32612 Pipes 11 I 12 SIM ENGINEERING INC. FAllBROOK I 13 SMITH TRUCKING COMPANY HESPERIA 1.0 ABURTO MARINE' INDUSTRIAl SUPPLY SAN DIEGO 14 TERRA EQUIPMENT CORPORATION SAN MARCOS 21 ACTION VALVE' FITTING, INC CHULA VISTA 15 WElK TRUCKING. INC. El CAJON 3.1 C M DISTRIBUTORS, INC ESCONDIDO 4.1 IMPERIAL IRRIGATION SUPPLY, INC. ESCONOIDO DBE's within Code 15 5.1 INn FABRICATORS' ENGRS. INC HEBER NAICS: 56173 Landscaping 701 6.2 JARKON INDUSTRIES JAMUl 1.0 HARO'S LANDSCAPE INC. VISTA 7.2 SUPER WElOING OF SOUTHERN CALIFORNIA, INC. SAN OIEGO 2.1 IMPERIAL IRRIGATION SUPPLY, INC. ESCONOIDO DBE's within Code 7 31 OUCHI NURSERY SAN OIEGO NAICS: 32731 Concrete and Cement 46 DBE's within Code 3 1.0 ABURTO MARINE "NDUSTRiAl SUPPLY SAN OIEGO Total No. of DBE's within Categ 7 2.1 KENROB, INC SAN OIEGO Total ALL Firms within Categ 219 DBE's within Code 2 DBE Availability 3.23 NAICS: 44419 Building Matr Dealers 237 Construction 1.0 ABURTO MARINE' INDUSTRiAl SUPPLY SAN OIEGO 2.1 CONSTRUCTION MATERIALS' SERVICES, INC. SAN MARCOS 31 MARTINEZ SUPPLY INC. SAN OIEGO DBE's within Code 3 NAICS: 48411 Trucking 118 10 BURNS AND SONS TRUCKING, INC SPRING VAllEY 21 CANTARINI TRACTOR FAll BROOK 3.1 DON FAIN TRUCKING LAKESIOE 41 GEORGE AlVARAOO TRUCKING CAlEXICO S.1 GUILLORY TRUC,"NG HESPERIA 62 JOHN'S EQUIPMENT RENTAL LAKESIDE 7.2 MC LEOO TRUCKING El CAJON B.2 PEPPER TRUCKING INC RAMONA 92 R FIGUEROA TRUCKING CA THEORAl CITY 10 TERRA EQUIPMENT CORPORATION SAN MARCOS " WElK TRUCKING. INC El CAJON DBE's within Code 11 NAICS: 53139 Reai Estate Services 268 1.0 BERNARD JOHNSON GROUP, THE SAN DIEGO 2.1 HOOPER LAND COMPANY FAllBROOK 3.1 WIGGANS. JANE l SRfWA OCEANSIDE DBE's within Code 3 NAICS: 53212 TruckRental 43 1.0 BURNS AND SONS TRUCKING. INC SPRING VAllEY 21 CANTARINI TRACTOR FAllBROOK 31 CONTRERAS TRACTOR RENTAL VISTA 4.1 DON FAIN TRUCKING LAKESIOE 51 G S VAllEY GRAOING. INC VISTA 62 GEORGE ALVARADO TRUCKING CAlEXICO 7.2 GUILLORY TRUCKING HESPERIA B.2 HUDSON SAFE.T.LlTE RENTALS SAN OIEGO 92 JOHN'S EQUIPMENT RENTAL LAKESIDE 10 PACIFICA CONTRACTING, INC. SAN DIEGO " PEPPER TRUCKING INC RAMONA ----- (METHODLOGY - STEP 1C) Page 2 of 6 Exhi .-....,----- EXHIBIT "G" SUMMARY OF DBE's WITHIN NAICS CODES GROUPED BY CATEGORIES Professional & Technical Services DBE Firms within Code City Census DBE Firms within Code City NAICS: Arch 287 30 JP ENGINEERING. INC SAN DIEGO 54131 31 K2 ENGINEERING INC SAN OIEGO 1.0 0 R V OESIGN SAN DIEGO 32 KANRAD ENGINEERING. INC. SAN OIEGO 2.1 DARSONO OESIGN ASSOCIATES SAN OiEGO 33 KTU . A LANOSCAPE ARCHITECTS. PLANNERS SAN OIEGO 31 ESAO SUMIOA ARCHITECT, INC. ENCINITAS 34 L K S' ASSOCIATES SAN DIEGO 4.1 HOWARD-SNEED INTERIOR ARCHITECTURE SAN DIEGO 35 lINTYEDT, MCCOLL' ASSOCIATES SAN DIEGO 5.1 J R ROMERO CONSTRUCTION CO SAN OIEGO 36 LOPEZ ENGINEERING SAN OIEGO 6.2 JOSEPH WONG OESIGN ASSOCIATES. INC. SAN OIEGO 37 MANUEL ONCiNA ARCHITECT.INC LA JOLLA 7.2 MANUEL ONCINA ARCHITECT,INC LA JOLLA 3B MARQUEZ. ASSOCIATES BIOLOGiCAL CONSUL TA CHULA VISTA B.2 MARTINEZ, cum. MC AROLE SAN OIEGO 39 MARTINEZ, CUTRI . MC ARDLE SAN OIEGO 9.2 MESQUITA. ASSOCIATES, INC. SAN OIEGO 40 MICHAEL.ALLEN ASSOCIATES SAN DIEGO 10 MICHELE MC LAIN, AlA SAN MARCOS 41 MICHELE MC LAIN, AlA SAN MARCOS 11 MJK ARCHITECTURE' PLANNING SAN OIEGO 42 MJK ARCHITECTURE' PLANNING SAN DIEGO 12 MORAESiPHAM, ASSOCIATES CARLSBAO 43 MORAESIPHAM & ASSOCIATES CARLSBAD 13 NELLE ARCHITECTURE OEL MAR 44 ONA. INC SAN DIEGO 14 PARAS & ASSOCIATES BONSALL 45 PACIFIC ELECTRONICS SAN OiEGO 15 PLATTIWHITELAW ARCHITECTS, INC SAN DIEGO 46 PARAS. ASSOCIATES BONSALL 16 ROORIGUEZ PARK SAN DIEGO 47 PARTERRE SAN OiEGO 17 ROESLING NAKAMURA ARCHITECTS, INC SAN OiEGO 46 PLATTIWHITELAW ARCHITECTS, INC SAN OIEGO 1B SAFOIE RABINES ARCHiTECTS SAN OIEGO 49 PROFESSIONAL CONSULTING GROUP SPRING VALLEY 19 TEZA DESIGN LA MESA 50 R BKA SAN OiEGO 21 WARNER ARCHITECTURE' DESIGN SAN OIEGO 51 RICHARD BRADY & ASSOCIATES SAN OIEGO DBE's within Code 20 52 ROORIGUEZ PARK SAN OIEGO NAICS: 54133 Engin 860 63 ROESLING NAKAMURA ARCHITECTS, INC SAN OIEGO 1.0 AGUIRRE ENGINEERING. iNC. LA MESA 54 S C VALLEY ENGiNEERING INC EL CAJON 2.1 ALLIED GEOTECHNICAL ENGINEERS. INC SANTEE 55 SAFaIE RABINES ARCHITECTS SAN OIEGO 3.1 APEX GEOTECHNOLOGY,INC SAN OIEGO 56 SCIENTIFIC RESOURCES ASSOCIATEO SAN OIEGO 4.1 ARCHiTECTURAL SIGNS & GRAPHICS.!NC SAN DIEGO 67 SIMON WONG ENGINEERING SAN OIEGO 5.1 ARTEFACT DESIGN CAROIFF 58 SOTA ENVIRONMENTAL TECHNOLOGY, INC. SAN OiEGO - 59 SOUTHLAND GEOTECHNICAL CONSULTANTS EL CAJON 6.2 BERGGREN ANO ASSOCiATES SAN DIEGO 7.2 BERNARO JOHNSON GROUP, THE SAN DIEGO 60 SYNERGY ELECTRIC COMPANY INC. SANTEE 8.2 BILL YEN & ASSOCIATES. INC SAN DIEGO 61 TESHiMA DESIGN GROUP SAN OiEGO 9.2 C. JONES & COMPANY SAN DIEGO 63 TEZA OESIGN LA MESA 10 CRUZ ESTRELLA'S CAOO & ORAFTING SERVICES SAN DIEGO 64 THE KEESE COMPANY SAN OiEGO 11 0 R V OESIGN SAN DIEGO 65 TIERRA ENVIRONMENTAL SERViCES, INC SAN OiEGO 12 DARSONO DESIGN ASSOCIATES SAN DIEGO 66 TRAN CONSULTING ENGiNEERS SAN OIEGO 13 DC/GIS.COM,LLC SAN DIEGO 67 TRANSCONTINENTAL ENTERPRISES RAMONA 14 ERB ENGINEERiNG. iNC. POWAY 68 UNIVERSAL STRUCTURES SOLANA BEACH 1S EROSION CONTROL SPECIALISTS JAMUL 69 VICTOR GARCIA ENGINEERING SAN OiEGO 16 ESKiNDER BERHANU & ASSOCIATES SAN OIEGO 70 WARNER ARCHITECTURE & DESIGN SAN OiEGO 17 ESTRADA' KEA PARTNERSHiP SAN DIEGO 71 WEST CONSULTANTS,INC SAN OiEGO GARBINI & GAR81NlLANDSCAPE ARCHITECTURE SAN DIEGO 72 WIEBER NELSON DESIGN SAN DIEGO 18 19 GERALDO R IGLESIA PHD SAN DIEGO DBE's within Code 70 21 GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS 22 HERITAGE RESOURCES RAMONA 23 HOOPER LANO COMPANY FALLBROOK 24 HOWARD.SNEED INTERIOR ARCHITECTURE SAN DIEGO 25 HUNTER PACIFIC GROUP SAN DIEGO 26 INn FABRICATORS' ENGRS, INC HEBER 27 J R ROMERO CONSTRUCTION CO SAN DIEGO 28 JO'S PLANTS 'N' THINGS VICTORVILLE 29 JNE & ASSOCIATES SAN OIEGO -~ --- ~~- (METHODLOGY - STEP 1C) /0.-53 Page 3 of 6 Exhi --------_.-,., .--. .-- EXHIBIT "G" SUMMARY OF DBE's WITHIN NAICS CODES GROUPED BY CATEGORIES "", Professional & Technical Services DBE Firms within Code City Census DBE Firms within Code City NAICS: 54134 Drafting 25 19 WESTCONSULTANTS.INC SAN DIEGO 1.0 CRUZ ESTRELLA.S CADO & DRAFTING SERVICES SAN OIEGO DBE's within Code 19 2.1 0 R V OESIGN SAN DIEGO NAICS: 54161 Manage Consult 734 3.1 DClGIS.coM, LLC SAN DIEGO 1.0 APEX GEOTECHNOLOGY, INC SAN DIEGO 4.1 ERB ENGINEERING, INC. POWAY 21 BREAKWATER CONSTRUCTION RAMONA 51 GERALOO R IGLESIA PHD SAN DIEGO 31 C. JONES & COMPANY SAN DIEGO 6.2 J R ROMERO CONSTRUCTION co SAN DIEGO 4.1 COLLINS GROUP SAN OIEGO 7.2 JOSE E PEREIRA PLUMBING & FIRE SPRINKLER SAN OIEGO 5.1 CONSOLIOATED SERVICES ENGINEERS & CONSTR MORONGO '2 JP ENGINEERING, INC SAN OIEGO 62 CONSTRUCTION ANALYSTS, INC. CARLSBAD 9.2 KANRAD ENGINEERING, INC. SAN DIEGO 7.2 OODSON ANO ASSOCIATES SAN OIEGO 10 MANUELONCINA ARCHITECT,INC LA JOLLA '.2 E REIOER ENTERPRISES SAN OIEGO 11 MARTINEZ, CUTRI & MC ARDLE SAN DIEGO 9.2 EROSION CONTROL SPECIALISTS JAMUL 12 MORAESIPHAM & ASSOCIATES CARLSBAO 10 ESTRADA & KEA PARTNERSHIP SAN DIEGO 13 PARAS & ASSOCIATES BONSALL 11 GERALOO R IGLESIA PHO SAN DIEGO 14 PARTERRE SAN OIEGO 12 GONZALEZ.WHITE CONSULTING SERVICES SAN DIEGO 15 ROORIGUEZ PARK SAN OIEGO 13 J J DAVIS & ASSOCIATES SAN DIEGO 16 SAFDIE RABINES ARCHITECTS SAN OIEGO 14 J R ROMERO CONSTRUCTION CO SAN DIEGO 17 TEZA OESIGN LA MESA 15 JP ENGINEERING, INC SAN OIEGO 16 TRANSCONTINENTAL ENTERPRISES RAMONA 16 LK S& ASSOCIATES SAN DIEGO 19 WORKHORSE CONSULTING CARLSBAD 17 LINTVEOT, MCCOLL & ASSOCIATES SAN DIEGO DBE's within Code 19 16 M R B & ASSOCIATES SAN DIEGO NAICS: 54137 Survey 51 19 MJK ARCHITECTURE & PLANNING SAN DIEGO 21 MORAESIPHAM & ASSOCIATES CARLSBAD 1.0 BERGGREN AND ASSOCIATES SAN DIEGO 22 OLSON COMMUNICATIONS & INST FOR MGMT SOL SAN DIEGO 2.1 BILL YEN & ASSOCIATES, INC SAN DIEGO LA MESA 23 ONA, INC SAN DIEGO 3.1 DYE SURVEYING.INC POWAY 24 ONSITE ENGINEERING FALLBROOK 4.1 ERB ENGINEERING, INC. 25 PARAS & ASSOCIATES BONSALL 5.1 JP ENGINEERING, INC SAN DIEGO SAN DIEGO 26 RBKA SAN DIEGO 6.2 LINTVEOT, MCCOLL & ASSOCIATES 27 R KING MANAGEMENT SUPPORT SERVICES SPRING VALLEY 72 PAYCOSPECIALTIES, INCORPORATED CHULAVISTA 28 RICHARD BRAOY & ASSOCIATES SAN OIEGO B.2 ROBERT ZALOIVAR MASONARY RAMONA 29 ROGERS CONSULTING GROUP SAN DIEGO DBE's within Code 8 30 SIMON WONG ENGINEERING SAN DIEGO NAICS: 54151 Computer 1030 31 SOFTCOMM SAN DIEGO 1.0 BILL YEN & ASSOCIATES. INC SAN OIEGO 32 TESTING SERVICES & INSPECTION. INC SAN DIEGO 21 BREAKWATER CONSTRUCTION RAMONA 33 THE KEESE COMPANY SAN DIEGO 3.1 C I C RESEARCH. INC SAN OIEGO 34 WORKHORSE CONSULTING CARLSBAO 4.1 CONSOLIDATED SERVICES ENGINEERS & CONSTR MORONGO DBE's within Code 33 5.1 CRUZ ESTRELLA'S CADD & DRAFTING SERVICES SAN DIEGO NAICS: 54162 Environmental 79 6.2 CYBERWIRE CHULA VISTA 1.0 ALLIED GEOTECHNICAL ENGINEERS. INC SANTEE 7.2 DECISION & INFORMATION SYSTEMS.INC SAN DIEGO 21 EROSION CONTROL SPECIALISTS JAMUL B.2 E REIDER ENTERPRISES SAN DIEGO 3.1 ESTRADA & KEA PARTNERSHIP SAN DIEGO 9.2 GERALOO R IGLESIA PHD SAN DIEGO 4.1 GLOBAL ENVIRONMENTAL CONSULTING COMPANY SAN DIEGO 10 GONZALEZ.WHITE CONSULTING SERVICES SAN DIEGO J R ROMERO CONSTRUCTION CO SAN DIEGO 5.1 MORAES/PHAM & ASSOCIATES CARLSBAO 11 6.2 RBKA SAN DIEGO 12 KTU + A LANOSCAPE ARCHITECTS & PLANNERS SAN OIEGO 7.2 RICHARD BRADY & ASSOCIATES SAN DIEGO 13 ONA, INC SAN OIEGO B2 SOTA ENVIRONMENTAL TECHNOLOGY, INC SAN DIEGO 14 PERSONAL COMPUTER SPECIALIST SAN OIEGO 15 SOFTCOMM SAN OIEGO 9.2 TRAN CONSULTING ENGINEERS SAN DIEGO CARLSBAD 10 WEST CONSULTANTS. INC SAN DIEGO 16 TERRA VISION, MC. 17 THE KEESE COMPANY SAN OIEGO DBE's within Code 10 16 UNIVERSAL STRUCTURES SOLANA BEACH ---~- (METHODLOGY - STEP 1C) /0 Page 4 Df 6 Exhi .---------.- '-'---------- EXHIBIT "G" SUMMARY OF DBE's WITHIN NAtCS CODES GROUPED BY CATEGORIES Professional & Technical Services DBE Firms within Code City Census DBE Firms within Code City NAICS. Prof Consultant 205 53 MARQUEZ' ASSOCIATES BIOLOGICAL CONSULTA CHULA VISTA . 54169 54 MARTHA BLANE CONSULTING SAN MARCOS 1.0 ALlIEO GEOTECHNICAL ENGINEERS. INC SANTEE 55 MESQUITA' ASSOCIATES, INC. SAN DIEGO 2.1 APEXGEOTECHNOLOGY,INC SANOIEGO 56 MICHAEL-ALLEN ASSOCIATES SAN DIEGO 3.1 ARMTECH SAN DIEGO 57 MICHELE Me LAIN, AlA SAN MARCOS 4.1 BAYCITYMARINE.INC NATIONAL CITY 58 MJK ARCHITECTURE' PLANNING SAN DIEGO 5.1 BERNARD JOHNSON GROUP, THE SANOIEGO 59 MORAESIPHAM'ASSOCIATES CARLSBAO 6.2 BILL YEN &ASSOCIATES, INC SAN DIEGO 60 MORENO AERIAL PHOTO SURVEYS EL CAJON 7.2 BLUE FEATHER MANAGEMENT SAN DIEGO 61 NELLE ARCHITECTURE OEL MAR B.2 BREAKWATER CONSTRUCTION RAMONA 63 OLSON COMMUNICATIONS &iNSTFOR MGMT SOL SAN OIEGO 9.2 C I C RESEARCH INC SAN DIEGO , 64 ONA, INC. SAN DIEGO 10 C JONES' COMPANY SAN OIEGO 65 PARAS' ASSOCIATES BONSALL 11 CHANGING PLACES LA JOLLA 66 PERSONAL COMPUTER SPECIALIST SAN DIEGO 12 CONSOLIDATED SERVICES ENGINEERS' CONSTR MORONGO 67 PLATTIWHITELAW ARCHITECTS, INC SAN DIEGO 13 CONSTRUCTION ANALYSTS, INC CARLSBAO 68 PROCUREMENT CONCEPTS, INC. SAN DIEGO 14 CRUZ ESTRELLA'S CADO' DRAFTING SERVICES SAN DIEGO 69 PROFESSIONAL CONSULTING GROUP SPRING VALLEY 15 0 R V OESIGN SAN DIEGO 70 RBKA SAN DIEGO 16 OClGISCOM, LLC SAN DIEGO 71 R KING MANAGEMENT SUPPORT SERVICES SPRING VALLEY 17 OECISION &iNFORMATION SYSTEMS. INC SAN DIEGO 72 RAYBRANOES SAN OIEGO 18 DOOSON AND ASSOCIATES SAN DIEGO 73 RICHARD BRAOY , ASSOCIATES SAN OIEGO 19 ERa ENGINEERING, INC. POWAY 74 ROORIGUEZ PARK SAN OIEGO 21 EROSION CONTROL SPECIALISTS JAMUL 7S ROGERS CONSULTING GROUP SAN DIEGO 22 ESAO SUMIDA ARCHITECT, INC ENCINIT AS 76 SAFOIE RABINES ARCHITECTS SAN OIEGO 23 ESKINOER BERHANU & ASSOCIATES SAN OIEGO 77 SCIENTIFIC RESOURCES ASSOCIATEO SAN OIEGO 24 ESTRADA & KEA PARTNERSHIP SAN DIEGO 76 SEXUAL HARASSMENT AWARENESS ANO PREVENT BONITA 25 GALLEGOS & ASSOCIATES CARLSBAO 79 SHEARER ASSOCIATES SAN OIEGO 26 GERALDO R IGLESIA PHO SAN DIEGO BO SIMON WONG ENGINEERING SAN OIEGO 27 GLOBAL ENVIRONMENTAL CONSULTING COMPANY SANDIEGO B1 SOFTCOMM SAN OIEGO 2B GONZALEZ.WHITE CONSULTING SERVICES SAN OIEGO B2 SOTA ENVIRONMENTAL TECHNOLOGY, INC. SAN OIEGO 29 HABITAT WEST ESCONDIOO B3 SOUTHLAND GEOTECHNICAL CONSULTANTS EL CAJON 30 HERITAGE RESOURCES RAMONA B4 SUNSHINE DEVELOPMENT EL CENTRO 31 HOOPER LAND COMPANY FALLBROOK B5 TERRA VISION. M.C. CARLSBAD 32 HOWARD-SNEEO INTERIOR ARCHITECTURE SAN DIEGO B6 TESHIMA OESIGN GROUP SAN DIEGO 33 HUNTER PACIFIC GROUP SAN OIEGO B7 TESTING SERVICES & INSPECTION, INC SAN OIEGO 34 HVAC ENGINEERING,INC. SAN DIEGO BB TEZA DESIGN LA MESA 35 JJOAVIS&ASSOCIATES SAN DIEGO 89 THE KEESE COMPANY SAN DIEGO 36 J R ROMERO CONSTRUCTION CO SAN OIEGO 90 THE TRAINING AL TERNA TIVE SAN OIEGO 37 JBG ENVIRONMENTAL CONSULTING SAN DIEGO 91 TIERRA ENVIRONMENTAL SERVICES. INC SAN DIEGO 3B JD'S PLANTS 'N' THINGS VICTORVlLlE 92 TRAINING SUPPORT NETWORK LA JOLLA 39 JNE & ASSOCIATES SAN DIEGO 93 TRAN CONSULTING ENGINEERS SAN DIEGO 40 JP ENGINEERING. INC SAN DIEGO 94 TRI.COUNTY DRILLING, INC SAN DIEGO 41 K. DUNCAN ENTERPRISES, INC. SAN DIEGO 95 UNIVERSAL STRUCTURES SOLANA BEACH 42 K2 ENGINEERING INC SAN DIEGO " VICTOR GARCIA ENGINEERING SAN OIEGO 43 KANRAO ENGINEERING. INC. SAN OIEGO 97 WARNER ARCHITECTURE & DESIGN SAN DIEGO 44 KRISTINE COHN C I H SAN DIEGO 98 WEST CONSULTANTS, INC SAN DIEGO 45 KTU . A LANDSCAPE ARCHITECTS & PLANNERS SAN OIEGO 99 WIEBER NELSON DESIGN SAN DIEGO 46 KYLE CONSULTING SAN DIEGO 100 WIGGANS, JANE L SRIWA OCEANSIOE 47 L K 5 & ASSOCIATES SAN DIEGO 100 WORKHORSE CONSULTING CARLSBAD 4B LABORATORY DATA CONSULTANTS. INC. CARLSBAO 49 lINTVEDT. MCCOLL & ASSOCIATES SAN OIEGO DBE's within CDde 99 50 LOPEZ ENGINEERING SAN DIEGO 51 M R B & ASSOCIATES SAN DIEGO 52 MARIE BURKE lIA. ATTORNEY AT LAW SAN DIEGO -- - ~--- _____n- (METHODLOGY - STEP 1C) /0 - SS- Page 5 of 6 Exhi -- ----- EXHIBIT "G" SUMMARY OF DBE's WITHIN NAiCS CODES GROUPED BY CATEGORIES Professional & Technical Services DBE Firms within Code City Census ! DBE Firms within Code City Total No. of DBE's within Categ 124 I 24 PORTILLO CONCRETE CHULA VISTA Total ALL Firms within Categ 3271: 25 RAUL MENOOZA CONSTRUCTION, INC. LAKESIOE 26 ROBERT ZALDIVAR MASONARY RAMONA DBE Availability 3.79% 27 RUBIO'S CONCRETE CONSTRUCTlON CHULA VISTA Professional & Technical Services 28 S C VAllEY ENGINEERING INC El CAJON Electrical Contr 564 29 SAPPER CONSTRUCTION COMPANY SPRING VAllEY NAICS: 23531 30 SCHEIDEl-CONTRACTING ANO ENGINEERING. INC LA MESA 1.0 A AND T ELECTRIC SAN DIEGO 31 STAR PAVING CORPORATION SAN DIEGO 2.1 ABLE 2 BARRICAOE, INC NORTH PALM SPRINGS SUNSHINE DEVElOPMENT El CENTRO 32 3.1 ACME SAFETY & SUPPLY CO, LLC SAN OIEGO 33 SAN OIEGO SUPER WELDING OF SOUTHERN CALIFORNIA, INC. 4.1 ARCHITECTURAL SIGNS & GRAPHICS,INC. SAN DIEGO WEST DIVING SERVICES CORONAOO 34 5.1 BENDIX CONTRACTING CORPORATION SAN OIEGO 6.2 CECILIA'S SAFETY SERVICE. INC. DEL MAR DBE's within Code 33 7.2 HUDSON SAFE.T.lITE RENTALS SAN OIEGO NAICS: 23591 Structural steel 54 6.2 NORTH STATE SIGNS FALLBROOK 1.0 ARCHITECTURAL SIGNS & GRAPHICS,INC. SAN DIEGO 9.2 OROPEZA CONSTRUCTION BONITA 2.1 BAKER'S PORTABLE WElOING SAN OIEGO 10 PACIFIC ELECTRONICS SAN DIEGO 3.1 C & W OIVING SERVICES INC NATIONAL CITY 11 PACIFICA CONTRACTING, INC. SAN DIEGO 4.1 GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS 12 PAYCO SPECIALTIES, INCORPORATED CHULAVISTA 5.1 OLSEN STEEl, INC. El CAJON 13 SYNERGY ELECTRIC COMPANY INC SANTEE 6.2 PAYCO SPECIAlTIES,lNCORPORATEO CHULA VISTA DBE's within Code 13 7.2 S C VALLEY ENGINEERING INC El CAJON Masonary, Walls 141 8.2 SUPER MARIO PORTABLE WELDING ESCONDIOO NAICS: 23541 92 SUPER WElOING OF SOUTHERN CALIFORNIA, INC SAN DIEGO 1.0 BREAKWATER CONSTRUCTION RAMONA 10 TRANSCONTINENTAL ENTERPRISES RAMONA 2.1 HAR CONSTRUCTION INC NATIONAL CITY WEST OIVING SERVICES CORONADO 11 31 J W CONSTRUCTION CO. SAN DIEGO 12 WESTERN STEEL & METALS, INC SAN DIEGO 41 JOHN CAREY CONSTRUCTION CO..INC SAN DIEGO 5.1 ROBERT ZALOIVAR MASONARY RAMONA DBE's within Code 12 DBE's within Code 5 NAICS: 23594 Demolition 14 Concrete Contr 254 1.0 C & l CONSTRUCTION, INC ALPINE NAICS: 23571 21 CANTARINI TRACTOR FALLBROOK 1.0 ARCHULETA CONCRETE CONSTRUCTION COMPAN BERMUDA DUNES 31 DEMOLITION CONTRACTORS INC CHULA VISTA 2.1 BERT W SALAS.INC SANTEE 4.1 G S VALLEY GRADING. INC VISTA 3.1 BREAKWATER CONSTRUCTION RAMONA 5.1 JOHN CAREY CONSTRUCTION CO.. INC SAN OIEGO 4.1 C & l CONSTRUCTION. INC ALPINE 62 MILLIGAN BACKHOE SERVICE SAN DIEGO 5.1 C & W OIVING SERVICES INC NATIONAL CITY SIM ENGINEERING INC. FALLBROOK 7.2 6.2 COFFMAN SPECIALTIES, INC SAN OIEGO 7.2 CONTRERAS CONSTRUCTION CO. INDIO DBE's within Code 7 82 DURAN ENTERPRISES INC APPLE VALLEY NAICS: 33512 Lighting Fixtures 20 92 G S VAllEY GRAOING. INC VISTA 1.0 C M OISTRIBUTORS. INC ESCONDIDO 10 GIM GENERAL ENGINEERING CONTRACTOR ENCINITAS 2.1 MICHAEL BAKER ELECTRIC SAN DIEGO 11 HAR CONSTRUCTION INC NATIONAL CITY 3.1 R6 NS, INC. CHUlJI VISTA 12 INTERWEST PACIFIC.l TO SOLANA BEACH 4.1 SOUTHBAYEDC, INC. BONITA 13 J R CONSTRUCTION, INC SAN DIEGO DBE's within Code 4 14 J. F. TEJEDA COMPANY El CAJON 15 J. W. CONSTRUCTION CO. SAN DIEGO Total No. of DBE's within Categ 5 18 KENROB, INC SAN DIEGO Total ALL Firms within Categ 104 17 LORI R LOVETT, GENERAL ENGINEERING CONTRA WRIGHTWOOD DBE Availability 5.44 18 MILLIGAN BACKHOE SERVICE SAN OIEGO Speciality Trades 19 MJC CONSTRUCTION CHULA VISTA 21 MONICA CONSTRUCTION COMPANY lEMON GROVE 22 OROPEZA CONSTRUCTION BONITA 23 PACIFICA CONTRACTING. INC SAN OIEGO -~--- (METHODLOGY - STEP 1C) /0 Page 6 of 6 Exhi ""--- .~-----_._.- --- Bidders shall be fully informed respecting the requirements of the Regulations and are urged to obtain DBE participation in this project, although there is no specific goal for DBE participation. Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at http://www.dotca.gov/hq/bep to verity the current availability of this service. 2-3 DBE GOAL FOR THIS PROJECT The City of Chula Vista has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprise (DBE): _'Yo 2-4 SUBMISSION OF DBE INFORMATION L 2. The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER - DBE INFORMA nON" form included in this Section. If the DBE information is not submitted with the bid, the DBE Information form shall be removed from the documents prior to submitting the bid. It is the bidder's responsibility to make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made adequate good faith efforts to do so. If DBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low bidder and the third low bidder shall submit DBE information to the City of Chula Vista, 276 Fourth Avenue, so the information is received by the City of Chula Vista no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal non-responsive. Other bidders need not submit DBE information unless requested to do so by the City of Chula Vista. The bidder's DBE information shall establish that good faith efforts to meet the DBE goal have been made. To establish good faith efforts, the bidder shall demonstrate that the goal will be met or that, prior to bidding, adequate good faith efforts to meet the goal were made. 5 /0 -57 -----------.----. ---'- PROPOSAL REQUIREMENTS AND CONDITION EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK: The bidder is required to examine carefully the site and the proposal, plans, specifications, and Contract fonns for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be perfonned and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the Contract. [t is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such an examination. !'ROPOSAL FORM: All proposals must be made upon fonns furnished by the Public Works Department. The following documents must be completed and submitted with the bid: I. Proposal 2. List of Subcontractors 3. Affidavit to Accompany Proposal 4. Bidder's Bond (for bids greater than $50,000) 5. Disclosure Statement 6. Certificate of Notification to Subcontractors 7. Disclosure of Lobbing Activities 8. Certificate of Intention to use a Specific Material (if any) 9. g¡ d iI e t' sDl3E'List(Þ a. g e 7) 10. Addenda (if any) After award of the Contract,OOO the successful bidder must complete the following additional documents: I. Bond for Faithful Performance (for bids greater than $25,000) 2. Bond for Material and Labor (for bids greater than $25,000) 3. Contract 4. Non-Collusion Affidavit 5. Workers' Compensation Insurance Declaration 6. Liability Insurance (see Section 7-3 Special Provisions General) 7. Guaranty (if required) FáÎthEffôrlMUSTlie suhl11itleclwÎthÎllfôur.(4) working. days REJECTION OF PROPOSALS CONTAINING AL TERA TIONS, ERASURES, OR IRREGULARITIES: Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures. or irregularities of any kind. In case of disparity in the proposal between the lump sum or unit bid price shown in figures and words, the unit bid price or lump sum amount as stated in words shall prevail and take precedence. The right is reserved to reject any and all proposals. 1 ~D -.. . .,--, ,...-.---...-- .----- ~êJ I ~---, 0 I j~ ....¡ ....¡....¡ --< 0--< o~ 0> ~ o~ ~ ~--< - ~o > 00 c ~ G~~; ð --< ~ ~ = ~~ z~ - ~o o~ ~ Zo u ~ 0 ~ = u~ .~ ~ ~ ] ~ ::::: ~~ 0 ~ - o~ ~ ~ ~ --< ~O 0 ~ r-:I ,~ ~ ~ ... >--' ~ ~ u~ ~ Z E-< 8 Z ~ ....¡ .- ~ ~~ E ~;:i ~ Z ~::t1 ¡:; ~p:¡ ~ 0 ;::JE-<C;¡"" ~~ ~ ::t1 ~""'¡S"'" ~E-< 8 ~ r-:I:::z~ O:;;~ .!:: ~ ~CI)¡'¡- ~""o r.. ~ E-<~p..rn ~~~ r-:I E-< [J')AO~ 00> ~ ~ ~e8.. ~Q2 :: ~ ~~...... p;..¡:;~ 0 0 ~ .... ¡-d::'. 0 U ... u p::....~[;;;¡ z--< ~ --< o~ ~ o~ .., ~ "";;.. ~ ~~ == ~ i:!Z~ ...:¡ þ;z 5' :::- g:: ~ 6 ~ 8 ¡... ~ ;::J .s [J') ~~ ~ ...... 0 .., ...:¡ ~ .., ~ ..c ~ ~~ » ~ z~ '2 0 o~ 0 Eo-< ~ ::t1 ;::J .- ifl :g ~z ~ ...... ~ . = ~ z 0 .:: ~ tfJ Z ~ ~ ~¡;¡~ ~ ~ § iflO~ ~ 'E ~ ,,~~ ~ -- . "iii~:2 ~ :2 " ","~~ 0 ... a ,,1j~Q ~ ::! ! ... p:¡~0 0 ;::J ë- ~ ~u~ ~ ~ ~ :g ~ 'õ --< 13 ~ z I ~ r:o ~ 0 /0-59 - ,_.,-- --,.--..--- RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DISADV ANT AGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER I, 2001 THROUGH SEPTEMBER 30, 2002 FOR CITY OF CHULA VISTA PROJECTS UTILIZING FEDERAL HIGHWAY ADMINISTRATION FUNDING WHEREAS, all local agencies receiving Federally-assisted funds from the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program; and WHEREAS, the Disadvantaged Business Enterprise Program IS designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration; and WHEREAS, it is the policy of the City of Chula Vista to ensure that DBE's have an equal opportunity to receive and participate on DOT funded projects and it will be the DBE Programs goal to accomplish the following: I. To ensure non-discrimination in the award and administration of DOT assisted contracts; 2. To create a level playing field on which DBE's can compete fairly for DOT assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR 26 eligibility standards are pennitted to participate as DBE's; 5. To help remove barriers for the participation of DBE's in DOT assisted contracts; and 6. To assist the development of firms to compete successfully in the market place outside the DBE Program. WHEREAS, the City of Chula Vista has published a Public Notice, announcing the City of Chula Vista's proposed DBE Program and the overall annual goal for the FY 200I/2002 contracts assisted by FHW A, in general circLtlation media including women/minority focused media, local trade papers and the Star News; and WHEREAS, the DBE Program, proposed goals and their rational were available for inspection for thirty (30) days and the City accepted comments on the goals for forty-five (45) days from the date of the Public Notice and during the Public Notice period, no comments were made regarding the DBE Program. I /0 ~&;,O NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the Disadvantaged Business Enterprise Program for the period of October 1, 200 I through September 30, 2002 for City of Chula Vista projects utilizing Federal Highway Administration funding. Presented by Approved as to form by John P. Lippitt Director of Public Works \Allorncy\Rcso\LJBE Pmgram 2 /0 -¡;/ --------. . ..------.. .__.- . ---- --- COUNCIL AGENDA STATEMENT ITEM~ MEETING DATE: September 18,2001 ITEM TITLE: Resolution Approving the Creation of a Deputy City Attorney III Classification in the Unclassified Service, Senior Management Benefit Group; and Reclassifying One (I) Depnty City Attorney II Position and One (I) Deputy City Attorney I Position to Deputy City Attorney III and Amending the FYO2 Budget by Appropriating $36,581 Based on Unanticipated Revenues Therefor and Amending the FYO3 Adopted Spending Plan by Increasing The City Attorney's Authorized Personnel Expenditures by $50,619 Based on Unanticipated Revenues SUBMITTED BY: Director of Human Resources~U REVIEWED BY: City ManageP (4/5th Vote: Yes K...No...J The current level of duties and responsibilities assigned to two Deputy City Attomey positions in the City Attorney's office necessitates the reclassification of those positions. It has become increasingly obvious that there is too great a spread between the classifications of Assistant City Attorney and Deputy City Attorney II. Additionally, a review of job duties concluded that although different, the Deputy City Attorney I and Deputy City Attorney II positions are essentially comparable in level. RECOMMENDATION: That the City Council adopt the resolution approving the creation of Deputy City Attorney III as a Senior Management Classification in the Unclassified Service at a salary range 15% below Assistant City Attorney; and reclassify one Deputy City Attorney II and one Deputy City Attorney I to Deputy City Attorney III effective September 21,2001; and amend the FY02 budget by appropriating $36,581 based on unanticipated revenues; and amend the FY03 adopted spending plan by increasing The City Attorney's authorized personnel expenditures by $50,619 based on unanticipated revenues. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The addition of professional staff in the City Attorney's Office in recent years had led to specialization by Deputy and Assistant City Attorneys. This has been a necessary result of the increasing workload and complexity of legal issues. At the same time, Deputy positions have been reclassified to Assistant City Attorney to compensate for the higher level duties delegated 1 -' ----.--."---". . -'---'-'-'---- by the City Attorney and Senior Assistant City Attorney. This was expected and fully justified in a department and City growing at the rate Chula Vista has been. The Deputy City Attorney II position has primary responsibility for back-up to the Assistant City Attorneys in Land Use Planning issues; primary legal support for Redevelopment Planning projects/issues; the Political Reform Act-related functions; and advisor to the Planning Commission. These assignments encompass the full range of professional legal duties well above the journey level. The Deputy City Attorney I position assigned to Labor Law has responsibility for advising departments in all aspects of personnel issues fiom discipline to Workers' Compensation. And represents the departments in any actions carried to the next level. Additionally, this Deputy works closely with HR management staff on rule and policy development and educating managers in necessary elements oflabor law. It is viewed as the in-house expert in this field and may be called upon to advise the City Manager and his staff on the most sensitive of personnel issues. Specific knowledge ofMMB, the Police Officers Bill of Rights, current case law and the Cities own policies, procedures and practices is essential. Additionally, extensive experience in this field of ever-changing opinions is critical. Given these requirements and the requirement to perform the assigned duties with a minimum of oversight, classification at the Deputy III (super- journey level) is strongly supported. FISCAL IMPACT: The annualized cost for making this adjustment is estimated at $50,000. Appropriation of$36,581 is needed for the current fiscal year and is recommended to be funded by unanticipated interest revenue. The FY03 personnel services cost in the City Attorney's Office of $50,619 can also be offset by unanticipated interest revenue. 2 RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CREATION OF A DEPUTY CITY ATTORNEY III CLASSIFICATION IN THE UNCLASSIFIED SERVICE, SENIOR MANAGEMENT BENEFIT GROUP; AND RECLASSIFYING ONE (1) DEPUTY CITY ATTORNEY II POSITION AND ONE (1) DEPUTY CITY ATTORNEY I POSITION TO DEPUTY CITY ATTORNEY III AND AMENDING THE FY02 BUDGET BY APPROPRIATING $36,581 BASED ON UNANTICIPATED REVENUES THEREFOR AND AMENDING THE FY03 ADOPTED SPENDING PLAN BY INCREASING THE CITY ATTORNEY'S AUTHORIZED PERSONNEL EXPENDITURES BY $50,619 BASED ON UNANTICIPATED REVENUES WHEREAS, the current level of duties and responsibilities assigned to two Deputy City Attorney positions in the city Attorney's office necessitates the reclassification of those positions; and WHEREAS, it has become increasingly obvious that there is too great a spread between the classifications of Assistant City Attorney and Deputy City Attorney II; and WHEREAS, additionally, a review of job duties concluded that although different, the two positions are essentially comparable in level. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula Vista does hereby approve the creation of a Deputy City Attorney III Classification in the Unclassified Service, Senior Management Benefit Group; and reclassifying one (1) Deputy city Attorney II position and one (1) Deputy City Attorney I position to Deputy City Attorney III effective September 21, 2001. BE IT FURTHER RESOLVED that the amount of $36,581 is hereby appropriated from the unanticipated interest revenues to the FY01-02 City Attorney's Personnel Services budget; and that the adopted spending plan is amended for FY03 based on unanticipated interest revenue by increasing the City Attorney's Authorized Personnel Expenditures by $50,619 based on unanticipated revenues. Presented by Approved as to form by CL.~ Þ Candy Emerson John M. Kaheny Director of Human Resources City Attorney //- ---.--------.-. -- ------- COUNCIL AGENDA STATEMENT ITEM ¡;;Z MEETING DATE: September 18, 2001 ITEM TITLE: Resolution Creating a new CVEA Classification of HorticulturistlMaintenance Specialist and Setting the Salary Equivalent to a Senior Gardner, Approving the Addition of .75 Avian Specialist and a .75 Horticulturist/Maintenance Specialist Positions to the Nature Center Budget; and Amending the Fiscal Year 2001/02 Budget for the Nature Center by Appropriating $13,000 in Unanticipated Grant and Donation Revenues and Appropriating $28,869 in transfers-in from the General Fund; Amending the Fiscal Year 2001/02 Budget for the General Fund by Appropriating $28,869 in unanticipated interest revenue for the necessary transfer-out to the Nature Center. Amending the Adopted FY 2002/03 Spending Plan by Increasing Nature Center Personnel Expenditures by $78,362 based on reductions in supplies and services of $12,500, unanticipated program revenue of $13,000 and funding $52,862 from transfers-in from_the General Fund based on unanticipated interest revenue. SUBMITTED BY: Nature Center Direct~ Director of Human Re rces~ REVIEWED BY: City Manage~ (4/5th Vote: Yes K...N 0 ...J The Nature Center's Light- footed Clapper Rail Endangered Species Captive Breeding Program was very successful this past spring and has received national attention. The success and the attention has facilitated the beginnings oflong-awaited funding opportunities for program and facility support. With the increased demand for care and feeding ofthe expanded bird collection 7 days per week and the loss of critical volunteers who previously provided specialized facility, aviary, and garden maintenance support, there is a tremendous need for additional permanent part -time staff support. RECOMMENDATION: That the City Council adopt the resolution approving the addition of one. 75 Avian Specialist position and one. 75 Horticulturist/Maintenance Specialist position to the Nature Center Budget; amend the Fiscal Year 2001/02 Budget and the FY 2002/03 Spending Plan; and appropriate funds therefor. BOARD/COMMISSION RECOMMENDA nON: N/ A DISCUSSION: The Nature Center's Light-footed Clapper Rail Endangered Species Captive Breeding Program was very successful this past spring and has received national attention. The success and the attention has facilitated the beginnings of long-awaited funding opportunities for program and facility support. With the increased demand for care and feeding of the expanded bird collection 7 days per week and the loss of critical volunteers who previously provided specialized facility, aviary, and garden 1 -.---..- - ------ maintenance support, there is a tremendous need for additional permanent part-time staff support. The past few months have afforded the Nature Center the opportunity to assess its permanent staffing needs balanced by the availability of volunteer staffing. Past practices have relied heavily (and solely) on volunteer staffing for significant elements of the Nature Center mission (animal care, retail store coverage, exterior major facility component maintenance, and the issues related to the grounds, gardens, and irrigation systems). In the past, when volunteers were not available, the affected animals and tasks went unattended. In September of 1999 as a first step toward more appropriate coverage of and care for the Nature Center and its integrated components, the City Council approved the addition of permanent staffto provide care for the bird collection as it existed at that time. Funds have been raised on an on-going basis to offset the costs ofthat position. The recommendation to add a total of 1.5 FTE positions to the Nature Center budget is based upon specific staffing necessary to properly support the Light-footed Clapper Rail Endangered Species Captive Breeding program and to support horticulture and grounds/facility maintenance activities. .75 FTE Avian Specialist (Certified Veterinary Technician) The recent successes in breeding 2 pairs of Light-footed Clapper Rails and producing chicks fiom all 15 eggs which were laid have received national attention. This is the first time that efforts such as this have been undertaken in captivity. To reach this point with this program has taken an overwhelming amount of effort fiom paid and volunteer Nature Center staff, as well as assistance provided by the U.S. Fish and Wildlife Service, the u.S. Navy, and Sea World. From the time the eggs were initially laid, there has been the need for vastly-increased staff support for observation, data collection, record keeping, food collection and preparation, feeding, and enclosure maintenance. This has been accomplished through extra hours worked by the incumbent Avian Specialist, increased volunteer support, Chula Vista contract employee support, and through support fiom contract employees (non-City) paid by a grant fiom the U.S. Navy. The Captive Breeding Program team participants would like to continue to fine-tune the program's elements and procedures - even adding a third breeding pair - and work toward increasing productivity to bring this species back fiom the verge of extinction. In June, the City authorized the temporary hiring of a Certified Veterinary Technician to provide assistance in the care and feeding of the Clapper Rails and the rest of the bird collection. Even without the increased and special needs ofthe Clapper Rail chicks, staff had difficulty in providing coverage for the bird collection during the days of the week the Avian Specialist was not available to work (primarily Sundays, Mondays and vacation days). The availability of the temporary Avian Specialist position has alleviated those difficulties and has provided an increased level of professionalism, technical knowledge, and on-site support for visitors. On average, temporary staffing needs have been well in excess of 40 hours per week. Additionally, the availability of greater Avian Program support has/will permit the full-time Avian Specialist to focus more time on fund raising, educational program outreach, upcoming accreditation inspections, management coverage during visitor hours, and important external relationships. Continuing participation ofthe Chula Vista Nature Center in the Captive Breeding Program as a 2 /~. .1~ . ------ -.--- ---- leader necessitates the ability to perform critical functions professionally and thoroughly. Aside from the obvious positive ramifications of assisting an endangered species in its recovery in the wild, the positive public relations benefits can be tremendous as well as bringing the City and the Nature Center prestige, notoriety, and the potential for large grant funding. .75 FTE Horticulturist/Maintenance Specialist In May, the Nature Center Director reluctantly accepted the "resignation" of long-time volunteer George Turner who had worked tirelessly 4 days per week since 1987 to plant, prune and otherwise maintain the Nature Center's gardens, grounds, and irrigation systems. You may recall the article the Union-Tribune did to feature George and his flowers at the Nature Center this past spring. George had been firmly encouraged by his doctor for some time to get out of the sun and to "slow down". He had amassed over 13,000 volunteer hours. His departure had an immediate and significant impact on the Nature Center's ability to maintain the grounds, irrigation systems and a host of other elements. In June, the Nature Center enlisted temporary part-time support to fill these gaps and to be able to continue to present a clean and visitor-fiiendly facility. More specifically, Mr. Turner's duties included endangered species plant propagation; re-vegetation of areas of the grounds around the Nature Center cleared during grading; restoration of areas ofthe marsh disrupted by past uses; maintenance of the irrigation systems; pruning, watering and fertilizing ofthe drought-tolerant collection of plants which adorn the Center's gardens; and participating in the educational programs offered to visitors and school classes. During Mr. Tumer's tenure here, the City also let a contract to a local outfit for landscape maintenance. This crew comes out once a week and does heavy trimming and pruning for about an hour. Between George's efforts and the contract efforts, it has been possible to stay ahead of most of the work that needed to be done. As part of the temporary support personnel's assigned duties, a survey of the Center's: irrigation system, the plant population, and the overall exterior facilities was conducted in an effort to determine where additional needs existed. An evaluation ofthe effectiveness of the current landscape services contract was also undertaken. The survey results confirmed staff s belief about various facility components needing maintenance attention, the irrigation system having deficiencies, and that year-round, consistent maintenance ofthe plants is critical to their flowering potential in the spring. Additionally, analysis supported the conclusion that the landscaping contract was not cost effective in its present use. At a minimum, the needs that would be met by the addition of a .75 Horticulturist/Maintenance Specialist are: Irrigation system maintenance Endangered plant propagation Daily/weekly plant trimming, fertilizing (currently done by contractor) Re-vegetation, brush management, weed control Assistance with school groups in plant education activities Animal enclosure maintenance Paid Staff coverage on weekends (hard to come by) Exterior facility maintenance (major components) 3 /..<3 -0' -----.- --'0.-- -. Management of visitor safety and hazard avoidance program FISCAL IMPACT: The current year gross salary and benefits cost for the addition of the two .75 FTE positions is estimated at $54,369, but only $41,869 in appropriations are needed due to $12,500 in offsetting supplies and services expenditure reductions. Of the $41,869, $13,000 will be offset by new grant and donation revenue leaving $28,869 in expense to be covered by discretionary revenue; which is recommended to be funded by unanticipated General Fund interest revenue. In FY03 the cost of the positions is $78,362, to again be offset by $12,500 in supply and service savings for a total budget adjustment of$65,862 to be covered by $13,000 in program revenue and $52,862 in discretionary revenue which is recommended to be funded by unanticipated General Fund interest revenue. Avian Specialist HorticuIturistlMaint Specialist Annualized Salary and Benefits $40,440 $37,922 Navy Clapper Rail Grant $5,000 to $10,000 annually Specific Sponsorships/Donations $5,000 annually* $3,000 annually Elimination of Cage Repair $4,000 current year Contract .$2,000 per year in future Vet Services Savings $500 to $1,000 annually Overtime Savings $500 to $1,000 annually $1,000 to $2,000 annually Elimination of Landscape $6,000 annually ($3,500 in Maintenance Contract current year) Irrigation System Maintenance $1,000 annually Savings Utility Savings in Greenhouse $1,500 annually Net Impact FY2001102 $17,128 $12,241 On-going Impact (range) $23,440 - $29,440 $22,422 - $23,422 Net change in Revenue: Current Year FY 2002/03 + $13,000 + $13,000 (min) GF Appropriation Needed: $28,869 $52,862 (est) Budget Absorption: $12,500 $12,500 No additional costs are created in Supplies and Services with the addition ofthese positions. * There are emerging proposals (beyond the $5,000 listed) to fully fund the Clapper Rail Endangered Species Captive Breeding Program. These will likely take time to work out, but it is clear that the potential donors desire to see the program staff and components in-place before proceeding further. 4 /~- RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING A NEW CVEA CLASSIFICATION OF HORTICULTURIST/MAINTENANCE SPECIALIST AND SETTING THE SALARY EQUIVALENT TO A SENIOR GARDNER, APPROVING THE ADDITION OF .75 AVIAN SPECIALIST AND .75 HORTICULTURIST/MAINTENANCE SPECIALIST POSITIONS TO THE NATURE CENTER BUDGET; APPROPRIATING FUNDS THEREFOR, AND AMENDING THE ADOPTED FISCAL YEAR 2002/03 SPENDING PLAN THEREFOR WHEREAS, the Nature Center's Light-footed Clapper Rail Endangered Species Captive Breeding Program was very successful this past Spring and has received national attention; and WHEREAS, the success and the attention has facilitated the beginnings of long-awaited funding opportunities for program and facility support; and WHEREAS, with the increased demand for care and feeding of the expanded bird collection 7 days per week and the loss of critical volunteers who previously provided specialized facility, aviary, and garden maintenance support, there is a tremendous need for additional permanent part-time staff support; and WHEREAS, it is recommended that one .75 Avian Specialist position and one .75 Horticulture/Maintenance Specialist position be added to the Nature Center budget. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby approve the creation of a new CVEA classification of Horticulturist/Maintenance Specialist and sets the salary equivalent to a Senior Gardner, approves the addition of one. 75 Avian Specialist and one .75 Horticulturist/Maintenance Specialist positions to the Nature Center Budget. BE IT FURTHER RESOLVED that the FY 2001/02 Budget for the Nature Center is hereby amended by appropriating $13,000 in Unanticipated Grant and Donation Revenues and appropriating $28,869 in transfers-in from the General Fund. BE IT FURTHER RESOLVED that the FY 2001/02 Budget for the General Fund is hereby amended by appropriating $28,869 in unanticipated interest revenue for the necessary transfer-out to the Nature Center. 1 /;:- 5 BE IT FURTHER RESOLVED that the Adopted FY 2002/03 Spending Plan is hereby amended by increasing Nature Center Personnel Expenditures by $78,362 based on reductions in supplies and services of $12,500, unanticipated program revenue of $13,000 and funding $52,862 from transfers-in from the General Fund based on unanticipated interest revenue. Presented by Approved as to form by ~/kPrv Candy Emerson 0 n M. Kahen Director of Human Resources 'ty Attorney J, \attorney\reso\Nature Center budget 2 ~-¿CJ ---.-._..--._---- . ..-. -~...._.- ..----- ------- COUNCIL AGENDA STATEMENT Item 13 Meeting Date: 9/18/01 lTEM TITLE: Resolution Accepting bids and awarding contract for "Phase I of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-219)" project'and the "Main Street Pavement Reconstruction, Between Broadway and Interstate 805 (CIP No. STM-332)" project, including Additive Alternates I and II, to Hazard Construction Company / T.e. Construction Company, Inc., A Joint Venture in the amount of$8,729,617.75. SUBMlTTED BY: Director of Public worklf REVIEWED BY: City Manage~ (4/Sths Vote: Yes_No~ On Wednesday, August 22, 2001 at 2:00 p.m., the Director of Public Works received sealed bids for "Phase I of the Salt Creek Gravity Sewer Interceptor (CIP No. SW -219)" project and the "Main Street Pavement Reconstruction, Between Broadway and Interstate 805 (CIP No. STM-332)" project, both in the City of Chula Vista, California. The two (2) projects were advertised as one cohesive project with a single set of contract documents. Each project, however, contained their own unique sets of plans and specifications. The criteria for the lowest responsive bidder was based on the cumulative construction cost grand total of the two (2) projects. The work for "Phase I of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-219)" project primarily includes the installation of a 42-inch gravity sewer line within Main Street between Industrial Boulevard and Interstate 805 (See attached Exhibit "I "). The "Main Street Pavement Reconstruction, Between Broadway and Interstate 805" project mainly includes the reconstruction of the street pavement section along Main Street, approximately between Broadway and Interstate 805. The work to be done for both projects also includes all labor, materials, equipment, transportation, and other work as may be necessary to render the improvements complete in-place. RECOMMENDATION: 1. That Council accept bids and award the contract for "Phase I of the Salt Creek Gravity Sewer Interceptor (CIP No. SW -219)" project and the "Main Street Pavement Reconstruction, Between Broadway and Interstate 805 (CIP No. STM-332)" project, including Additive Alternates I and II, to Hazard Construction Company / T.e. Construction Company, Inc., A Joint Venture in the amount of$8,729,617.75. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Phase I of the Salt Creek Gravity Sewer Interceptor Phase I of the Salt Creek Gravity Sewer Interceptor project is the first of four construction phases that will ultimately construct a trunk sewer line from the Eastlake and Rolling Hills Ranch subdivisions to the City of San Diego Metro Interceptor located west of Interstate 5. The proposed trunk sewer line is needed in order to adequately convey the existing and projected sewage flow from the proposed developments in the eastern territories to the City of San Diego Metro Interceptor. The proposed trunk sewer line will also eventually convey sewage generated in the Poggi Canyon and Wolf Canyon Sewer Basins. --..-------- .--- Page 2 of 5, Item /3 Meeting Date: 9/18/01 The segment of the Salt Creek trunk sewer to be constructed for the project before Council today will include the portion located within Main Street, approximately between Industrial Boulevard and Interstate 805, with a portion of the sewer line extending through Otay Valley Road. The approximate length of the subject trunk sewer segment is 14,200 feet and the diameter and material is 42-inch polyvinyl chloride (P.V.c.). The installation of the trunk sewer will primarily utilize open-trench methods. Several segments of the sewer line will be installed using trenchless teclmology in order to install the segments beneath underground utilities that deter the installation by open-trench methods; the total distance of the trenchless sewer line is approximately 60-feet. The project work also includes all labor, materials, equipment, transportation, and other work as may be necessary to render the improvements complete in-place. Main Street Pavement Reconstruction, Between Broadway and Interstate 805 The "Main Street Pavement Reconstruction, Between Broadway and Interstate 805" project primarily involves the removal and replacement of the street pavement section along Main Street, approximately between Broadway and Interstate 80S. In addition, work to be done on the project also includes the installation of asphalt concrete berm, installation of pedestrian ramps, replacement of existing corrugated metal pipe (CMP) storm drains, pavement striping and signing, restoration of existing improvements, traffic control, and the construction of all appurtenances and other work as may be necessary to construct the improvements complete and workable. In order to minimize disruptions and inconveniences to the area merchants and residents along Main Street, City staff decided to advertise and award the two (2) projects collectively. By doing so, the resulting impacts from the construction activity on both projects will be significantly mitigated. Further, by having a single contractor coordinate both projects, the construction period for completion of the projects will be decreased. Project Advertisement The two (2) projects were advertised as one cohesive project with a single set of contract documents. Each project, however, contained their own unique sets of plans and specifications. The plans and specifications for "Phase I of the Salt Creek Gravity Sewer Interceptor" project were prepared by Dudek and Associates, Inc. of Encinitas, California. The City's Project Design and Management section prepared the plans and specifications for the "Main Street Pavement Reconstruction, Between Broadway and Interstate 805" project, prepared the contract documents for the two (2) projects and advertised them. A pre-bid meeting was held on August 3, 2001 to review the requirements of the projects and to receive any questions or concerns regarding the plans and specifications. The contractors present raised several concerns during the meeting and all issues that City staff felt required clarification were subsequently addressed through two (2) addendums for the projects. City staff received and opened bids on Wednesday, August 22, 2001 at 2:00 p.m. The bid proposal for the projects was divided into two (2) parts, Base Bid Part "A" and Base Bid Part "B". Base Bid Part "A" pertained to "Phase I of the Salt Creek Gravity Sewer Interceptor" project and Base Bid Part "B" pertained to the "Main Street Pavement Reconstruction, Between Broadway and Interstate 805" project. The lowest responsive bidder for both projects was based on the cumulative grand total of Base Bid Part "A" and "B". Bids from nine (9) contractors were received as follows (Bids sorted by the grand total amount of Part "A" and "B"): /3 --"- -"-'---'-- ...- Page 3 DeS, Item /3 Meeting Date: 9/18/01 BASE BID BASE BID PART"A"&"B" CONTRACTOR PART "A" PART "B" GRAND TOTAL (Salt Creek Sewer) (Main Street) I. Hazard Construction Co./T.C. $3,978,900.00 $4,360,567.75 $8,339,467.75 Construction Co., Inc., A Joint Venture 2. West Coast General $4,068,134.65 $4,463,934.76 8,532,069.41 Corporation 3. Southern California $4,082,490.00 $4,472,232.00 $8,554,722.00 Underground Contractors 4- Cass Construction, Inc. $4,751,553.75 $4,094,315.20 $8,845,868.95 5. Vadnais Corporation $4,812,273.00 $4,671,542.25 $9,483,815.25 6. PCL Civil Constructors, Inc. $5,418,935.00 $4,748,085.00 $10,167,020.00 7. Wier Construction Corp. $4,950,832.52 $5,682,630.13 $10,633,462.65 8. Erreca's/Hanson SJH $4,706,474.55 $5,944,194.75 $10,650,669.30 9. Silberberger Engineers, Inc. $5,738,380.00 $5,118,623.05 $10,857,003.05 Two (2) bid additive alternates, Additive Alternate "I" and "II", were included in the bid proposal for the "Main Street Pavement Reconstruction, Between Broadway and Interstate 805" project. Additive Alternate "I" is for additional removal and replacement of existing CMP storm drains and Additive Alternate "II" is for the installation of Portland Cement Concrete (P.e.e.) bus stop pads along Main Street between Broadway and Interstate 805. The purpose of the bid additive alternates was to allow the Contractor to bid on additional work specified in the plans and specifications and to give the City flexibility in the construction of the project if the budget allowed. The bid additive alternates, however, were not considered in the awarding of the contract. The bids for Additive Alternate "I" and "II" are summarized below in order of contractor's grand total amount of Part "A" and "B"; the contract grand total, which includes the cumulative total of Part "A" and "B" and Additive Alternate "I" and "11", is also summarized below. CONTRACTOR TOTAL OF ADDITIVE CONTRACT ALTERNATE "I" & "n" GRAND TOTAL I. Hazard Construction Co./Te. $390,150.00 $8,729,617.75 Construction Co., Inc., A Joint Venture 2. West Coast General Corporation $237,918.05 $8,769,987.46 3. Southern California Underground $326,275.00 $8,880,997.00 Contractors 4. Cass Construction, Inc. $249,275.00 $9,095,143.95 5. Vadnais Corporation $439,330.00 $9,923,145.25 6. PCL Civil Constructors, Inc. $326,330.00 $10,493,350.00 7. Wier Construction Corp. $429,741.40 $11,063,204.05 8. Erreca's/Hanson SJH $502,176.00 $11,152,845.30 9. Silberberger Engineers, Inc. $317,159.00 $11,174,162.05 . -..-.-.------ -- ..._._-- Page 4 of 5, Item /3 Meeting Date: 9/18/01 City staffreceived excellent bids for the projects. The total low bid from Hazard Construction Company / T.e. Construction Company, Inc., A Joint Venture is below the Engineer's estimate for the two (2) projects of$IO,167,376.75 by $1,437,759.00 or approximately 14%. The Engineer's estimate was based on average unit prices for similar types of work completed during the last three (3) years. While City staff has seen a recent trend with bids coming in below the Engineer's estimate, it is unclear as to the eventual impact on the unit prices used for our estimates. Engineering staff checked the references provided by the contractor. All references were verified and their work has been satisfactory. The Contractor's License Numbers for Hazard Construction Company and T.e. Construction Company, Inc. are 750542 and 402459, respectively, and are clear and CUlTent. Staff has reviewed the low bid and is recommending awarding the contract to Hazard Construction Company / T.e. Construction Company, Inc., A Joint Venture in the amount of$8,729,617.75. Disclosure Statement Attachment "A" is a copy of the contractor's Disclosure Statement. Environmental Status -Phase 1 of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-219)- On July 17, 2001, by Resolution 2001-218, Council approved the resolution certifying the Final Environmental Impact Report (FEIR), adopting the Findings of Fact and Mitigation Monitoring and Reporting Program and approving the first phase of construction of the Salt Creek Gravity Sewer Interceptor. The FEIR discussed four policy options for the alignment of the trunk sewer, however, Council was not asked at that time to select a policy option. The staff report also indicated that the project was broken into three major phases and discussed the limits of the phases (See Attachment "B"). Consequently, with the approval of Resolution 2001-218, Council approved the construction of the first phase of construction since this first phase does not require any right-of-way acquisition regardless of which option was finally chosen. -Main Street Pavement Reconstruction, Between Broadway and Interstate 805 (CIP No. STM-332)- The City's Environmental Review Coordinator has reviewed the work involved in the "Main Street Pavement Reconstruction, Between Broadway and Interstate 805" project and has determined that the project is exempt pursuant to Section 15302, Class 2 (Replacement or Reconstruction of Existing Facilities) of the California Environmental Quality Act (CEQA) guidelines. !,revailing Wage Statement The sources of funding for the projects are as follows: -Phase 1 of the Salt Creek Gravity Sewer Interceptor (CII' No. SW-219)- a. Salt Creek Sewer DIF b. Trunk Sewer Capital Reserve Fund -Main Street Pavement Reconstruction, Between Broadway and Interstate 805 (CIP No. STM-332)- a. TRANSNET b. Trunk Sewer Capital Reserve Fund ....--,.----..-------..- Page 5 of 5, Item /3 Meeting Date: 9/18/01 No special Disadvantage Business Enterprise (DB E) and/or minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. Based on the current project funding guidelines, the contractors bidding these projects were not required to pay prevailing wages to persons employed by them for the work under these projects. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Hazard Construction Company/T.C. Construction Company, $8,729,617.75 Inc., A Joint Venture) B. Contingencies (10%) $875,000.00 C. Staff Costs (Administration, Design, and Inspection) $295,382.25 D. Consultant Costs (Soils, Materials & Storm Water Testing) $200,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $10,100,000.00 FUNDS AVAILABLE FOR CONSTRUCTION -Phase 1 of the Salt Creek Gravity Sewer Interceptor- A. Salt Creek Sewer DIF (SW-219) $525,000.00 B. Trunk Sewer Capital Reserve Fund (SW-219) $4,075,000.00 -Main Street Pavement Reconstruction, Between Broadway and Interstate 805- A. TRANSNET (STM-332) $3,600,000.00 B. Trunk Sewer Capital Reserve Fund (SW-219) $1,900,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $10,100,000.00 The above action of awarding the contract will authorize a total expenditure of $10, I 00,000.00 from the budgeted CIP projects. In order to complete the "Main Street Pavement Reconstruction, Between Broadway and Interstate 805" project, an additional $1,900,000.00 will be encumbered from the Trunk Sewer Capital Reserve Fund. The quantity of pavement along Main Street that the subject trunk sewer project will disrupt was estimated by City staff and the associated cost for replacing the pavement was determined. The estimated cost for replacing the pavement affected by the construction of the trunk sewer project is approximately $1,900,000.00. The money to be encumbered from the Trunk Sewer Capital Reserve Fund is considered the "fair share" amount that the trunk sewer project should contribute to pavement replacement along Main Street. Fiscal Impact The funding mechanisms do not include funding for maintenance. The City will be solely responsible for the maintenance of the trunk sewer line and Main Street pavement. Exhibit: 1 - Salt Creek Sewer Interceptor Vicinity Map Attachment: A - Contractor's Disclosure Statement B - Resolution 2001-218 J:IEng;neerIDESIGN\Stm332\A113stm332.GET.doe 9/04/01 ,-----,,-----,. -- E)<.,^\~Il: t'r " '1.. /'. = = Ë:' ca Q - - I CD - ' == = ti3 CDi: en I <""as .. ~\== CD"'¡ -- ' .. (= \ Ü . .. /// ... =/ - ~ & /-c---t!<: - ~ /;'LfI:þ " , /; -r"" ¡' c.-" J I A fI",c.,^W\e.",-'\ 'rAn < I THE CITY OF CHULA VISTA DISCLOSURE STATEMENT I Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of I disclosure of certain ownership or financial interests. payments, or campaign contributions for a City of Chula Vista election must be filed. The following infonnation must be disclosed: I L List the names of all persons having a fInancial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. I ~f+ I 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of I all individuals with a $1000 investment in the business (corporation/partnership) entity. ft= . ~ 3. If any person" identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or ~ beneficiary or trustor of the trust. 1'1"' - ~ 4. Please identify every person, including any agents. employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. . ffß ~ . ~ ~ I 19 /:3-7 .._..._-------_. -- -..--.--------- 5. Has -any person* associated with this contract had any fmancial dealings with an official*~ the City of Chula Vista as it relates to this contract within the past 12 months? Yes_No- If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the PVlve (12) months to a current member of the Chula Vista City Council? Yes_No- If Yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes_No~IfYes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This incl~ing a source of income, money to retire a legal debt, gift, loan, etc.) Yes - No~ If Yes, which official** and what was the nature of item provided? Date: g:2f~.o / ctor/ Applicant W-.S.~-~~ Print or type name of Contractor/Applicant * Person is defIDed as: any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Conunissioner, Member of a board, connnission, or committee of the City, employee, or staff members. 20 /3 ~--- - '---------.-.- .---. - --------- .A+ro.cbent ,,1/ Õ RESOLUTION NO. 2001-218 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR), ADOPTING THE FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING THE FIRST PHASE OF CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR WHEREAS, the Salt Creek Gravity Sewer Interceptor ("Project") is being designed to convey wastewater flows from developments within the Salt Creek Basin, in eastern Chula Vista and also provide additional capacity to the existing wastewater collection system in Southern Chula Vista; and WHEREAS, the Salt Creek Sewer has been envisioned in a series of planning documents for the City of Chula Vista including the City General Plan (GP), the Otay Ranch General Development Plan (GDP), the Multiple Species Conservation Program Subregional Plan, and the Draft Multiple Species Conservation Plan City of Chula Vista Subarea Plan; and WHEREAS, as part of the environmental review process to analyze potential environmental impacts resulting &om the construction òf this facility, a Final Program Environmental Impact Report (FEIR 01-03), was prepared for this project; and WHEREAS, this Final EIR includes an analysis of four possible alignments for the trunk sewer termed "Policy Options I through 4," and these alignments were all completely analyzed at a project-level; and WHEREAS, on June 13, 2001, the Planning Commission upon completion of their review of this Final EIR, determined that the FEIR was complete and in compliance with the California Environmental and therefore certified the FEIR and adopted the Findings of Fact and recommended that City Council certifY the FEIR and adopt the Findings of Fact and Mitigation Monitoring and Reporting Program; and WHEREAS, to the extent that the Findings of Fact identified as Exhibit "A" of this Resolution, conclude that proposed mitigation measures outlined in the Final EIR 01-03 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are nol merely infonnation or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program, Exhibit "B" of this Resolution, are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. WHEREAS, the construction of First Phase of the Salt Creek Gravity Sewer Interceptor involves the construction of the portion of the Salt Creek Trunk Sewer between Industrial Blvd. and Interstate - 805 Freeway, and does not require the acquisition of right-of-way. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista finds, determines, resolves and orders as follows: ..._.- ---_. Resolution 2001-218 - Page 2 I. CITY COUNCIL RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on Draft EIR 01-03 held on April 11, 2001 and the minutes and resolutions resulting therefrom and the proceedings; all evidence introduced before the Planning Commission at their meeting on June 13,2001 on FEIR 01-03 and all evidence introduced before the City Council at their meeting on July 17, 2001 on FElR 01-03 are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (public Resources Code §21Ooo et seq.). II. FEIROI-03 CONTENTS That the FEIR 01-03 consists of the following: 1. Program EIR for the Salt Creek Interceptor Sewer (EIR 01-03 including technical appendices) and an Addendum; 2. Public Comments and Responses to Comment (All hereafter collectively referred to as "FEIR 01-03") III. ACCOMPANYING DOCUMENTS TO FEIR 01-03 L Mitigation Monitoring and Reporting Program; 2. Findings of Fact IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby find that FEIR 01-03 and the Findings of Fact (Exhibit "A") and the Mitigation Monitoring and Reporting Program (Exhibit "B") are prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 § 15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. v. INDEPENDENT JUDGEMENT OF PLANNING COMMISSION That the City Council finds that the FElR 01-03 reflects the independent judgment of the City of Chula Vista City Council. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM ACTION A. Adoption of Findings of Fact __.0._- - /3 ~/o . '_'.'."___--__0-.....0 -..- Resolution 2001-218 Page 3 The City Council of the City ofChula Vista does hereby approve and accepts as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Exhibit "A." B. Mitigation Measures Feasible and Adopted AJ> more fully identified and set forth in FEIR 01-03 and in the Findings of Fact for this Project, which is Exhibit "A" to this Resolution, the City Council does hereby find pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and will become binding upon the City ofChula Vista to implement the same. C. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the City Council of the City ofChula Vista does hereby adopt the Mitigation Monitoring and Reporting Program ("Program") set forth in Exhibit "B." The City Council further finds that the Program is designed to ensure that, during project implementation, the responsible parties implement the Project components and comply with the feasible mitigation measure identified in the Findings of Fact and the Program. VII. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act (CEQA) [Public Resources Code §21000 et seq.J. BE IT FURTHER RESOLVED THAT the City Council of the City ofChula Vista finds that FEIR 01-03 and the Findings of Fact (Exhibit "A"), and the Mitigation Monitoring and Reporting Program (Exhibit "B") are prepared in accordance with the requirement of CEQA (pub. Resources Code, §21000 et seq.), CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista and therefore should be certified. BE IT FURTHER RESOLVED THAT the City Council approve construction of the First Phase of the Salt Creek Gravity Sewer Interceptor and that all mitigation measures pertinent to the First Phase contained within the Mitigation Monitoring and Reporting Program, Exhibit "B," of this Resolution, are hereby made express conditions of the project construction of the First Phase. - -- -- -" /3~ --.-. ------------- Resolution 2001-218 Page 4 Presented by Approved as to form by ~/~' ~.::.:~ Jo P. Lippitt ~ Pu lic Works DIrector Ity Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17ft¡ day of July, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Rindone ~~J~an, Shirley Horto Mayor ATTEST: J~~6AU ]h Susan Bigelow, City Clerk 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. 2001-218 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 171h day of July, 2001. Executed this 17th day ofJuly, 2001. k . ~~ ~~ usan Bigelow, Ity erk -"'-------'-' 0- ----.------. - RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "PHASE I OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (CIP SW-219)" PROJECT AND THE "MAIN STREET PAVEMENT RECONSTRUCTION BETWEEN BROADWAY AND INTERSTATE 805" (CIP NO. STM-332)" PROJECT, INCLUDING ADDITIVE ALTERNATES I AND II, TO HAZARD CONSTRUCTION COMPANY/T.e. CONSTRUCTION COMPANY, INc., A JOINT VENTURE IN THE AMOUNT OF $8,729,617.75 WHEREAS, on Wednesday, August 22, 2001 at 2:00 p.m., the Director of Public Works received sealed bids for "Phase 1 of the Salt Creek Gravity Sewer Interceptor (CIP No- SW-219)" project and the "Main Street Pavement Reconstruction, Between Broadway and Interstate 805 (CIP No. STM-332)" project, both in the City ofChula Vista, California; and WHEREAS, the two (2) projects were advertised as one cohesive project with a single set of contract documents, however, each project, contained their own unique sets of plans and specifications; and WHEREAS, the criteria for the lowest responsive bidder was based on the cumulative construction cost grand total of the two (2) projects; and WHEREAS, the work for "Phase 1 of the Salt Creek Gravity Sewer Interceptor (CIP No. SW- 219)" project primarily includes the installation of a 42-inch gravity sewer line within Main Street between Industrial Boulevard and Interstate 805 and the "Main Street Pavement Reconstruction, Between Broadway and Interstate 805" project mainly includes the reconstruction of the street pavemeÜt section along Main Street, approximately between Broadway and Interstale 805; and WHEREAS, the work to be done for both projects also includes all labor, materials, equipment, transportation, and other work as may be necessary to render the improvements complete in-place; and WHEREAS, the following bids were received: BASE BID BASE BID PART "A" & "ß" CONTRACTOR PART "A" PART "ß" GRAND TOTAL (Salt Creek Sewer) (Main Street) 1. Hazard Construction CoILC. $3,978,900.00 $4,360,567.75 $8,339,467.75 Construction Co., Inc., A Joint Venture 2. West Coast General $4,068,134.65 $4,463,934.76 8,532,069.41 Corporation 3. Southern California $4,082,490.00 $4,472,232.00 $8,554,722.00 Underground Contractors 1 ~/3 . .---""..---- 4. Cass Construction, Inc. $4,751,553.75 $4,094,315.20 $8,845,868.95 5. Vadnais Corporation $4,812,273.00 $4,671,542.25 $9,483,815.25 6. PCL Civil Constructors, Inc. $5,418,935.00 $4,748,085.00 $10,167,020.00 7. WIer Construction Corp. $4,950,832.52 $5,682,630.13 $10,633,462.65 8. Erreca's/Hanson SJH $4,706,4 74.55 $5,944,194.75 $10,650,669.30 9. Silberberger Engineers, Inc. $5,738,380_00 $5,118,623.05 $10,857,003.05 WHEREAS, two (2) bid additive altemates, Additive Alternate "I" and "II", were included in the bid proposal for the "Main Street Pavement Reconstruction, Between Broadway and Interstate 805" project. Additive Altel11ate "r" is for additional removal and replacement of existing CMP stoml drains and Additive Altel11ate "II" is for the installation of Portland Cement Concrete (P.c.e.) bus stop pads along Main Street between Broadway and Interstate 805; and WHEREAS, the bids for Additive Alternate "I" and "II" are summarized below in order of contractor's grand total amount of Part "A" and "B"; the contract grand total, which includes the cLlmulative total of Part "A" and "8" and Additive Altemate "I" and "II", is also summarized below. CONTRACTOR TOTAL OF ADDITIVE CONTRACT ALTERNATE "I" & "II" GRAND TOTAL I. Hazard Construction Co./T.e. $390,150.00 $8,729,617.75 Construction Co., Inc., A Joint Venture 2. West Coast General Corporation $237,918.05 $8,769,987.46 3. Southern California Underground $326,275.00 $8,880,997.00 Contractors 4. Cass Construction, Inc. $249,275.00 $9,095,143.95 5. Vadnais Corporation $439,330.00 $9,923,145.25 6. PCL Civil Constructors, Inc. $326,330.00 $10,493,350.00 7. Wier Construction Corp. $429,741.40 $11,063,204.05 8. Erreca's/Hanson SJH $502,176.00 $11,152,845.30 9. Silberberger Engineers, Inc. $317,159.00 $11,174,162.05 WHEREAS, the total low bid from Hazard Construction Company I T.e. Construction Company, Inc., A Joint Venture is below the Engineer's estimate for the two (2) projects of $10,167,376.75 by $1,437,759.00 or approximately 14%; and WHEREAS, Engineering staff checked the refcrcnces provided by the contractor and all references were verified and their work has been satisfactory and staff is recommending awarding the contract to Hazard Construction Company I T.e. Construction Company, Inc., A Joint Venture in the amount of $8,729,617.75; and 2 ...- ,,-----...----- ..-----....-- WHEREAS, on July 17, 2001, by Resolution 2001-218, Council approved the resolution certifying the Final Environmental Impact Report (FEIR), adopting the Findings of Fact and Mitigation Monitoring and Reporting Program and approving the first phase of construction of the Salt Creek Gravity Sewer Interceptor; and WHEREAS, the City's Environmental Review Coordinator has reviewed the work involved in the "Main Street Pavement Reconstruction, Between Broadway and Interstate 805" project and has determined that the project is exempt pursuant to Section 15302, Class 2 (Replacement or Reconstruction of Existing Facilities) of the California Environmental Quality Act (CEQA) guidelines. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award the contract for "Phase I of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-219)" project and the 'Main Street Pavement Reconstruction, Between Broadway and Interstate 805 ) CIP No. STM-332)", including Additive Alternates I and II, to Hazard Construction Company/T.e. Construction Company, Inc., A Joint Venture, in the amount of $8,729,617.75. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by CA.- ~-Irk John P. Lippitt John M. Kaheny Director of Public Works City Attorney J\Allnmcy\Rcsn\Salt C,cck S"m Inl""cpl"" hid 3 .--..--------- _.m._..--_------ COUNCIL AGENDA STATEMENT Item L Meeting Date 9/18/01 ITEM TITLE: Resolution Approving the eleventh amendment to the agreement between the City of Chula Vista and Rick Engineering Company for engineering design services for the final design Plans, Specifications & Estimates (PS&E) for the 1-805 at Olympic Parkway/East Orange Avenue Interchange, additional environmental analysis for Olympic Parkway, and the interchange at I-805IEast Orange Avenue, and the design of the Olympic Parkway sound wall; waiving the consultant selection process and authorizing the Mayor to execute said amendment in behalf of the City. SUBMITTED BY: Director of Public W ork~ REVIEWED BY: City Manage~ (4/Sths Vote: Yes- No.KJ On January 23, 1996, Council by Resolution No. 18193 approved a contract with Rick Engineering Company for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street. Since then, due to additional work requirements by the City and Caltrans, ten amendments to this contract have been made. Under the proposed eleventh amendment ($426,642), Rick Engineering will be providing for the general engineering design services associated with the right-of-way acquisition work, bridge deck widening and construction of sidewalks along the north side of Olympic Parkway at the 1-805 and Olympic Parkway/East Orange Avenue interchange. There is additional out-of-scope work by two subconsultants for the work on Olympic Parkway widening which is also a part ofthis amendment. RECOMMENDATION: That Council approve a resolution approving the eleventh amendment to the agreement between the City ofChula Vista and Rick Engineering Company for the right-of-way acquisition work, bridge deck widening and final design for additional sidewalks to be located along the north sidc of Olympic Parkway at the 1-805 at Olympic ParkwaylEast Orange Avenuc Interchange, additiona1 analysis for Olympic Parkway, and structural calculations for thc construction of the 01ympic Parkway sound wall; waiving the consultant selection process and authorizing the Mayor to execute said amendment in behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In late 1995, after a thorough selection process, staff recommended that Rick Engineering Company be awarded a contract for engineering services for three interchanges with Interstate 805 at Telegraph Canyon Road, Olympic Parkway and East Palomar Street. Council Resolution No. 18193 approved the agreement with Rick Engineering Company on January 23, 1996. Since then, Rick Engineering has worked diligently to design and process the project with all the agencies involved (local, State, and Federal). --.---...--.--- . --- '-'-' Page 2, Item ~ Meeting Date 9/18/01 Previous Contract Amendments During this period, ten amendments to the contract have been made (see Exhibit #1) due to modification, delays, and changes encountered throughout the plauning and design phases of the three interchanges. The first two amendments were approved by Council Resolution Nos. 18555 and 18670 on January 21, 1997 and May 20, 1997, increasing the original contact cost of $502,070 to $648,390. The third amendment was approved by Council on August 5,1997 by Resolution No. 18749. This contract amendment was necessary for Rick Engineering's preparation of a Noise Barrier Scope Summary Report in connection with an opportunity to obtain State funding fiom their retrofit soundwall program along freeways. This amendment authorized $6,000 for preparation of the Noise Barrier report. The City's application for State Soundwall Retrofit funding was successful in the amount of$I.14 million. These funds will be used to offset part of the construction cost of the Olympic Parkway Interchange. The fourth amendment ($355,050) and fifth ($174,700) amendments to the contract covered additional follow-up work required by Caltrans, affecting all three interchanges. The fourth and fifth amendments were approved by Council on November 17, 1998 by Resolution No. 19269, and July 13, 1999 by Resolution No. 19540, respectively. Council approved the sixth amendment ($73,700) on February 22, 2000 by Reso]ution No. 2000-062 and the seventh amendment ($] 32, 1 00) on June 20,2000 by Resolution No. 2000-224 to the Rick Engineering contract, which provided for the completion of the Plans, Specifications and Estimate (PS&E) for the Olympic Parkway roadway section only between a point just east ofthe Pac-Bell utility vault, east of Oleander Avenue to Brandywine Avenue. Said amendments consisted of roadway widening work which was originally to be completed by the Sunbow II developer. This widening project is a TransDi f (TDIF) project to be constructed by the TDIF program. Since the developer will receive TDIF credit and the federal demonstration funding was intended to supplement the TDlF, it made sense to staff to move the responsibility to build it by the TDIF program to the City in order take advantage of the funding opportunity. Therefore, staff proposed moving the construction of the widening project and combining it with the interchange project. Subsequently this phase was separated from the interchange project in order to complete the widening on the same schedule as the segment from Brandywine Avenue to Paseo Ranchero that is being constructed by the developers. The eighth amendment ($1,423,360) to the Rick Engineering contract was approved by Council on September ]2, 2000 by Resolution No. 2000-321, and provided for the completion of the final design PS&E for the I-80S/Olympic Parkway intcrchange and the roadway portion of Olympic Parkway from Melrose Avenue to the Pac-Bell vault located just east of Oleander Avenue. The intersection of Olympic Parkway and Oleander Avenue and a portion of the work to the east (to the Pac-Bell vault) will be done with the eighth amendment due to the long lead time required for Pac-Bell to relocate their fiber optic utility vault. The ninth amcndment ($43,640) was recently approved at the staff level since the contract amendment amount is below the amount required to go to Council. This amendment provided for additional traffic analysis requested by Caltrans for the 1-805 interchanges, additional noise impact analysis required with respect to the soundwall design on Olympic Parkway and related expenses. . -------- .--. . --- ---- Page 3, Item - Meeting Date 9/18/01 The tenth amendment ($66,990) to the Rick Engineering contract was approved by Council on March 6, 200 I by Resolution No. 2001-048 and provided for the general engineering design services for the signalized intersection at the existing intersection of Olympic Parkway and Concord Way. Rick Engineering provided traffic signal and improvement plan design work for modifications to the raised median on Olympic Parkway in order to provide an access point into and out of the condominium project. KTU+A, a subcontractor for Rick Engineering, provided landscape architectural services for the planting and irrigation of the project as well as the conceptual plan as required for the above design change. Proposed Contract Amendment For this eleventh amendment ($426,642), Rick Engineering and their subconsultants will provide for general engineering design services associated with the right-of-way acquisition services needed along the 1-805 corridor for the sound walls, bridge deck widening for the construction of sidewalks along the north side of Olympic Parkway at the 1-805 and Olympic Parkway/Orange Avenue interchange and certain subconsultant scrvices required on the Olympic Parkway project between Oleander and Brandywine Avenues. A. Olympic Parkway/I-805 Interchange ($421,349) [STM-328]. Rick Engineering will be providing the general engineering design services for the additional construction of sidewalks along the north side of Olympic Parkway at the 1-805 and Olympic Parkway/Orange Avenue interchange (see Exhibit #2). This addition was necessary as a result ofthe implementation of the Caltrans District II "Right-of-Way Program." This amendment will also provide for additional CEQA analysis for Olympic Parkway, and the I-805IEast Orange Avenue and I-80S/Palomar Street Interchanges. In addition, the consultant will provide for structural calculations and design of the proposed Olympic Parkway sound wall. The subconsultants and work proposed is (see Exhibit #3): I. Rick Engineering will provide final design plans, Specifications and Estimates (PS&E) for the construction of sidewalks (including the bridge structure) along Olympic Parkway, at the 1-805 and Orange Avenue/Olympic Parkway Interchange ($159,900.00). 2. Helix Environmental Planning will provide CEQA analysis for Olympic Parkway, and the 1- 805/0range Avenue and I-805/East Palomar Street Interchanges ($25,670.00) 3. T.Y. Lin International-McDaniel will provide preliminary structural calculations and design for the proposed Olympic Parkway bridge deck widening ($3,279.00). 4. JANMAC will provide right of way acquisition services for work related to the 1- 805/0lympic Parkway improvements from approximately 80 properties ($232,500). B. Olympic Parkway between Oleander Avenue to Brandywine Avenue ($5,293) [STM-344]. The contract changes for this project are related to work done by two subconsultants for Rick Engineering Company for this roadway segment (see Exhibit #4). Due to the time constraints necessary to open this project to traffic on the expedited schedule this work has was authorized by staff and is to be ratified by the Council. If 2. .....) --------___'__0. ----- Page 4, Item-.!.L Meeting Date 9/18/01 The subconsultants and work is shown on Exhibit #5: 1. Helix Environmental Planning had additional work related to conducting Noise analysis for the sound wall along the condominium project ($1,593). 2. T. Y. Lin International-McDaniel provided structural calculations and design for the proposed sound wall along Olympic Parkway ($3,700) Rates As in the case of the previous amendments, Rick Engineering Company, and their subconsultants, propose to accomplish this additional scope of work at what we believe is a reasonable price. Rick Engineering is being proposed to do the design change order for this work without a new competitive consultant selection process because they are the "Engineer-of- Work" for this project and thus possess extensive cumulative knowledge of the project planning and design essential for the successful completion ofthis project. The original RFP indicated that the design could be contracted for on the basis of that RFP if the consultant's work was satisfactory. Rick Engineering has completed the design for the I-805/0Iympic Parkway interchange and the Olympic Parkway roadway segment work and it would be more efficient if they completed the work. Rick Engineering's performance and extensive cumulative knowledge of the project will be valuable in quickly completing this critical element of our transportation system. Accordingly, staff is recommending that the City Council waive the consultant selection process of Municipal Code Section 2.56.070 because ofthe substantial design work already performed by Rick Engineering on the Olympic Parkway project, which makes the selection impractical and potentially detrimental to the project in light of the need for coordinated design drawings and that the original RFP proposed such an arrangement The proposed amendment provides for the reimbursement of up to $3,000.00 for 1-805/Olympic Parkway in expenses incurred by Rick Engineering in the perforn1ance ofthe additional work. These expenses include the cost of making blueprints and copies of various reports. The reimbursable expenses are a budget item for all phases (projects) included in the contract. Future Council Agenda Item A. East Palomar Street/I-805 Interchange [STM-329]. Although tonight's action will not authorize staff to contract with the Rick Engineering Company to proceed with the additional work related to this project, due to budget issues, staff anticipates returning to Council with a financing plan for this CIP project in order to move up the project from the current schedule ofFYO4/05 (see Exhibit #6). This project is one of the six Eastern Chula Vista Traffic Enhancement Projects (ECVTEP) identified in the July 24,2001 City Council agenda item. The ECVTEP has been identified by Council as six top priority projects for the City. Since this project currently is shown to be financed by TDIF funds three years from now and there is not sufficient balance in the TDIF account for the project to begin this fiscal year, staff will be exploring alternative interim financing options and return as quickly as possible with an agenda item to approve the financing and consultant services needed for this project. .------.-.-----------..-. .-..-.---.-.-. Page 5, Item ~ Meeting Date 9/18/01 The limits of this project extend southerly to Olympic Parkway and northerly to Telegraph Canyon Road. Design of said interchange will be based on the full-interchange design, as required by Caltrans and the Federal Highway Administration. This work is the next logical extension of the work for which Rick Engineering is already under contract and is necessary to move ahead with this project in an expedited manner. FISCAL IMPACT: The proposed eleventh amendment will increase the contract with Rick Engineering, as amended, by $426,642 to a total of$3,350,572. All ofthe costs associated with this amendment, as well as the amended contract, will be funded fiom the TDIF. There are sufficient funds in each of the project funds to cover the proposed increase. City staff will be involved in oversight, coordination and direction. The East Palomar Street/I-805 interchange project is currently not funded in this year's CIP. City staff will be working on a financing plan and return to the City Council in the near future with an agenda item on this ECVTEP project. EXHIBITS: I.Summary of costs for each amendment (2 pages) 2.0lympic Parkway/I-805 CIP No. STM-328 3.Rick Engineering Company Seopc of Work dated July II, August 20 & Septcmber4, 2001 (25 pages) 4.0lymplc Parkway, Oleandcr A venue 10 Brandywine A vcnue ClP No. STM-344 5.R1ckEnginccring Company Scopc of Work datcd June 14,2001 (II pagcs) 6.East Palomar Street/I-805 CIP No. STM-329 J:IEngineerlADVPLANIIIRICKa113fxr90701.doc File No. 0735-1 0-STM328 0735-1 0-STM329 0735-1 O-STM344 -------' ~"';:¡o '" N8S:;;:<;§g:i::s ~ -==~3'" .,,~"'-;':¡ ~"" - 0 000": ~"""o' "00- "'." -.., ..,..,----'" '" ~~~ ~ ~ ~ ~ ~ ¡;¡ ~~ ~ ¡;¡ a ~ < - -~¡¡i!¡;;:;; ::;gs:;;:;¡",8:i': ~ 2'¡;.~g. 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C U 0 :z ~ G ;: ~ /7" [) ---'---"---' "'ROM: "'" 01, EnglnlOerIng Compan~ FAX NO. : JuJ. 11 2001 10: 26AM P1 .3 EXHIBIT -~ BlOCK '. ENGINEERING '. .COMmNY "'Of"",.....s..Oi"",CA 92>1"-2'96' PI...." 0'9-291-<1707. ~~~~ Fax Transmittal To: Frank Rivera Company: City of ChuIa Vista From: Edgar Camerino Date: July 11,2001 Time: 11:20 a.m. Job No: 12755 (I-80S/Orange Avenue Interchange) Fax No: (619) 691-5171 Pages to follow. including cover sheet --.!.L. Rick Engineering Company Fax No. (619)291-4165 Comments;Frank - Please find enclosed our proposal for additional out ofscoDe work related to the subject project. Please call me or Kai Ramer at (619) 291-0707 ifvou have anv Questions. Thanks. cc: , """"", ---------- -- FROM: 'Rld EnglnEErlng Compan~ FRX NO. : Jul. 11 2001 10:25RM P2 ~ '020 r,.;.,," R"ad RICK ENCINEEKlNG COMPANY -,:.:: S"n 1J;c'~" "- :-' ~ '"Iif",."i. 'J2110.S96 Tn",spur'"'Ù,,, L"!ivi"",-, 1619) 291-0707 f^X, (619) 291.416) July 10,200] Me. Cliff Swanson City ofChula Vista 276 Fourth A venue Chula Vista, California 91910 SUBJECT: 1-805/0RANGE AVENUE INTERCHANGE - RIGHT OF WAY, SWPPP, AND NOISE MITIGATION SERVICES (JOB NUMBER 12755) Dear Cliff: Per your direction, we are providing a proposal for right of way consultant services and work necessary to complete noise mitigation documents for the 1-805/Orange Avenue Interchange project. In addition, the cWTent construction drawing plan set needs to include Storm Water Pollution Prevention Plans (SWPPP) as required by Caltrans' Plans, Specifications. and Estimate (PS&E) glÚdelines. The additional scope of work and fees are more specifically deified as follows: Scope of Work I. Right of Way Consultant Services (JANMAC, Inc.) Provide appraisal and right-of-way acquisition services for the I-805/0range Avenue Interchange project. The work involves acquiring 80 permits to do work on private property for the installation of sound attenuation structures and acquiring 14 partial takings for the construction offteeway improvements. The work also includes appraisal services associated with estimating the fair market rent for 80 permits and estimating the fair market value of the 14 partial takings. (See Exhibit 'A 'jòr a detailed description of the work to be performed) 2. Right of Way Coordination Coordinate right of way issues with JANMAC, the City ofChula Vista. and Caltrans. Proposed work to indude title reportlJot book report coordination, general right of way coordination, and the preparation/coordination of cxhibits/details. - ..---.------,-.-.---,--.--..-----..---- FRO~1 : 'RIck EngInEEring Compan!: FAX NO. : Ju 1. 11 2001 10: 27AM P3 Mr. Cliff Swanson July 10,2001 Page 2 oD 3. Noise Mitigation Services Coordinate all issues regarding noise attenuation with the owner of each home designated to receive sound attenuation within the project boundary to finalize the Feasibility and Reasonableness of Noise Abatement Report. Work to be performed includes: A. Prepare plan and profile exhibits of each affected property. B Homeowner coordination, which includes a field visit to each affected property, preparation of information packages for each property, and documentation of the existing property. 4. Storm Water Pollution Prevention Plan (SWPPP) Prepare SWPPP sheets for inelusion into the PS&E plans per Caltrans' new requirements. SWPPP plans will include phases for: 1) Composite grading, 2) Temporary Best Management Practices (BMP's) for Rough Grading/Improvements, 3) Temporary BMP's for Precise Grading/Improvements, and 4) Post-BMP construction. 5. Reimbursables Reimbursable expenses such as printing, copying, blueprinting, plotting, mylars, and delivery charges will be invoiced to the City at the cost incurred by the Consultant in preparation and processing of the work product as defined by the above scope of services. Fees We will perform the above service for the fees as described below. Public agency processing fees and deposits or work not specifically described under the scope of work are excluded from this agreement. Fees and expenses are proposed to be incorporated as an addendum to our existing contract. 1. Right of Way Consultant Services (JANMAC, Inc.) $ 232.500.00 ~ Right of Way Coordination " 37,930.00 3. Noise Mitigation Services $ 61,670.00 . '---0 ... -----.-..------ FRO~1 : r(¡ ck EnglnEErlng Compan" FAX NO. : Jul. 11 2001 10:27AM P4 MI. Cliff Swanson July 10,2001 Page 3 of 3 4. Swppp $ 57,300.00 5. Reimbursables $ 3 000.00 TOTALS: $ 392,400.00 If you have any questions or need any clarification on this proposal. please give Edgar Camerino or me a call. Sincerely, RICK ENGINEERING COMPANY ~~~ Kai E. Ramer Associate Principal ec:files\ 12755\contract\12755.0 19.doc cc: Mr. Edgar Camerino, Rick Engineering Company Mr. Carl Schmitz, Rick Engineering Company , ;CROM : 'R, d. t:ng,neer¡ng Compan~ FAX NO. : Jut. 11 2001 10:28AM P5 Page'af6 JANMAC, INC. EXPROPRIATION CONSULTANTS RIGHT OF WAY SERVICES AGREEMENT JANMAC, INC" hereinafter referred to as the CONSULTANT, will provide expropriation services for work related to the I-80S/East Orange Avenue/Olympic Parkway interchange improvements for the City Of Chula Vista, as a sub-consultant to RICK ENGINEERING COMPANY, hereinafter referred to as the CLIENT: A. SCOPE OF WORK 1. Acquire permits to do work on private property from approximately 80 property ownerships for the construction of the proposed sound attenuation improvements. The form of permit to be approved by Caltrans and the City of Chula Vista. 2. Acquire partial takings (fee simple title) from approximately 14 property ownerships needed for the construction of the proposed freeway improvements. The form of conveyance document to be approved by Caltrans and the City of Chula Vista. 3. Obtain appraisal services from a qualified independent fee appraiser, subject to Caltrans approval. to determine a fair rent for the temporary use of the real property during the construction of the proposed sound attenuation improvements. 4. Obtain appraisal services from a qualified independent fee appraiser, subject to Caltrans approval, to determine the fair market value of the proposed partial takings. 5. Open and track the closing of escrows for the acquisition (purchase) of the partial takings, including but not limited to, monetary lien clearances, deed acceptance, payment processing and issuance of policies of title insurance. 6. Maintain a liaison with Caltrans staff regarding appraisal assignment, appraisal review, overview of the acquisition process and required reports- B. DESCRIPTION OF WORK CONSULTANT WILL: 1. Review preliminary title reports, appraisal reports, right-of-way plats, legal descriptions, improvement plans, and other related documents in sufficient detail so as to be fully prepared for the negotiation process. 2. Mail notice of pending project to property owners. , 3. Meet with the project engineer, city staff and legal counsel on an as needed basis. JANMAC. INC., Exp"'priatian Cansult.nt. (6USOVLOPICHULA vISTA - RICK ENGIRcfW SERVICES) EXHIBIT "A" FRClM : 'R1Ck =ngmeenng Compan~ FRX NCI. : JuJ. 11 2001 10: 2BRM P6 Page 201 6 4. Obtain review approval of the appraisals from Caltrans- 5. Obtain the City of Chula Vista's approval to present fair market rental offers for the permission to do work on private property. The offer letters shall include an appraisal summary statement and the applicable permit. 6. Transmit executed/notarized permits to the City of Chula Vista for acceptance and recording. Payment for the temporary use of the property will made directly by the City of Chula Vista. 7. Obtain the City of Chula Vista's approval to present the fair market value offers in writing to the property owners. The offer letters shall include an appraisal summary statement, right of way contract, and the applicable deed as prepared by the CONSULTANT. The right of way contract shall be similar to the format used by Caltrans. 8. Conduct negotiations in a professional, fair, honest, equitable, and ethical manner. Every reasonable effort will be made to negotiate with the property owner on a person to person basis. If the owner designates another party to negotiate with, such as an attorney, the CONSULTANT will abide by the owner's request. 9. Meet and negotiate with the property owners or their designated representatives until a negotiated settlement is finalized or an impasse in negotiations has been reached. Open an escrow upon the acceptance of a settlement offer. 10 Prepare a final settlement offer to be mailed to the property owner if an impasse in negotiations has been reached. A threat of condemnation shall not be used to coerce a property owner into accepting the fair market value offer. 11. Offer to acquire the entire property when the acquisition of a portion of the larger parcel would leave the remaining portion in such shape or condition as to constitute an uneconomic remnant. 12. Coordinate the paperwork processing between the City of Chula Vista and the escrow company and between the escrow company and the property owner. This includes follow-up actions to obtain deed signature», notarization», lien relea»es, partial or full reconveyances and »ubordination agreement». 13. Advise city »taft, the appraiser and the project engineer of the statu» of negotiations and the likelihood of a negotiation impasse which would require an eminent domain action. 14- Be available to advise the City of Chula Vista and participate in settlement negotiation» during the condemnation proce»s. Also partidpate, if required, in the di»covery process for condemnation actions. 15. Maintain an acqui»ition file for each parcel for the recording of contacts and the filing of related correspondence. , 16. Prepare monthly acquisition status reports and maintain a current time line schedule for the right-ot-way certification target date for the project. JANMAC. INC. ExprcpnBtion Ccns"ltants (BUSDVLOPICHULA VISTA - RICK ENGIRofW SERVICES) EXHIBIT "A" ----...-----.----.- ..---.-- FROM: RICk EngIneerIng Company FRX NO. : Jul. 11 2001 10:29RM P7 Page 30\ 6 17. Provide in aprofessíonal manner all of the labor, technical, administrative, professional and other personnel, all supplies and materials, vehicle transportation, office space and facilities, necessary or proper to perform and complete the right-of-way acquisition assignment, including but not limited, to the preparation of Right Of Way Contracts, permits to do work on private property and conveyance documents. C, SCHEDULE OF WORK CONSULTANT shall submit within twelve (12) working days after receiving the right-of- way certification target date, a proposed Project Schedule in the form of a time line chart showing milestone dates for review and approval by CLIENT. CLIENT and CONSULTANT agree that the approved project schedule may be subject to change from time to time and that such changes to the project schedule shall be confirmed in writing. D. COMPLETION OF WORK Delivery of the recorded interests for the required right-of-way by negotiated settlement and/or physical possession by a condemnation action will satisfy the requirement for compietion of work. CONSULTANT will provide the CLIENT and the City of Chula Vista with a summary report which will identify each acquisition parcel and indicate the applicable recording information or case filing date. E, SERVICES FEE The expropriation services fee is based on the following elements: (1) acquiring permits to do work on private property from 80 ownership parcels requiring an estimated time frame of 800 hours at an hourly rate of $120 per hour which develops a fee of $96,000. (2) acquiring fee simple interest in 14 partial takings requiring an estimated time frame of 560 hours at an hourly rate of $120 per hour which develops a fee of $67.200. (3) obtaining appraisal services, including Caltrans coordination and tracking delivery, requiring an estimated time frame of 50 hours at an hourly rate of $120 per hour which develops a fee of $6,000. (4) out-of-pocket expenses which are estimated at $3,300 and cover such items as, auto mileage ($0.32/mile), postage, notary reimbursements. FAX, data retrieval, maps, plats, photos, project fees, etc-- (5) estimated appraisal services fee of $32,000 for the determination of fair market rent for the permission to do work on private property for approximately 80 ownership parcels~ JANMAC, INC.. Expropriation Consultants (BUSDVLOPICHuu. VISTA - RICK ENGIRolW SERVICES) EXHIBIT "A" /1/-/5' -..------- -_._----- FROM: 'RIck Englneerlng Compan~ FRX NO. : Jul. 11 2001 10: 29RM P8 Page 40f B (C) estimated appraisal services fee of $28,000 for the determination of the fair market value of approximately 14 partial takings. The following sub-function tasks, estimated hours and sub-consultant cost summary is presented for information purposes: EST. SUB-FUNCTIONS AMOUNT HOURS 280 Prep. of Letters/Appraisal Summa!)' Statements/Deeds/RolVV Contracts 210 Prep. of Letters/Appraisal Summary Statements/Permits 280 Negotiation and Acquisition Process 210 General Documentation 140 Escrow Processing and Lien Release Documentation (Partial Takings) 140 City Slaff/Caltrans/Appraiser/Projeçt Engineer/Attorney - Meetings 70 CoordinationfTask Tracking 80 Acquis~ion Status Reports/Dia!)'/RofW Certification 1410 Total Estimated Hours @ $120 per hour $169,200.00 Out-of-pocket Expenses (Estimated) $3,300.00 Sub Total $172,500.00 Fair Market Rent Appraisal (estimated 80 parceis @ $400 each) $32.000.00 Fair Market Value Appraisal (estimated 14 parcels @ $2,000 $28,000.00 TOTAL FEE (Not to exceed) $232,500.00 F. BILLINGS CONSULTANT shall submit billings monthly in arrears for professional services performed including Sub-Consultant services. CLIENT recognizes that the sub-function allocations as set forth above are for information purposes only and agrees that the CONSULTANT shall have the right to bill against the gross amount available whether or not the sub-task allocations are exceeded- G, INCREASE OR DECREASE IN SERVICES In the event the total number of permits to do work on private property and parcels to be acquired under this agreement is increased or decreased by the CLIENT, the contract fee shall be adjusted on the basis of the percentage increase or decrease in the number of permit parcels and acquisition parcels, In the event-of protracted negotiations, the addition of services not provided for under this agreement, or unforseen circumstances, the CONSULTANT shall nave the right to request that the Services Fee be increased. Any request for a fee incresse by the CONSULTANT shall be justified in writing and subject to the CLIENT's approval. JANMAC. INC" E"proprlatlon Consu~.nts (BUSDVLOPICfiULA viSTA - RICK ENGIRofW SERVICES) EXHIBIT "A" / ~-/(;:, FROM: RIel, Engln"ering Compan~ FRX NO, : Jul. 11 2001 10:30AM P9 Page 501 6 H. INSURANCE COVERAGE The CONSULTANT has and shall maintain the following insurance coverages: Farmer Insurance Group of Companies: Auto Policy Bodily Injury $ 250,000 Each Person/$500,OOO Each Occurrence Property Damage $ 100,000 Uninsured Motorist $ 250/500,000 Each Accident Medical/No Fault $ 2,000 Personal Umbrella Liability $1,000,000 The Great Divide Insurance Co.: Business Liability $1,000,000 AEGIS/Scottsdale Insurance Co,; Right Of Way Agents Professional Liability Insurance (E&O) $1,000,000 I. CLIENT OBLIGATIONS 1 Directly or indirectly provide the CONSULTANT with a copy the required lot book reports and preliminary title reports, litigation guarantee reports, right-of-way plats, legal descriptions, improvement plans and other related documents deemed necessary for the negotiation process. 2. Directly or indirectly request the City of Chula Vista. in the event a condemnation action is required, to prepare and mail the Notice of Public Hearing to consider the adoption of a Resolution of Necessity to proceed with a condemnation action. Concurrently, the CLIENT shall directly or indirectly provide the CONSULTANT with a copy of the public hearing notice and a copy of the ultimate resolution approving public necessity and authorizing the condemnation action. 3, Designate a staff person as the point of contact for the CONSULTANT and provide access to the City of Chula Vista's legal counselor special counsel regarding legal questions pertaining to negotiated settlement proposals, the acquisition process, the condemnation process or an owner requested meeting. 4. Provide CONSULTANT with a written statement as to the target date needed for the right-of-way certification, 5 Make a reasonable effort to process the CONSULTANT's monthly billing statement and mail the payment check within 30 days after receiving the CONSULTANT's billing statement. CLIENT recognizes that the CONSULTANT utilizes technical Sub- Consultants and is obligated to PflY these Sub-Consultants in a timely manner. JANMAC, INC., Expropriation Consultants (BUSDVLOP\CHULA VISTA. RICK ENGIRolVV SERVICES) EXHIBIT "A" /'1' } ,-.-.--'----'--- .....-- ,....--------. FROM: RIck Eng ¡neer¡ ng Compan~ FAX NO. : Jul. 11 2001 10: 31AM P10 Pogo ISo! 6 J. LIMITING CONDITIONS AND ASSUMPTIONS 1 The projected fee for the appraisal services may be less than or greater than the CONSULTANT's estimate. If the fee exceeds the estimate, the CONSULTANT will submit a request for the additional fee increase. 2. No improvements are being acquired other than landscaping, back yard structures and fences. 3. No owners' or tenants are being displaced as a result of the permits to do work on private property or the partial takings. 4. The appraisal assignment will be based on appraising the land only, including but not limited to, landscaping, back yard structures and fences. 5. Memorandum Appraisals may be used in lieu of the standard narrative report for noncomplex acquisitions valued at $10,000 or less. The Caltrans format for memorandum appraisals will be utilized. 6. Acquisition of the partial takings will be recorded through an escrow after the City of Chula Vista has accepted the Grant Deed for recording, reviewed the updated preliminary title report, signed the escrow instructions and issued a check in the amount of the estimated closing statement. Monetary liens will be cleared as a function of the escrow. This agreement was signed on the date and by the parties as shown below: JANMAC, INC- RICK ENGINEERING COMPANY By: By: W.L MacFARLANE, Director Name: Dated: Title: Dated: P.O. No.: , JANMAC, INC, Expropriation Consultants (BUSDVLOP\CHULA VISTA. RICK ENGIRolW SERVICES) EXHIBIT "A" /';/~ 8 ..--------- ------- FRm1 '. Rl ok EnglnEErlng Compan~ FRX NO. : Ju1. 11 2001 10: 31RM Pll I-80S/Orange Avenue Addendum for Right of Way Coordination PHOJèCl "HOJèC, TASK: MANAGER ENGINEER DESIGNER DRAFTER Part I: RIght of Way InformatJon Obtain TlUe Reports/lot Book Reports (1) 3 24 0 0 Caltrans Right of Way Coordination (2) 4 40 0 0 Part II: Meetings and General CDort$inarJon 40 320 0 0 TOTAL.S: 47 364 0 0 COST: $1.920.89 $11.681.28 $0.00 $0.00 I.abor, Ovamead@ 149": $2,862.13 $17,405.11 $0.00 $0.00 SUBTOTAl.: $4,783.02 S29,086.39 $0.00 So.OO Prom @ 12%: $573.98 $3.490.37 $0.00 $0.00 sua TOTAl.: $5,356.96 $32.576.75 $0.00 $0.00 TOTAl. COST: $37.933.73 NOTES: (1) Coordinate with City staff to obtain Information from Title Company. Also. determine If tnle reports or lot book ",ports are necessary. (2) Coordinate with Ca~rans Right of Way staff details of specific areas. , 7/11/01 7:44 AM 1 of 1 rightofway.coS1.xls _. - ---- --. ----------- ---.----- "--'--'---- FROM: RIck "nglnEErlng Compan~ FAX NO. : Ju1. 11 2001 10: 31AM P12 1-805/0range Avenue Addendum for Noise Mitigation PI<Q.J~<" PRDJ=I TASK; MANAGER ENGINEER DESIGNER DRAFTER Part I: Resea,,;h Homeowner InfonT/atJon Obtain Parcel Information 1 4 18 0 Part II: Create exhIbIts of Each Affected Parr;el Plan Exhibit 4 8 80 160 Profile Exhibit 8 16 180 120 Part 11/: Contact Homeowners Contact Homeowners for Home Visit 4 40 0 0 Prepare "Homeowner Contact" Package (1) 1 4 40 0 Partl~ HomsownerWsn Visit Each Homeowner (2) 4 80 0 0 Prepare "Lei Documentation" (3) 4 80 0 0 Part V: Follow-up Ho",sowner Contact Contact Homeowners (4) 2 20 0 0 Part VI: Meetings and General Coordination 4 20 10 0 TOTALS: 32 272 306 280 COST: $1,307.84 $8,274.24 $6,921.72 $5.608.40 Labor, Overllead@149%' $1,948.68 $12,328.62 $10,313.36 58,356.52 SUBTOTAL: $3,256.52 $20,602.86 517.235.06 $13,984.82 Profit@12%: $390.78 52,472.34 $2,068.21 $1.675.79 SUBTOTAL: $3,647.30 $23,075.20 $18,303.29 $15,640.71 TOTAL COST: Ss1,sSS.SO NOTES: (1) Contains plan/profile exhibit and project information. (2) May require subconsultants & CaltTans' staff each visit. (3) Photos and "write-up" of each lot documenting nems such as: e~isting strUctures, soil conditions, landscape & ilTi9ation. (4) Follow-up wilh Homeowners, if nec:assary. , 7/11/01 7:44 AM 10f1 homeowner.costxls () FROM .;- R1Ck Eng¡neenng Compan~ FAX NO. : Jul. 11 2001 10:32RM P13 1-805l0range Avenue Addendum for SWPPP Plan Additions P_JOCT PHO./OCI TASK; MANAGER ENG"'EER DESIGNER DRAFTER Inclusion ottlre SWPPP Plans into tire Project Plan sut: Research & Coordination (General) 5 40 20 0 1stSubmitlal ottlre SWPPP Plans: CrealB master file ofSWPPP requirements (1) 5 15 80 160 Create SWPPP plan sheela (2) 5 15 80 160 SWPPP Details 5 10 20 40 SWPPP Quantities 5 10 40 20 2nd Submittal of tire SWPPP Plans: Master flle Revisions 1 4 20 40 Revise SWPPP plan sheets (2) 1 4 20 40 Revise Details 1 3 5 10 Revis," Quantities 1 3 10 5 TOTALS: 29 104 295 475 COST: $1,185.23 $3,163.68 $6,672,90 $9,514.25 Labor,Olferllead@149%: $1,765.99 $4,713.88 $9,942.62 514,176.23 SUBTOTAL: $2,951.22 $7,877.56 $16,615.52 $23,690.48 Proflt@12%: $354.15 $945.31 $1,993.8652,842.86 SUBTOTAL: $3,305.37 58,822.87 $18,609.38 $26,533.34 TOTAL COST: $$7,270.96 NOTES: (1) Master files needed for each of the following phases: 1) Composite 9radin9, 2) Temporary BMP's for Rough Grading/lmprovements. 3) Temporary BMP's for Precise Gradin9/1mprQvements, and 4) post-eMF Construction. ~ Number of sheets necessary for one SWPPP phase-"'9 sheets. Total sheet count---36 sheets. , 7111101 7:45 AM 1 Of 1 swppp.costxls / f - ~--- .-------------- ------.-----.- Page 1016 JANMAC, INC. EXPROPRIATION CONSULTANTS RIGHT OF WAY SERVICES AGREEMENT JANMAC, INC., hereinafter referred to as the CONSULTANT, will provide expropriation services for work related to the 1-805/East Orange Avenue/Olympic Parkway interchange improvements for the City Of Chula Vista, as a sub-consultant to RICK ENGINEERING COMPANY, hereinafter referred to as the CLIENT: A. SCOPE OF WORK 1. Acquire permits to do work on private property from approximately 80 property ownerships for the construction of the proposed sound attenuation improvements. The form of permit to be approved by Caltrans and the City of Chula Vista. 2. Acquire partial takings (fee simple title) from approximately 14 property ownerships needed for the construction of the proposed freeway improvements. The form of conveyance document to be approved by Caltrans and the City of Chula Vista. 3. Obtain appraisal services from a qualified independent fee appraiser, subject to Caltrans approval, to determine a fair rent for the temporary use of the real property during the construction of the proposed sound attenuation improvements. 4. Obtain appraisal services from a qualified independent fee appraiser, subject to Caltrans approval, to determine the fair market value of the proposed partial takings. 5. Open and track the closing of escrows for the acquisition (purchase) of the partial takings, including but not limited to, monetary lien clearances, deed acceptance, payment processing and issuance of policies of title insurance. 6. Maintain a liaison with Caltrans staff regarding appraisal assignment, appraisal review, overview of the acquisition process and required reports. B. DESCRIPTION OF WORK CONSULTANT WILL: 1. Review preliminary title reports, appraisal reports, right-of-way plats, legal descriptions, improvement plans, and other related documents in sufficient detail so as to be fully prepared for the negotiation process. 2. Mail notice of pentling project to property owners. 3. Meet with the project engineer, city staff and legal counsel on an as needed basis. JANMAC, INC., Expropnation Consultants (BUSDVLOP\CHULA VISTA. RICK ENG\RofW SERVICES) EXHIBIT AA= ,..-.'--' ,.-...-...-...- - Page 201 6 4. Obtain review approval of the appraisals from Caltrans. 5. Obtain the City of Chula Vista=s approval to present fair market rental offers for the permission to do work on private property. The offer letters shall include an appraisal summary statement and the applicable permit 6. Transmit executed/notarized permits to the City of Chula Vista for acceptance and recording. Payment for the temporary use of the property will made directly by the City of Chula Vista. 7. Obtain the City of Chula Vista=s approval to present the fair market value offers in writing to the property owners. The offer letters shall include an appraisal summary statement, right of way contract, and the applicable deed as prepared by the CONSULTANT. The right of way contract shall be similar to the format used by Caltrans. 8. Conduct negotiations in a professional, fair, honest, equitable, and ethical manner. Every reasonable effort will be made to negotiate with the property owner on a person to person basis. If the owner designates another party to negotiate with, such as an attorney, the CONSULTANT will abide by the owner=s request. 9. Meet and negotiate with the property owners or.their designated representatives until a negotiated settlement is finalized or an impasse in negotiations has been reached. Open an escrow upon the acceptance of a settlement offer. 10. Prepare a final settlement offer to be mailed to the property owner if an impasse in negotiations has been reached. A threat of condemnation shall not be used to coerce a property owner into accepting the fair market value offer. 11. Offer to acquire the entire property when the acquisition of a portion of the larger parcel would leave the remaining portion in such shape or condition as to constitute an uneconomic remnant. 12. Coordinate the paperwork processing between the City of Chula Vista and the escrow company and between the escrow company and the property owner. This includes follow-up actions to obtain deed signatures, notarizations, lien releases, partial or full reconveyances and subordination agreements. 13. Advise city staff, the appraiser and the project engineer of the status of negotiations and the likelihood of a negotiation impasse which would require an eminent domain action. 14. Be available to advise the City of Chula Vista and participate in settlement negotiations during the condemnation process. Also participate, if required, in the discovery process for condemnation actions. 15. Maintain an acquisition file for each parcel for the recording of contacts and the filing of related cor>respondence. 16. Prepare monthly acquisition status reports and maintain a current time line schedule for the right-of-way certification target date for the project. /ý.-~3 JANMAC, INC., Expropriation Consultants (BUSDVLOP\CHULA VISTA - RICK ENG\RofW SERVICES) EXHIBIT AA= ---..--. --- .---.- Page 30f 6 17. Provide in a professional manner all of the labor, technical, administrative, professional and other personnel, all supplies and materials, vehicle transportation, office space and facilities, necessary or proper to perform and complete the right-of-way acquisition assignment, including but not limited, to the preparation of Right Of Way Contracts, permits to do work on private property and conveyance documents. C. SCHEDULE OF WORK CONSULTANT shall submit within twelve (12) working days after receiving the right-of- way certification target date, a proposed Project Schedule in the form of a time line chart showing milestone dates for review and approval by CLIENT. CLIENT and CONSULTANT agree that the approved project schedule may be subject to change from time to time and that such changes to the project schedule shall be confirmed in writing. D. COMPLETION OF WORK Delivery of the recorded interests for the required right-of-way by negotiated settlement and/or physical possession by a condemnation action will satisfy the requirement for completion of work. CONSULTANT will provide the CLIENT and the City of Chula Vista with a summary report which will identify each acquisition parcel and indicate the applicable recording information or case filing date. E. ~ERVICES FEE The expropriation services fee is based on the following elements: (1) acquiring permits to do work on private property from 80 ownership parcels requiring an estimated time frame of 800 hours at an hourly rate of $120 per hour which develops a fee of $96,000. (2) acquiring fee simple interest in 14 partial takings requiring an estimated time frame of 560 hours at an hourly rate of $120 per hour which develops a fee of $67,200. (3) obtaining appraisal services, including Caltrans coordination and tracking delivery, requiring an estimated time frame of 50 hours at an hourly rate of $120 per hour which develops a fee of $6,000. (4) out-of-pocket expenses which are estimated at $3,300 and cover such items as, auto mileage ($0.32/mile), postage, notary reimbursements, FAX, data retrieval, maps, plats, photos, project fees, etc.. (5) estimated appraisal services fee of $32,000 for the determination of fair market rent for the permission to do work on private property for approximately 80 ownership parcels. / ¥-..-{ '-I JANMAC, INC, Expropriation Consultants (BUSDVLOP\CHULA VISTA - RICK ENG\RofW SERVICES) EXHIBIT Ak ..,.,.. ,----------.---- Page 401 6 (6) estimated appraisal services fee of $28,000 for the determination of the fair market value of approximately 14 partial takings. The following sub-function tasks, estimated hours and sub-consultant cost summary is presented for information purposes: EST SUB-FUNCTIONS AMOUNT HOURS 280 Prep. of Letters/Appraisal Summary Statements/Deeds/RofW Contracts 210 Prep. of Letters/Appraisal Summary StatementslPermits 280 Negotiation and Acquisition Process 210 General Documentation 140 Escrow Processing and Lien Release Documentation (Partial Takings) 140 City Staff/Caltrans/Appraiser/Project Engineer/Attorney - Meetings 70 Coordination/Task Tracking 80 Acquisition Status Reports/Diary/RofW Certification 1410 Total Estimated Hours @ $120 per hour $169,200.00 Out-of-pocket Expenses (Estimated) $3,300.00 Sub Total $172,500.00 Fair Market Rent Appraisal (estimated 80 parcels @ $400 each) $32,000.00 Fair Market Value Appraisal (estimated 14 parcels @ $2,000 $28,000.00 TOTAL FEE (Not to exceed) $232,500.00 F. BilLINGS CONSULTANT shall submit billings monthly in arrears for professional services performed including Sub-Consultant services. CLIENT recognizes that the sub-function allocations as set forth above are for information purposes only and agrees that the CONSULTANT shall have the right to bill against the gross amount available whether or not the sub-task allocations are exceeded. G. INCREASE OR DECREASE IN SERVICES In the event the total number of permits to do work on private property and parcels to be acquired under this agreement is increased or decreased by the CLIENT, the contract fee shall be adjusted on the basis of the percentage increase or decrease in the number of permit parcels and acquisition parcels. In the event of protracted negotiations, the addition of services not pr:ovided for under this agreement, or unforseen circumstances, the CONSULTANT shall have the right to request that the Services Fee be increased. Any request for a fee increase by the CONSULTANT shall be justified in writing and subject to the CLIENT =s approval. /7"""¡ 5 JANMAC. INC.. Expropriation Consultants (BUSDVLOPICHULA VISTA - RICK ENGIRofW SERVICES) EXHIBIT AA= . --..,..--.- .....------- ---'--' . -. Page Sot 6 H. INSURANCE COVERAGE The CONSULTANT has and shall maintain the following insurance coverages: Farmer Insurance Group of Companies: Auto Policy Bodily Injury $ 250,000 Each Person/$500,000 Each Occurrence Property Damage $ 100,000 Uninsured Motorist $ 250/500,000 Each Accident Medical/No Fault $ 2,000 Personal Umbrella Liability $1,000,000 The Great Divide Insurance Co.: Business Liability $1,000,000 AEGIS/Scottsdale Insurance Co.: Right Of Way Agents Professional Liability Insurance (E&O) $1,000,000 I. CLIENT OBLIGATIONS 1. Directly or indirectly provide the CONSULTANT with a copy the required lot book reports and preliminary title reports, litigation guarantee reports, right-of-way plats, legal descriptions, improvement plans and other related documents deemed necessary for the negotiation process. 2. Directly or indirectly request the City of Chula Vista, in the event a condemnation action is required, to prepare and mail the Notice of Public Hearing to consider the adoption of a Resolution of Necessity to proceed with a condemnation action. Concurrently, the CLIENT shall directly or indirectly provide the CONSULTANT with a copy of the public hearing notice and a copy of the ultimate resolution approving public necessity and authorizing the condemnation action. 3. Designate a staff person as the point of contact for the CONSULTANT and provide access to the City of Chula Vista=s legal counselor special counsel regarding legal questions pertaining to negotiated settlement proposals, the acquisition process, the condemnation process or an owner requested meeting. 4. Provide CONSULTANT with a written statement as to the target date needed for the right-of-way certification. 5. Make a reasonable effort to process the CONSULTANT =s monthly billing statement and mail the payment check within 30 days after receiving the CONSULTANT =s billing statement. CLIENT recog"izes that the CONSULTANT utilizes technical Sub- Consultants and is obligated to pay these Sub-Consultants in a timely manner. 1L/-.2-(; JANMAC, INC., Expropriation Consultants (BUSDVLOPICHULA VISTA - RICK ENGIRofW SERVICES) EXHIBIT Ak ._--,- ,---_..,.. ..-,...--------. Page 601 6 J. LIMITING CONDITIONS AND ASSUMPTIONS 1. The projected fee for the appraisal services may be less than or greater than the CONSULTANT =s estimate. If the fee exceeds the estimate, the CONSULTANT will submit a request for the additional fee increase. 2 No improvements are being acquired other than landscaping, back yard structures and fences. 3. No owners or tenants are being displaced as a result of the permits to do work on private property or the partial takings. 4. The appraisal assignment will be based on appraising the land only, including but not limited to, landscaping, back yard structures and fences. 5. Memorandum Appraisals may be used in lieLl of the standard narrative report for noncomplex acquisitions valued at $10,000 or less. The Caltrans format for memorandum appraisals will be utilized. 6. Acquisition of the partial takings will be recorded through an escrow after the City of Chula Vista has accepted the Grant Deed for recording, reviewed the updated preliminary title report, signed the escrow instructions and issued a check in the amount of the estimated closing statement. Monetary liens will be cleared as a function of the escrow. This agreement was signed on the date and by the parties as shown below: JANMAC, INC. RICK ENGINEERING COMPANY By: By: W.L. MacFARLANE, Director Name: Dated: Title: Dated: P.O. No.: , )-¡ """/ JANMAC, INC., Expropriation Consultants (BUSDVLOP\CHULA VISTA - RICK ENG\RofW SERVICES) EXHIBIT Ak .. --- ---------- ---------- FPO"1 Plel ¡=ng 1 n"Er Jng Compdn~ FR>< NO. : Rug. 20 2001 10: 20R01 Pi [lllicK . '. L ENGINEERING . CDMPANY ",aFn=Ro"¡.S",Diogo.CA '21">-2>"'Ph_,"'-,"-Q707.~_- Fax Transmittal To: Frank Rivera Comp>lny: City of Chula Vista From: Edgar Camerino Dnte: August 20, 2001 Time: 10:20 a,Ill. Job No: 12755 (I-805/0range Avenue Interchange) Fax No: (619) 691-5171 Pages to follow, including cover sheet ~ Rick Engineering Company Fax No. (619)291-4165 Comments:Frank - Please find enc]o~ed Helix's proposal for additional out of scope work related to the additional noi$e model analysi~ work needed for the subject project. Please call me at (619) 291-0707 if YOU have any Questions. I hope it' $ not too late to add this to vour report. Thanks. ce: , 'E' i) <." 8 - ---.-.--.- .__. --- .--.------.--- ~¡O[Ir'l F'lc1. ;onglnEErlng Compan~ FRX NO. : Rug. 202001 10:21H'1 F'2 ----:J'- Ul s: C ( °f,"'¡~Ë) FAX TRANSMITTAL date: August 9, 2001 to: Carl Schmilz organl2ation: Rick Engineering fax number: 291-4165 from: Dennis Marcin subject l-BOS/Orange Avenue Noise Model Scope and Cost Aml?lldment page 1 of: 2 job number: RIC-O3 message: Carl: Per our telephone co'\vt"Tsalian, the followÍlIg scope, cost a,-¡d schedule in/ormation is provided re: the proposed noise mo,;e] amendment for the I-80s/Orange Avenue project. Pacific Noise Control, as a subcolmlitanl to HeLIX, ""ill rerun the noise mode] .s....sment fOT applicable portions of the 1-8aS/Orange Avenue project 10 evaluate the use of earthen berms (rather than masonry W'alß) as noise abatement structures. Specifically, this analysis ~ill Ìl'\clude the noise wa11s identified as B2. B6 (only the portion adjacent 10 the northbound 1-805 off-ramp) and B9 iI1 the November 1, 2000 [nieTO/a/. 8OS/0_g- ^"",,ue [ntETcJlangc ACD"./iCnl Assessment The proposed analysis of th~ noi..<e abatemer'<l structures ..,iIl be conducted using the Caltr¡ms SOUND32 computer modeL with all methodology similar to !hac described in the referenced acoustical assessment The resuUs of this effort will be smnmanzed in a lelter report to Rick Engineering, and =y modifications to noise abatement stn.Lcture lengths or heights 8100 La Mesa Blvd... Suire 150 La Mesa. CA 91941-6452 , e-mail: helù:@4dcot>UiI.com phone: (619)462-1515 fa:z: (619) 46Z-0552 /L/' J.9 - ..----... .---.-.--..-------.- aUcéC'¿ ",,0# 'M. XI~:;¡¡¡ 2550 29v 619 8E:" :001:.6,'~í1\i " Message (cont.): identified in the previous modeling effort will be depicted graphically, The not-to-exceed time and maœrtals cost for !his effort is $2,500.00, with the modeling resu!¡,; to be provided witoin approximately two weeks of commencement (anticipated ioT late Sèptember / early Oc:tober 2001). lñe above described .:ost does not indude HELIX's time to <oordinate the revised noise modeling effort. as well as additional <ompleted and pending out--of-sc:ope items including meeting attendance, project management and CEQA/NEPA analysis for the proposed noise abatemenl stru<tu.re design modific:atians, Please let me Jmcn... if you have any questions ar comments on the above information. 8100 La Mesa Blvd., Suizc 150 La Mesa, CA 91941-6452 e-mail: Judix@4dcomrn,com phóne: (619) 462-1515 fa:z (619) 462-0552 _d-d' - ----" , . ,," UT~crn "en .., <-, OC:H Tnn? <n'~n'" ' ..-.. -.---...---.---.. F?O~1 : R I EngIneering Compan~ FAX t~O. : Sep. 04 2001 04: 04PM P¡ mlIœK ." ,;,'. ENGINEERING I ' , CoMPANY """'",~R"".S~D;.go.OA ""J"15%'Ph~"'6J9-2.'-<r707'~.ri"'"",.=~ Fax Transmittal To: Frank Rivera Company: City of ChuJa Vista From: Edgar Camerino Date: September 4, 2001 Time: 3:55 p.m. Job No: 12755 (IegO5/0range Avenue Interchange) Fax No: (619)691-5171 Pages to follow, including cover sheet ~ Rick Engineering Company Fax No. (619)291-4165 Cornrnents:Frank - Per vour request. Please call me at (619) 291-0707 ifvou have anv Questions. Thanks. cc: , """"', -. --,--.-.....,.----------.... -"'-"- FRor.r: R: cl Englneenng Compan~ FAX NO. : Sep. 04 2001 04: B4P~1 P2 T¥LIN INTERNATIONAL. Mt?DANIEL June 8, 2001 Rick Engineering Company 5620 Friars Road San Diego, CA Attention: Mr. Kai Ramer Subject: I-80S/Orange Avenue Widening Dear Kai: T. Y. Un International. McDaniel is requesting authorization for additlonal fees to compensate for changes to the bridge width for the I-80S/Orange Avenue Widening project. Caltrans has required T.Y. Un International. McDaniel to add a sidewalk to the bridge widening. Attached is a breakdown of our additional expenses. Please carl me if you have <tny questions. Sincerely. T.Y. Un International. McDaniel ~C~ Pérry _ch"c~t, P.E., S.E. Senior Associate PS:clb Attachment , '030 Camino De La Siesta, Suite <04. San Diego, Calltornia 9210B' FaosimHe (519) 592-0634 Telephone (619) 692-1"20 FRlJf'1 R, cI Eng 1 neer 1 ng Compan~ FAX NO, : Step. 04 2001 04: 0SPM P3 ~~ 'aaa~~a aaaaa~8£~a~ ~~~~o~ ~~ ~ ~ ~ ~~~~ ~ § b'" ¡;; ¡:;; ¡;;~ .., .., 11)1- - J ~~ 000 ~ -J ~ * § "E $ ~ iJ ~ 0 ~ 000 ~ ~ ~ š: õ ¡ ~ <: - ¡¡ ~ I ~ ~ :s ê -! 000 II _~5 -"" ~:Eæ;ß~" ~ ð~Æ~6~ :s~~ 'E: "'! 0 0 .. ~ ¡:¡ 0> - ~ ., "'- ~ I-- 8 ,S! ~~ ij~ c~WJ:::::: :,!:o:!; ~ ~ " iriI:¡ ~ "'--- I-- " ~ â w ~ ~ 0 ~ 'õ c :5'" o~i 000 go ':' ~ "" ~ 3 1ii I--~ 8 82 <= 1!: j' ~ ~ ~ mo~ ~i ~-:: Q en ~ I-- 000 - :;... ~~ l:1! -c ~~ ~ ,g" a: i3 ~ 1;; ~¡¡¡ ~ u ~ .b 0 ¡: en ~~ ~ ~ « " ~ - ~~ ~ ~ ~ ~! ] Iw c '" " '" .. ~~ ~ ~'" ~~ w j ~ ~~ ¡¡j I- ~ w ~~ ;. §': C2 ~ I- .. ~ ¡§ ~ ~ :¡: : z ~ ~ .Ë '¡¡, ¡¡, ~ w C ~ a: ~ -£) c..::c - ,¡; ,.---.,-...-.-,.-- ì ¡ : ~, ~ ì ~ :g I ~ ~ . 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",m N>-»- ~ u::¡; ¡,-:;: t.ü;: N 4 ::; u ~t -§ §- 0 ~ .. :'t u ~~ §E~~ ~ ~ > u- '" c E: <H .- -'i ::. il ì <:( ¡;,.,; -g"E ~õ ° U !'I- li ~:l Ii ~ 0 ",," oa=~> ì N.. ü:;: °oõo~ ~ o¡ U ~ ~ if t Î ¡'-u 01 Ë-;; 1!u:;<"§.!!;::: ,:'i 9~ ~ ~i ~ ~ ~~ ~~ I ::¡::,'~ 0 3 b ,.;-! i5 8 ü ~.-¡¡ ¡¡Ji ~I=-~ "',.. ... -> >'.=01'-= ~!1~ "- ! ~[~'~[:§]§~g i "'1°,'" I ",,5E.-580:: .- .g,-"'-¡¡>->=,,,-¡¡- ;,: [gß Ë ~ §~ Ëê ~ w ,. .!!;55.~~'>¡¡¡~'.o'i§ a: '< '" ->Eoooooo.- I :<.21 ~ ~ =<.- U '" ""'" u 8 ::;; .~ ~ æ 0 g¡ ,:: "- ~,:,g 0 .. z.. u ,:>- ::E.n:§ § '" Z Qe> ~ i i~ ¡;;"õ, S-'f] ~ ~ g ~ § :t Ö ',::> w -"<0.5", u<,;;!: ~::>,;;'" . Z ,¡;:~ ,.. ~-g'~§:i. ~a::i. 5 !!o ß ::> ~ !:' E :0 ¡g õ: ~ c3 u b ~!!; b II) t;:¡: ~ Q u,..lu U "":""';"'1- ~QI- ~ 2~ ~ ¡; - - ------------ . -------------- ,RO~! : Rid Engineering CDmpan~ FAX NO. : Jun. 14 2001 02: 12P~1 Pl I /HI8IT 5 .# II.. ;ò20 hi", Ro"d RICK ENGINEEIUNG COMPANY s." D;'go ,:"lil",."," 91110.25% "'."91.0707 Fax Transmittal _. To: Frank RiveraJKirk )\lflff.ë:Il.."" Company: City of Chula Vista From: Edgar Camerino ~.. 14 Date: -MIry+, 2001 Time: 7:40 a.m. z.~ r,.p ,..,.. Job No: 12755 (I-80S/Orange Avenue Interchange & Olympic Parkway) Fax No: (619) 691-5171 Pages to follow, including cover sheet ---1.L Rick Engineering Company Fax No. (619)291-4165 Comments:Frank- Please find enclosed proposals from Helix Environmental and TYLin-McDanieJ for additional out of scope work they have performed to date. Please call me or Kai Ramer at (619) 291-0707 ifvou have anv Questions. Thanks. co: , """~,, - - ..--------- . --.-. ..---.------ FRor1 : R1Ck EnglnEErlng CDmpan~ FRX NO. : Jun. 14 2001 02: 12PM P2 .-- ---. March 28. 2001 '.,-. -- 811JO J.p. Me.<a Blvd., Suite 150 Mr. Kai Raimer La Mesa, CA 91941-M76 Rick Engineering Company 5620 Friars Road e-mai/:odmin@he/izepi.com San Diego CA 92110-2596 Jax (6J9) 462.()552 Subject: Olympic Parkway, I-BOS/Orange Avenue and I-BOS/Palomar Street Contract Amendment pbcrne (619) 462-1515 Dear Kai: Pursuant to OUI recent conversations, we are providing a proposed amendment to our existing contact for the Olympic Parkway, I-80S/Orange Avenue and 1- 80S/Palomar Street projects. As you are aware, our existing budget was exhausted with our last (March 4, 2001) invoice, and the following amendment is necessary to continue work on these projects. TIù.s situation has resulted from the fact that HELIX has completed (or is in the process of coInplenng) a number of out-of-scope tasks, based on specific requests by Rick Engi!"1eering. Caltra!"1s and/or the City of ChuIa Vista. None of these tasks were included in our original contract or existing amenchnents, as described below. Accordingly, the following proposed amendment reflects costs incUITed from the described out-of-scope tasks, as well as funds required to complete the on-going or pending environmental review process for the Olympic Parkway, I-BOS/Orange Avenue and I-BOS/Palomar Street projects. A summary of our contract history and current budget status is provided below, followed by scope-of-services and cost information for the proposed amendment. Please note that the following budget history and .tatus summary information is in total dollars (i.e" as opposed to the labòr. overhead and profit format typically used for Caltrans budgets), while the propo.ed amenchnent reflects the Caltrans format, Contract Hi.toTV and Current Budget Status Contract History Our original contract and initial two amendments (i.e.. prior to 1999) totaled $58,698. This figure was subseque!"1tly amended three times to reflect the following tasks a!"1d costs: . Amendment No 3 ($32.378). - This amendment was authorized on April 29, 1999 and included the preparation/review of technical reports for the Olympic Parkway and I-80S/Orange Avenue projects, as well as an "environmental assessment insert" for the I-805/0range Avenue Project Study Report. . Amendment No.4 ($88,842). - This amendment was authorized on August 13, :1999 and included '"'w (i.e., cultural) and Inodified I-805/0range Avenue technical reports based on project design changes, as well as preparation of a joint !--80S/Orange Avenue CBQA/NEPA document to support the Project Report. , - - --.. ---"---- '-"-----"'- FROM: Rlck engInEErIng CompanCj FAX NO. : Jun. 14 2001 02: 13PM P3 rtR""~- Letter to Mr. Kai Raimer March 28, 2001 ,~: Po.ge 2 . Amendment No 5 ($2750). - llis amendment was authorized on January ]6, 2001 and induded preparation of a "new" noise model for the Olympic Parkway project. The above described original contract and amendments resulted in the CUTTent contract limit of $162,688. On December 6. 1999, a letter was submitted to Mr. Carl Schmitz of your office documenting the fact that the detailed historic structure analyses included in the August 13. 1999 contract amendment would no longer be required by Caltrans for the proposed projects. TIús change in scope resulted in a net sa"jngs of $27,490, which would have reduced the authorized contract limit accordingly. This reduction in the authorized contract amount was never implemented, however. with these funds subsequently used for portions of the out- of-scope tasks described below. Current Budget Status As noted above, the currently authorized contract amount of $182,688 was exhausted as of our March 4, 2001 invoice, with a number of the associated scope items unfiIùshed (including the I-80S/Orange Avenue environmental and technical reports, and preliminary environmental assessment for the I-805/Paloma:r Street project). This situation has resulted from the completio,", of a number of out-oF-scope tasks, with these tasks itelnized below for both'the Olympic Parkway and I-80s/Orange Avenue projects. Olympic Parkway Out-of-Scope Tasks . CEOA Analysis. - In January 2000, HELIX was requested to include a CEQA analysis of the proposed Olympic Parkw'ay project in our scope. Up to that time, the City of Chula Vista had proposed to complete the CEQA review in-house, Based on available information and a nwnber of assumptions regarding the type and processing format for CEQA re"jew, we submitted a cost estimate of $12,000 to prepare an Initial Study/Mitigated Negative Declaration (lS/MND) for the Olympic Parkway project. No contract amendment for this task was ever authorized. however, with available (Le_, existing) funds used to complete the CEQA analysis. In adc1ition, the level of effort for several elements of this task exceed the assumptions used in OUI cost estimate, with these elements described separately below. . Additional CEOA Proces.<in¡¡- - As noted above, a nwnber of elements associated with processing the Olympic Parkway CEQA re"jew exceeded the assumptions used in our cost estimate. Specifically, these included the completion of five internal (screencheck) re"jews by the City (as opposed to two in our cost assumptions), and submittal of approximately 60 combined copies of the noise, air quality and cultural resource technical reports (as opposed to approximately 20 in our assumptions). . Additional CROA ¡Technical Report Tasks. - Completion of the described CEQA process for the OJympic Parkway project involved the following items not ¡"cluded in our original cost asswnptions: (1) revisions to the IS/MND and associated tecbI1ical reports for design modifications to the Olympic Parkway/Brandywine intersection (Le., addition of a right-turn only lane onto Brandywine); (2) revision of the IS/MND to inélude the results of a site-specific lead re.ting pmgraTn: (3) ana ly.i. of po'""tial d"sign mitigation options for noige FRor'1 : RICk EngIneerIng Compan~ FAX NO. : Jun. 142001 02:14PM P4 If<~~:"~:'\'.', letterto Mr. Kai Raimer March 28, 2001 ..~ Page 3 I ' I :" .;.!-. ,- '. ",--, ..". impacts to second story dwellings; (4) analysis of traffic data from two ad;acent ,- "" "-~.,..:-..-..._--.-...-_.' projects for noisc and air quality techrrical reports (as opposed to our assumption that a project-specific traffic study would be provided); (5) completion of a Gty of Chula Viota Initial St¡¡dy Application Form for the project IS/MND; (6) attendance by multiple environmental and technical staff at the project Resource Conservation Committee (RCC) and CIty Council hearings; (7) meeting attendance and preparation of responses to comments for issues raised by the Brandywine Classics Homeowner's group; (B) attendance at multiple strategy meetings and preparation of presentation materials for the project City Council hearing; (9) preparation of a revised air quality aI\alysis for design changes associated with the proposed mid-blod: intersection; and (10) preparation of a ŒQA Addendum for the proposed mid-block intersection design (in progress)- T-R0510ran¡;e Avenue Project OUt-of-Scope Tasks . Additional ŒOA INHPA Process;n\" - Submittal of approximately 40 combined copies of project technical reports (as opposed to approximately 20 in our assumptions) and 35 copies of the first screencheck Initial Study/Environmental Assessment (as opposed to approximately lS in our assumptions). . Additional CEOA/NEPA/Technicol Report Tasks. - Completion of the described CEQA/NEPA process for the I-BaS/Orange A1I'enue project involved the following items not included in our original cost assumptions: (1) acquisition and analysis of updated h-affic accident data from Caltrans (as opposed to our assumption of using data directly from the project PSR): (2) inc\u~ion of portions of the "feasible and reasonable'~ ¡molysis in the project noise report; (3) additional review and potential changes to the project design. visual report and noise report assoc:iated with possible replacement of one or more noise walls with berm.s (decision pending); and (4) review and aI\alysis of Caltrans "environmental text ¡md cost tables" for inclusion in the project PSR As previously indicated, implementing the described out-of-scope tasks has resulted in the depletion of our existing authorized budget with the following proposed contract revision necessary to continue work on the Olympic Parkway. ¡-BaS/Orange A venue and I-80S /Plaomar Street projects. Prooosed Olvmoic Parkway I-80S/0rane:e Avenue and I-80SfPalomar St...t Contract Amendment The following proposed contract amendment is based on a number of assumptions, including-. (1) remaining tasks for the Olympk Park.....ay project will be limited to completing the mid-bloc:k intersection CEQA Addendum and providing miscellaneous environmental and technical input (e.g., noise wall design recommendations); (2) remaining tasks for the I-B05/0range Avenue project will include revising the visual (projeot management only for HELIX) and noise tecluùcal reports to iru:orporate one or more berms (i.e.. as replacements to identified noise walls), completion of two additional screencheck reviews for the CEQA/NEPA Initial. Study/Environmental Assessment (IS/EA), completion of the public review draft (50 copies) and final (25 copies) IS/EA documents. and attendance by HELIX environmental and technical staff at the Chula Vista RCC and City Council hearings for the proposed project; and (3) the scope-ot-servioes for the I-BOS/Palomar Street project will be limited to preliminary as..essment of environmental issues (as described in our original contract scope). /¥-38 .--. --.----------.. -- ....- - ..---- F?H'1 : PIck EngIneEring Comp"n~ FAX NO. : Jun. 14 2001 02: 14PM P5 ø¡3tlr\-." "t-\.1.'",-,-..~4,: Lette, to Mr. Kai Raimer March 28, 2001 ' "v-'~ ~:.\ Page 4 Proposed Olympic Parkway Project Am.endment Costs Iå.!iJ> Pezsonnel EAt!! Homs Çgg CEQA Addendum D. daycomb $48.10 2 $ 96,20 D, Marcin $41.80 8 $ 334.40 Administration K Ruffalo $30.00 2 $ 60.00 Graphics Staff $21.00 2 $ 42,00 Word Processing/ Staff $16.50 2 ~ derical Olympic Parkway Direct Labor Subtotal $ 565.60 Overhead Rate (1.40) $ 791.84 Profit (10%) $ 135.74 Reimbursable Expenses $ 100.00 Olympic Parkway Subtotal $1,593.18 Proposed I-B05/0range Avenu", Project Amendment Costs Task ~ Rate Homs Cost Project Management/ Do Oaycomb $48.10 16 $ 769,60 Meetings D. Marcin $41.80 24 $ 1,003.20 CEQA/NEPA D. Claýcomb $48,10 16 $ 769,60 D. Marcin $41.80 100 $ 4,180,00 Noise Report M, Komula $41.80 24 $ 1,003.20 Administration K Ruffalo $30.00 8 $ 240.00 Graphics Staff $21,00 8 $ 168,00 Word Processing/ Staff $16.50 16 $ 264,00 Oerical I-80S/Orange Avenue Direct Labor Subtotal $ 8,39'7.60 Overhead Rate (1.40) $11,756.64 Profit (10%) $ 2,015.42 ReimbutSable Expenses :t.lJ!QQ,QQ , $23,169.66 1-80S/0r""ge Avenue Subtotal /7"0 0'.-0'_'- ...--.--.---- --- ----------.....-- FRCI~l : R ¡ ck Eng lnEErl ng Compan~ FAX NCI. : Jun. 14 2001 02; lSPM P5 .Jt¡vC-"~' Letler to Mr. Kai Raimer March 28, 2001 ..~.. Page 5 Proposed 1-805/Palomar Street Project Amendment Costs :wJs ~ Räœ Hours Qæ Project Management/ D. Claycomb $48.10 8 $ 384.80 Meetings D. Marcin $41.80 10 $ 418.00 Preliminary D. Claycomb $48.10 S $ 384.80 CEQA/NEPA D. Marcin $41.80 16 $ 668.80 Assessment I-805/paJomar Street Direct labor Subtotal $ 1856.40 Overhead Rate (1.40) $ z.598.96 Profit (10r.) $ 445.54 Reil:nbursable Expenses LJ.m1!1Q I-80S1 p..lomar Street Subtotal $ 5,000.90 Total Proposed Contrad Amendment $29.763.74 The above described amendment of $29,763.74 would. bring our total authorized contract amount to $212,451.74. Please contact me or Dennis Marcin at your earliest ~iJL~"-~~~' Da' . Claycomb AJCP Principal , -.-.---.-----.. ..-.-----.--,.----,- -. FROM: R 1 cL Eng lnEEr¡ ng Compan~ FAX NO. : Jun. 14 2001 02: 15PM P7 CURRENT SCHEDULE OF FEES Consultin~ Servi<~ Consulting services performed by HELIX typically include, but are not necessarily limited to, office, tield, meetings. hearings and travel time. Consulting services for expert witness review, deposition, ",:,d/ or testimony will be provided at one and one-half funes our professional rates. Dire~t Costs Certain identifiable cliIect costs will be charged to the project at cost plus ten percent. Examples of c:ürectcostsinclude subcor1Bultants, vehicle or equipment rentals, airplane and tram fares, parking, per diem and lodging, cOJJUI1UJÙcationa, reproduction, and supplies. Automobile mileage will be charged at forty cents per mile. A 4-wheel drive premium will be charged at $25.00 per project day. Facsimile transmissions will be charged at $1.00 per page smt. There will be additional charges for plotting, color printing, aerial photographs and GPS services. I3J!mmI Invoices will be submitted monthly and will Include ..:harges for work in progress. Payroentofthese invoices is due upon their receipt. A charge of<1r>e and one.half percent per month will be added to any outstanding bala:ncenot paid within thJrty days unless the cone-act calls for a diffexent payment schedule. Professional nat"" Current hourly rates for consulting s""vices: Principal $140.00 Group Manager $125.00 Senior Scientist 5115.00 Senior Project Manager $110.00 Senior Biologist $105.00 EnvirO1lmental Specialist II $100.00 Project Mmager $85.00 Biologist ill $80.00 En;,uonmental Specialist I $75.00 Biologistn $75.00 Administrative Manager $75.00 Technical Coordinator $70.00 Graphics Coordinator $70.00 Senior Environmental Planner $70.00 Biologist I $65.00 Production Mmager $65,00 Assistant Produttion Manager $55.00 Associate Biologist $55.00 Environmental p1azmer S55,OO GIS A<Wyst $55.00 Technical Editor $55.00 Environmental Analyst $45.00 Assistant Biologist $45.00 , Word Processor $45.00 Biological Teclmidan $35.00 Clerical $35.00 Laborer $25.00 HHIX mirmenlal ~Imil~i¡¡. /t! ~L// .-----_.. -. -.-.---- FRDr1 R1Ck Eng1neenng Compan" FAX NO. : Jun. 14 2001 02: 15PM PB 1'¥LININTERNATIONAL. MC?OANIEL 5030 Camino De La Sie.ta, Surte 204 San Diego, CA 92108 (619) 692-1920 Fax (619) 692-œ34 LEITER OF TRANSMITTAL To; Rick Engineering Compony CAn 3/02/01 I "O)!tOTNO. 87332 5620 Friars Road A"',,"ON Mr. Edgar Camerino Son Diego, CA 92110 'U,)!tOT OLYMPIC PARKWAY SOUNDWALL ON GRADE BEAM We ore sending the following items via; 0 Overnight 0 M..senger 181 US Moil 0 Hand Delivered These are tronsmitted os checked below: 0 For your review 0 Approved 05 submined 0 Resubmit - copies lor opprovol 181 For your use 0 Approved Os nated 0 Subma - copies lor distribution 181 As requested 0 Returned for correclions 0 Return - corrected prints 0 for review ond commen! 0 Other - ~ , Co",o SIGNED Perry Schacht;db, - ----. ,-.---.-----------, ------------'- - FROM: R ¡ ck Ens 1 neer¡ nS Compan~ FAX NO. ; Jun. 14 2001 02; 16PM P9 "Exhibit A" OLYMPIC PARKWAY SOUNDWALL ON GRADE BEAM Structural Engineering Services provided by: T. Y. Un International. McDaniel March 2, 2001 DESCRIPTION OF PROJECT The proposed improvements to Olympic Parkwoy will require a sound wall along the south side of the road, adjacent to the existing residential properties. At approximately station 35+50 the proposed sound wall will cross over an existing 11-foot diameter steel waterline. A grade beam spanning approximotely 80 feet, supported on cast-in-drilled-ho/e (CIDH) piles ot each end is proposed to support the sound well obove the pipe T,¥, Lin Internotional . McDaniel will serve as the structural desig'n subconsultont to Rick Engineering Company ta provide the structurol design and details of the grade beam and support piles. SCOPE OF SERVICES The tasks to be performed for structural engineering are outlined as follows: 0 Attend up to one design team meeting. 0 Prepare design calculations In accordance with Coltrans Bridge Design Specifications (AASHTO with Coltrons revisions). 0 Provide structurol details of the grade beam and C/DH piles. 0 Submit structural calculations and plans ta Rick Engineering Company. Respond to Agency comments and make plan revisions as required ta seCUre approval. CONSULTING FEES We propose to provide these services on a fixed,fee basis of $3,700. SERVICES NOT INCLUDED The following services, if required, have not been included in the proposed bridge consulting fees: . Civil and grading plans . Geometric layout of grade beam and pile locations . Drainage , 'T¥LIN INTERNATIONAL- MC?DANIEL 1'1-':/3 - --------..- -- "..---_..~. FRm1 : Riel< EngIneering Compan~ FAX NO. : Sun. 14 2001 02: 17PM P10 Olympio Parkway Soundwe/l on Grode Beam Bridge Engineering Services Merch 2. 2001 . Front end bid doouments (boilerplete) . Erosion control plens . Geotechnical engineering . D",sign of utility feci!ities . Environmente! studies end permits . Aeria! mapping and site surveying . Architectural renderings . Traffio control/detour plans . Incorporetion of barriers, reilings or lighting . Sound well design . Services during construction . Pot-holing end locetion of existing utilities SERVICES To BE PROVIDED BY OTHERS The following services, if required, have not been included in the proposed bridge consulting fees: . Roadway layout, horizontal geometry and profiles . Geetechnical engineering and Foundation Report . Location of existing utilitì",s or obstructions , "JY.LININTERNATIONAL. M9DANIEL .-.....---..--.... -. FRor'1 : RICk EnginEEring Compan<. FAX NO. Jun. 142001 02:17PM Pll ~~ ~~~~~~ ~~~~~~~~~~= ~~g~~~ ~~ ~~~ ~ ~~ ~~~~ ~ gb ~~ ~~ ~ ~ ",l- ----- ~ ~~ 000 g oc31 :'? r-- .. 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"'.. ~ = ~ ~ ~ T T(¡::J RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ELEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR ENGINEERING DESIGN SERVICES FOR THE FINAL DESIGN PLANS, SPECIFICATIONS & ESTIMATES (PS&E) FOR THE 1-805 AT OLYMPIC PARKWAY/EAST ORANGE AVENUE INTERCHANGE, ADDITIONAL ENVIRONMENTAL ANALYSIS FOR OLYMPIC PARKWAY, AND THE INTERCHANGE AT I-805/EAST ORANGE AVENUE, AND THE DESIGN O~ THE OLYMPIC PARKWAY SOUND WALL; WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY WHEREAS, on January 23, 1996, Council by Resolution No. 18193, approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street; and WHEREAS, since then, due to additional work requirements by Caltrans, ten amendments to this contact have been made; and WHEREAS, the first eight amendments were approved by Council on January 21, 1997 (Resolution 18555), May 20, 1997 (Resolution No. 18670), August 5, 1997 (Resolution 18729), November 17, 1998 (Resolution 19269), July 13, 1999 (Resolution No. 19540), February 22, 2000 (Resolution 2000-062), and June 20, 2000 (Resolution No. 2000-224); and WHEREAS, the ninth amendment effective January 4, 2001 was approved at a staff level, since the amendment was for less than the amount that recently amended change order policy (Council Policy No. 574-01) sets as the Council level approval threshold; and WHEREAS, the tenth amendment to the contract was approved on March 3, 2001 (Resolution No. 2001-048) to provide for final design drawings of the signalized 1 ILl-if? -. -----.--..--.----- ..----.--.-.---.--- intersection of Olympic Parkway with Concord Way and commensurate revisions to the landscaping plans; and NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council does hereby approve the Eleventh Amendment to the Agreement between the city of Chula Vista and Rick Engineering Company in the form presented for engineering design services for the final design Plans, Specifications & Estimates (PS&E) for the I-80S at Olympic Parkway/East Orange Avenue Interchange, additional environmental analysis for Olympic Parkway, and the interchange at 1- 80S/East Orange Avenue, and the design of the Olympic Parkway sound wall, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED the city Council does hereby waive the consultant selection process of Municipal Code section 2.56.070 as impractical because (a) the substantial design work already performed by Rick Engineering and the subconsultants on the project gives them extensive cumulative knowledge of the project planning and design essential to the successful completion of the project; (b) the work is proposed to be accomplished at reasonable rates; and (c) the original RFP contemplated award of additional work assuming good performance of the initial work. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Amendment on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Director of Public Works J, \Attorney\Reso Rick 11th 2 /-1-"// -----. -------.----- ELEVENTH AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR ADDITIONAL PLANS, SPECIFICATION & ESTIMATES (PS&E) FOR THE INTERCHANGE AT INTERST ATE 805 OLYMPIC P ARKW A YIEAST ORANGE AVENUE, ADDITIONAL ENVIRONMENTAL ANALYSIS FOR OLYMPIC P ARKW A Y, AND INTERCHANGE AT I-805/EAST ORANGE A VENUE, AND THE DESIGN OF THE OLYMPIC P ARKW A Y SOUND WALL THIS ELEVENTH AMENDMENT TO THE AGREEMENT FOR ADDITIONAL DESIGN SERVICES is entered into as of September 18, 2001, by and between the City ofChula Vista (CITY) a municipal chartered corporation of the State of California, and Rick Engineering Company (CONSULTANT). RECITALS: WHEREAS, the CITY has approved an Agreement with CONSULTANT dated January 23, 1996 and approved by Resolution 18193 (Agreement); and WHEREAS, the CITY has approved ten amendments to said Agreement dated January 2 I, 1997, May 20, 1997; August 5, 1997; November 17, 1998; July 13, 1999; February 22, 2000; and June 20, 2000; September 12,2000, and January 4, 2001, and March 6, 2001, respectively; and WHEREAS, CONSULTANT is required to do additional work not anticipated in the original Agreement and amendments thereto; and WHEREAS, both CITY and CONSULTANT desire to further amend the Agreement to revise the scope of work to include additional items required by the City. WHEREAS, City staff cannot perform the work outlined above due to lack of available staff time and/or lack of expertise to efficiently deal with the State and Federal requirements and processes. NOW, THEREFORE, the Agreement is hereby amended as follows: I. Exhibit A, Section 8A, is hereby amended to add the following to the Detailed Scope of Work: 200 SERVICES PERFORMED BY THE CONSULTANT CONSULTANT shall be responsible for the Services outlined in this Scope of Services. CONSUL T ANT services shall conform to the standards, criteria, and requirements of this Scope of Services, and shall include all plans, specifications, estimates, reports and special provisions necessary to complete the Project. C:\WINDOWS\Tcmporary Internet Files\OLK71B4\RICKIIAMD.laI.DOC /£/-1/7 _.. ---_._--- 210 General Description of Required Services I. Olympic Parkway/I-80S Interchange (STM-329) A. Detailed Scope of Work: Rick Engineering will be providing the general engineering design services, which includes Environmental, Design, Structural, and Geotechnical Services, for the work related to Olympic Parkway7I-805 Interchange. Services, Soundwall Grade Beam Design (T.Y. Lin-McDaniel) The tasks to be performed for structural engineering are outlined as follows: 0 Attend up to one design team meeting. 0 Prepare design calculations in accordance with Caltrans Bridge Design Specifications (AASHTO with Caltrans revisions). 0 Provide stmctural details ofthe grade beam and Cast-In-Drilled-Holes (CIDH) piles. Submit structural calculations and plans to Rick Engineering Company. Respond to Agency comments and make plan revisions as required to secure approval. 2. Structural Services, Bridge Widening, North Side of Orange (T.Y. Lin-McDaniel) a. Revise design calculations and submit Retrofit Strategy Report b. Prepare and submit Sub Preliminary Report 3. Right of Way, Noise Mitigation, and SWPPP Services (JANMAC, INe.) a. Right of Way Consultant Services Provide appraisal and right-of-way acquisition services for the I-805/0range Avenue Interchange project. 1. Acquire permits to do work on private property from approximately 80 property ownerships for the construction of the proposed sound attenuation improvements. The form of permit to be approved by Caltrans and the City ofChula Vista. 2. Acquire partial takings (fee simple title) from approximately 14 property ownerships needed for the construction of the proposed freeway improvements. The form of conveyance document to be approved by Caltrans and the City of Chula Vista. 3. Obtain appraisal services from a qualified independent fee appraiser, subject to Caltrans approval, to determine a fair ren'rfor the temporary use of the real property C:\WINDOWS\Temporary Internet Filcs\OLK71 B4\RICKIIAMD.laI.DOC ..---.... -- during the construction of the proposed sound altenuation improvements. 4. Obtain appraisal services from a qualified independent fee appraiser, subject to Caltrans approval, to determine the fair market value of the proposed partial takings. 5. Open and track the closing of escrows for the acquisition (purchase) of the partial takings, including but not limited to, monetary lien clearances, deed acceptance, payment processing and issuance of policies of title insurance. 6. Maintain a liaison with Caltrans staff regarding appraisal assignment, appraisal review, overview of the acquisition process and required reports. CONSULTANT WILL: 1. Review preliminary title reports, appraisal reports, right-of-way plats, legal descriptions, improvement plans, and other related documents in sufficient detail so as to be fully prepared for the negotiation process. 2. Mail notice of pending project to property owners. 3. Meet with the project engineer, city staff and legal counsel on an af n ~eded basis. Obtain review approval of the appraisals and related documents fi-om Caltrans. 4. Obtain the City ofChula Vista's approval to present fair market rental offers for the permission to do work on private property. The offer lelters shall include an appraisal summary statement and the applicable permit. 5. Transmit executed/notarized permits to the City of Chula Vista for acceptance and recording. Payment for the temporary use of the property will made directly by the City ofChula Vista. 6. Obtain the City of Chula Vista's approval to present the fair market value offers in writing to the property owners. The offer letters shall include an appraisal summary statement, right of way contract, and the applicable deed as prepared by the CONSULTANT. The right of way contract shall be a Caltrans approved contract similar to the format used by Caltrans. 7. Conduct negotiations in a professional, fair, honest, equitable, and ethical manner. Every reasonable effort will be made to negotiate with the property owner on a person to person basis. [fthe owner designates another party to negotiate with, such as an attorney, the CONSULTANT will abide by the owner s request. 8. Meet and negotiate with the property owners or their designated representatives until a negotiated settlement is finalized or an impasse in negotiations has been reached. Open an escrow upon the acceptance of a seltlement offer. 9. Prepare a final seltlement offer to be mailed to the property owner if an impasse in negotiations has been reached. A threat of condemnation shall not be used to coerce a property owner into accepting the fair market value offer. C:\WINDOWS\Temporary Internet Files\OLK71B4\RICK11AMD.la1.DOC . --..-.. -.--.---.--..- . ----.-.--- - 10. Offer to acquire the entire property when the acquisition of a portion of the larger parcel would leave the rem<lining portion in such shape or condition as to constitute an uneconomIc remnant. 11. Coordinate the paperwork processing between the City of Chula Vista and the escrow company and between the escrow company and the property owner. This includes follow-up actions to obtain deed signatures, notarizations, lien releases, partial or full reconveyances and subordination agreements. 12. Advise city staff, the appraiser and the project engineer of the status ofnegotiations and the likelihood of a negotiation impasse which would require an eminent domain action. 13. Be available to advise the City of Chula Vista and participate in settlement negotiations during the condemnation process. Also participate, ifrequired, in the discovery process for condemnation actions. 14. Maintain an acquisition file for each parcel for the recording of contacts and the filing ofrelated correspondence. 15. Prepare monthly acquisition status reports and maintain a current time line schedule for the right-of-way certification target date for the project. 16. Provide in a professional manner all of the labor, technical, administrative, professional and other personnel, all supplies and materials, vehicle transportation, office space and facilities, necessary or proper to perform and complete the right-of- way acquisition assignment, including but not limited, to the preparation of Right Of Way Contracts, permits to do work on private property and conveyance documents. 17. Provide in a professional manner all of the labor, technical, administrative, professional and other personnel, all supplies and materials, vehicle transportation, office space and facilities, necessary or proper to perform and complete the right-of- way acquisition assignment, including but not limited, to the preparation of Right Of Way Contracts, permits to do work on private property and conveyance documents. b. Right of Way Coordination Coordinate right of way issues with JANMAC, the City of Chula Vista, and Caltrans. Proposed work to include title report/lot book report coordination, general right of way coordination, and the preparation/coordination of exhibits/details. c. Noise Mitigation Services Coordinate all issues regarding noise attenuation with the owner of each home designated to receive sound attenuation within the project boundary to finalize the Feasibility and Reasonableness of Noise Abatement Report. Work to be perfon11ed includes: A. Prepare plan and profile exhibits of each affected property. C:IWINDOWSITemporary Internet FiIeslOLK7IB41RICKI IAMD.IaI.DOC / ,/-S-.2, ---.......---.-. .-- -..-. n-_--'-'--' ---- B. Homeowner coordinalion, which includes a field visit to each affected property, preparation of information packages for each property, and documentation of the existing property. d. Storm Water Pollution Prevention Plan (SWPPP) Prepare SWPPP sheets for inclusion into the PS&E plans per CaItrans' new requirements. SWPPP plans will include phases for: I) Composite grading, 2) Temporary Best Management Practices (BMP's) for Rough Grading/Improvements, 3) Temporary BMP's for Precise Grading/Improvements, and 4) Post-BMP construction. 4. Environmental Services (Helix Environmental Planning, Inc.) I-805/0range Avenue Project Out-of-Scope Tasks . Additional CEQAlNEP A Processing. - Submittal of an additional 20 combined copies ofproject technical reports and 20 additional copies of the first screencheck Initial StudylEnvironmental Assessment. . Additional CEQNNEP NTechnical Report Tasks. - Completion of the described CEQAlNEP A process for the I-805/0range Avenue project includes the following additional items not included in the original cost assumptions: (1) acquisition and analysis of updated traffic accident data from Caltrans,(2) inclusion of portions of the "feasible and reasonable" analysis in the project noise report; (3) additional review and potential changes to the project design, visual report and noise report associated with possible replacement of one or more noise walls with berms; and (4) review and analysis ofCaltrans "environmental text and cost tables" for inclusion in the project PSR. Proposed I-80S/Orange Avenue Contract Amendment The following proposed contract amendment is based on a number of assumption, including: (1) remaining tasks for the I-805/0range Avenue project will include revising the visual (project management only for HELIX) and noise technical reports to incorporate one or more berms (i.e., as replacements to identified noise walls), completion of two additional screencheek reviews for the CEQAlNEP A Initial StudYlEnvironmental Assessment (IS/EA), completion of the public review draft (50 copies) and final (25 copies) IS/EA documents, and attendance by HELIX environmental and technical staff at the Chula Vista RCC and City Council hearings for the proposed project. 5. Additional Noise Model Analysis (Helix, Pacific Noise Control) . Pacific Noise Control, as a subconsuItant to HELIX, will rerun the noise model assessment for applicable portions of the I-805/0range Avenue project to evaluate the use of earthen berms (rather than masonry walls) as noise abatement structures. Specifically, this analysis will include the noise walls identified as B2, B6 (only the portion adjacent to the C:IWINDOWSITemporary Internet FiIeslOLK71B41RICK I IAMD.IaI.DOC /'/-;;;3 northbound 1-805 off-ramp) and B9 in the November 1,2000 Interstate 805/0range A venue Interchange Acoustical Assessment. The proposed analysis of these noise abalement structures will be conducted using the Caltrans SOUND32 computer model, with all methodology similar to that described in the referenced acoustical assessment. The results of this effort will be summarized in a letter report to Rick Engineering, and any modifications to noise abatement structure lengths or heights identified in the previous modeling effort will be depicted graphically. II. Olympic Parkway, Oleander to Brandywine Avenue (STM-344) A. Detailed Scope of Work: I. Environmental Services (Helix Environmental Planning. Inc.) Olympic Parkway Out-of-Scope Tasks . CEQA Analysis. - In January 2000, HELIX was requested to include a CEQA analysis of the proposed Olympic Parkway. Up to that time, the City of Chula Vista had proposed to complete the CEQA rcview in-house. Based on available information and a number of assumptions regarding the type and processing format for CEQA review, a cost estimate of $12,000 was submitted to prepare an Initial Study/Mitigated Negative Declaration (IS/MND) for the Olympic Parkway project. No contract amendment for this task was ever authorized, however, with available (i.e., existing) funds used to complete the CEQA analysis. In addition, the level of effort for several elements of this task exceeds the assumptions used in our cost estimate, with these elements described separately below. . Additional CEQA Processing. - As noted above, a number of elements associated with processing the Olympic Parkway CEQA review exceeded the assumptions used in the initial cost estimate. Specifically, these included the completion of an additional three internal (screencheck) reviews by the City, and submittal of an additional 40 combined copies of the noise, air quality and cultural resource technical reports. . Additional CEQNTechnical Report Tasks. - Completion of the described CEQA process for the Olympic Parkway project involves the following additional items not included in the original cost assumptions: (1) revisions to the IS/MND and associated technical reports for design modifications to the Olympic Parkway/Brandywine intersection (i.e., addition of a right-turn only lane onto Brandywine); (2) revision of the IS/MND to include the results ofa site-specific lead testing program; (3) analysis of potential design mitigation options for noise impacts to second story dwellings; (4) analysis of traffic data from two adjacent projects for noise and air quality technical reports; (5) completion of a City of Chula Vista Initial Study Application FOll1l for the project IS/MND; (6) attendance by multiple environmental and technical staff at the projcct Resource Conservation Committee (RCC) and City Council hearings; (7) meeting attendance and preparation of responses to comments for issues raised by the Brandywine Classics Homeowner's group; (8) attendance at multiple strategy meetings and preparation of presentation materials for the project City Council hearing; (9) preparation of a revised air quality analysis for design changes associated with the proposed mid-block intersection; and (10) preparation of a CEQA Addendum for the proposed mid- C:\WINDOWS\Tcmporary Internet Files\OLK71 B4\RICK I IAMD.laI.DOC /"/-s/f . --.-. - --.--.-----...- block intersection design. Proposed Olympic Parkway Contract Amendment The foHowing proposed contract amendment is based on a the foHowing, including: (I) remaining tasks for the Olympic Parkway project wiH be limited to completing the mid-block intersection CEQA Addendum and providing miscellaneous environmental and technical input (e.g., noise waH design recommendations) II. Exhibit A, Section II B Phased Fixed Fee Arrangement is hereby amended to add the foHowing: 1. Eleventh Amendment Cost Summary A. Rick Engineering: Final design Plans, Specifications & Estimates for the I/805 at Olympic Parkway/East Orange A venue Interchange, and additional environmental analysis for Olympic Parkway, and the I/805IEast Orange interchange. $ 423,642.00 1. Provide Structural Services, SoundwaH Grade Beam Design 2. Provide Structural Services, Bridge Widening, North Side of Orange 3. Provide appraisal and Right of Way acquisition, Noise Mitigation, and SWPPP Services 4. Provide Environmental Services 5. Provide Additional Noise Model Analysis Servicès B. Reimbursable Expenses $ 3,000.00 Subtotal $ 426,642.00 The proposed amendment wiH increase the contract with the CONSULTANT, as amended, by $426,642.00 to a total of $3,350,572.00. 2. Eleventh Amendment Compensation Structure A. Services. Services for the Eleventh Amendment Scope of Work (excluding reimbursables) wiH be due and payable by City to CONSULTANT on an hourly rate basis per the agreed upon rate schedule not to exceed the cost estimates corresponding with the milestones specified in the Cost Summary attached hereto as Exhibit A. CONSULTANT shaH submit monthly invoices for City review. City shall remit payment to CONSULTANT within thirty (30) days of City's approval of an invoice, less the City's standard ten percent (10%) retention. Upon the achievement of a specified milestone the 10% retention shaH be paid to CONSULT ANT. If CONSULTANT provides time and materials the cost of which is less than the estimated cost, in the aggregate, for a specified milestone, such amounts shaH not be immediately due and payable; provided, however, such unpaid amount may be carried forward and be paid to CONSULTANT if and only to the extent that CONSULTANT provides time and materials towards the satisfaction of a subsequent milestone the cost of which exceeds the cost estimate for such milestone. In no event shaH CONSULTANT be paid an amount under this Agreement which would result in Consultant's total compensation hereunder (excluding reimbursables) exceed $426,642. C:\WINDOWS\Temporary Internet Files\OLK71B4\RICKIIAMD.laIDOC /¥- 55"' -'---------"----'-'-------- B. Reimbursable Expenses. Reimbursable expenses such as printing, copying, blueprinting, plotting, mylars, and delivery charges will be invoiced to the City at the cost incurred by the Consultant in preparation and processing ofthe work product as defined by the above scope of services. Reimbursable expenses shall not exceed $3,000 in the aggregate. III. Except as modified herein, all other provisions of the Agreement approved by Resolution No. 18193 on January 23, 1996, the first amendment approved by Resolution No. 18555 on January 21,1997, the second amendment approved by Resolution No. 18670 on May 20,1997, the third amendment approved by Resolution No- 18749 on August 5, 1997, the fourth amendment approved by Resolution No. 19269 on November 17, 1998, the fifth amendment approved by Resolution No. 19540 on July 13, 1999, the sixth amendment approved by Resolution No. 2000-062 on February 22, 2000, and the seventh amendment approved by Resolution No. 2000- 224 on June 20,2000, the eighth amendment approved by resolution No. 2000-321, the ninth amendment approved by City staff on January 4, 2001, and the tenth amendment approved by resolution No. 2001-048 on March 6, 2001, shall remain in full force and effect. END OF ELEVENTH AMENDMENT SIGNATURE PAGE FOLLOWS C\WINDOWS\Temporary Internet Files\OLK7IB4\RICKIIAMD.lal.DOC /¥-~~ ...----.-..-- Signature Page for the Eleventh Amendment to Agreement between City ofChula Vista and Rick Engineering Company for Additional Plans, Specifications & Estimates (PS&E) for the Interstate 805 Olympic Parkway/East Orange Avenue, and Interchange at I-805IEast Orange Avenue, and the Design of the Olympic Parkway Sound Wall IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Tenth Amendment effective as of the date first set forth above thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA By: Shirley Horton Mayor ATTEST: Susan Bigelow, City Clerk APPROVED AS TO FORM: John M. 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"oo"".c5i:;;::;;:v;~ ~ ~¡(;¡¡ ~ ,~¡(; ~!l {i f ~~nË,"'J~~õ8 ~ 'õ ¡'o:1;~ 0.'::.1; ~c æ ~.g~=~-g.,,~;¡j-;¡ S § 2!11 ~~~! ~§:;;: ~ §Æ~~iË~';g;æ~ ~ .ê' ~~¡¡j §«.E -g -g:;, ~8¡¡;"~"8~o.~ - ~ g-~.-'.~Jj$~~ 6~8' ~ ¡¡~::~~:;;:"E~~ S " ,"o:~¡¡-gge:,o: 8"-':;" .Eê~@-.EêË-§¡iË ~ , -tbE'¡¡'tt ~wc§ ,""'-"w~"';i?8õ:'" - . 8°5""5"'8.° ci;'5 "'J-<"0"'J<~ -" ~-'" 3 ~¡':'~, ~3ì¡ §.~õ:: ~~ a@¡(;1j§ iii§ g Ë ;;~.~«"'e~~ ~"-"" o-.@"õ~-¡;;~~~-¡;; .0:" ~~§E B êt~]::, õ§§"iJ 5.q:2]d~J:ææo. u ~ €~e~~~';;~~~:§g~~i:;;~i~§~6.6.6.@ ~-6 ~~gg;;~~~~~~§':~~ê"'::-~~ê"ð~1.;.;~ ¡¡.c Oo."""o.«o.o..5w",u.Ewo.o.@Oo.o.1i",ooo", o:¡ " II .8 £~ - N M..,. >n 'D r-- 00 a- ;:; :::: ~ ~ :': ~ :S~;"'; :g ¡¡ 0 ~ 00 .~ /fL -s;1 - .---.--.--- CITY COUNCIL AGENDA STATEMENT Item No. ~ Meeting Date: 9/18/01 ITEM TITLE: PUBLIC HEARING; SM-OOIF; Consideration of a third Urgency Ordinance Establishing the San Miguel Ranch Fiscal Deficit Fee. An Urgency Ordinance of the City of Chula Vista Establishing the San Miguel Ranch Fiscal Deficit Fee as a building permit based fee to provide permanent funding for the preparation of 15 annual fiscal reviews for the project, and for the payment of any fiscal deficits identified by the reviews, as required by Ordinance 2829 which established the San Miguel Ranch Fiscal Deficit Account. SUMITTED BY: Director of Planning and Building 4t REVIEWED BY: City Manager ¡;?;) (4/5ths Vote: Yes X - No-1 On August 7, 2001, the City Council approved Urgency Ordinance 2841-A and Ordinance 2841 establishing the San Miguel Ranch Fiscal Deficit Fee (see attachment B). The imposition of this fee ensures that builders, and not the City or its residents will pay for any fiscal deficits associated with development of the San Miguel Ranch project (see Locator, attachment A). Adoption of Urgency Ordinance 2841-A was necessary to ensure that the fiscal deficit fee took effect immediately, because Ordinance 2841 does not go into full effect until October 7, 2001. Because the first Urgency Ordinance expired on September 6, 2001, the Council approved a second Urgency Ordinance 2841-B on August 28,2001, to establish this fee for an additional 30 days (see attachment C). However, the second urgency ordinance expires on September 27, 2001, and it is necessary to approve a third Urgency Ordinance to enable the City to collect the fee if necessary during the waiting period until the permanent Ordinance takes effect. The Environmental Review Coordinator has determined that this action is not a project as defined in the California Environmental Quality Act, and therefore is not subject to environmental review. No further action is necessary. RECOMMENDATION: That the City Council approve the second Urgency Ordinance to take effect immediately for a period of 30 days. BOARDS AND COMMISSIONS RECOMMENDATION: Not applicable. _. ........-..-.--.....----.......-- r Page2,Item:~ Meeting Date: 9/18/01 DISCUSSION: San Miguel Ranch Fiscal Deficit Account: On 12/19/00, the City Council adopted Ordinance No. 2829 establishing the San Miguel Ranch Fiscal Deficit Account It required that prior to approval of the first Final Map for San Miguel Ranch, the applicant (NNP- Trimark San Miguel, LLC) establish a permanent funding mechanism to pay for the annual fiscal reviews and any deficits created by the San Miguel Ranch project. Establishment of this account was required by conditions of approval of the San Miguel Ranch Tentative Map Chula Vista Tract 99-04, approved 2/29/00, and its findings are based on the Fiscal Impact Analysis prepared by CIC Research, which was approved in conjunction with the San Miguel Ranch Public Facilities Financing Plan. San Miguel Ranch Fiscal Deficit Fee: The San Miguel Ranch Fiscal Deficit Fee provides a permanent source of sufficient funds to offset projected, eventual operating deficits. The proposed fee structure considers the gradual collection of funds throughout the project's construction, along with interest earnings on those funds, and inflation, to ensure that adequate funds will exist to pay the City for projected deficits through the year 2015. The methodology utilizes a discounted cash flow analysis (Net Present Value). The Net Present Value was calculated utilizing a 3 percent discount rate, which assumes that the difference between inflation and interest rates is 3% per year. That rate was calculated using an assumed 3% inflation rate and a 6% return on funds. The discount and inflation rate values are valid assumptions because they reflect historical averages. Net Present Value for purposes of this ordinance is the discounted value or amount of the building permit fee required, with consideration given to two things: First, that the money in the fiscal deficit account will earn interest or a return on funds estimated at approximately 6% per year; Second, that inflation, estimated at 3%, will decrease the value of the dollar and thus the City's spending power. As presented in the proposed Ordinances, the proposed fee would be as follows: 0 $896.00 for each dwelling unit issued a building permit during year 2001. u $922.00 for each dwelling unit issued a building permit during year 2002. 0 $950.00 for each dwelling unit issued a building permit during year 2003. 0 $979.00 for each dwelling unit issued a building permit during year 2004. 0 $1,008.00 for each dwelling unit issued a building permit during year 2005. If project construction activity continues beyond year 2005, the per-dwelling-unit fee would continue to increase at the rate of an additional 3% per year to compensate for inflation. For example, the per-dwelling-unit fee for year 2006 would be $1,038, and $1,069 in the year 2007. As a result, the above methodology equally considers all 1394 units within the project, and -.--.--.. .. --.. -...--.---., Page3,Item:~ Meeting Date: 9/18/01 allows the fee to be independent of the particular number of dwelling units that may be permitted in any calendar year. For instance: Should permits be pulled at a more rapid rate in the first year (or any other year) than original projections, the City would actually benefit even though the per-unit fee is lower. This results from the fact that those funds would then begin earning interest at the approximate rate of 6% per year earlier than anticipated, and that the 6% rate is greater that the 3% inflationary increase in the annual dwelling unit permit fee. Should permits be pulled at a slower rate than original projections, remaining permits pulled in subsequent years would pay at the increased rates (3%/year) which compensate for annual inflationary losses. As a result, while the City does not specifically benefit fiom this slower rate (as with the accelerated permit scenario), there would be no negative impact because the building permit fees would increase over time until the project is built out. Annual Fiscal Analysis and Review of Fees: It should be noted that, as an additional protection to the City, each of the project's required annual fiscal deficit reviews will also include an evaluation of the necessity for, and amount of, the fee. This would include such considerations as the amount of fees collected and interest earned to-date, the rate of inflation, and the state of the economy. If the annual fiscal review discovers any significant changes from assumptions used in the FIA regarding the amount of the project's fiscal deficit, or the fee's structure, amendments to this ordinance would be brought forward for Council consideration along with the report on the results of each annual fiscal review. Adoption of Urgency Ordinance: The Final Subdivision Map for San Miguel Ranch approved on 8/7/01 created certain legal, buildable residential parcels. If the City's development regulations are satisfied for these parcels, it is possible that application for and issuance of building permits could occur in San Miguel Ranch within the 60 days following approval of the Final Map. A current, immediate threat to public safety could result if the San Miguel Ranch project does not pay its fair share of costs for City services related to its development, and a shortfall occurs which requires that funding be transferred fiom other City funds or programs, which could directly impact existing residents. Therefore, staff recommends the adoption of the attached second urgency ordinance to enact the fiscal deficit fee immediately. CONCLUSION In conclusion, staff recommends adoption of the proposed third urgency ordinance establishing the San Miguel Ranch Fiscal Deficit Fee in order to satisfy project conditions of approval, and mitigate the anticipated fiscal impact to the City fiom development of the San Miguel Ranch project. / Page 4, Item:~ Meeting Date: 9/18/01 FISCAL IMPACT: Staff time and associated costs for preparing an implementing the second urgency ordinance are being paid by the Applicant Adoption of the proposed, second urgency ordinance effectively creates a positive fiscal impact for the City, in that it ensures that a permanent funding mechanism will exist to pay the City for conducting the annual fiscal reviews over the next 15 years, and for any fiscal deficits identified by those reviews. Attachments: A. Locator Map B. Ordioance 2841, San Miguel Ranch Fiscal Deficit Fee Ordinance (without exhibits) c. Ordinance 2841-B, San Miguel Ranch Fiscal Deficit Fee second Urgency Ordinance (without exhibits) (HWLANNINGlsm,-fiscal.Rev(3)aI13.cptdoc) - ---...-.-- .. - ----- COUHfY Of &AN DIEGO CITYOFC ULJ.V1STA PROJECT LOCATION C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPUCANT: TRI MARK PACIFIC-SAN MIGUEL LLC. San Miguel Ranch PROJECT Unincorporated County area adjacent Fiscal Impact Review Ordinance ADDRESS: to the northerty boundary of Chula Vista. An ordinance establish a Fiscal Impact Review Process SCAlE: I FILE NUMBER: and Fund tor the San Miguel Ranch Planned Community. NORTH No Scale SM-OO1 F ATTACHMENT A --.----..------_.- -- - -------- ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHING THE SAN MIGUEL RANCH FISCAL DEFICIT FEE AS A BUILDING PERMIT BASED FEE TO PROVIDE PERMANENT FUNDING FOR THE PREPARATION OF 15 ANNUAL FISCAL REVIEWS FOR THE SAN MIGUEL RANCH PROJECT, AND FOR THE PAYMENT OF ANY FISCAL DEFICITS IDENTIFIED BY THOSE ANNUAL REVIEWS, AS REQUIRED BY ORDINANCE 2829 WHICH ESTABLISHED THE SAN MIGUEL RANCH FISCAL DEFICIT ACCOUNT WHEREAS, the San Miguel Ranch Sectional Planning Area (SPA) Plan and Public Facilities Financing Plan/Fiscal Impact Analysis (PFFPIFIA) were approved by the City Council on October 19,1999, by Resolution No. 19631; and WHEREAS, the PFFPIFIA identified that the San Miguel Ranch Project would operate at an annual net fiscal deficit to the City; and WHEREAS, condition no. 22 of Resolution 19631 required the project applicant to establish a mechanism to mitigate that deficit to the City's satisfaction prior to annexation of the project site; and WHEREAS, on February 29, 2000, the City Council approved a Master Tentative Subdivision Map for the San Miguel Ranch project by Resolution No. 2000-068; and WHEREAS, condition nos. 95a. & b. of Resolution No. 2000-068 further specified the Applicant's responsibility to establish an account to finance the preparation of annual fiscal reviews and deficit analyses for the project, and to establish a permanent mechanism, prior to approval of the first Final Map within the project, to pay the City for the ongoing preparation of the annual reviews, and for any fiscal deficits identified by the annual reviews; and WHEREAS, on April 3, 2000, the San Diego Local Agency Formation Commission (LAFCO) adopted a Resolution (Ref. No. R099-42) approving San Miguel Ranch Reorganization subject to conditions, one of which reads "Pursuant to conditions regarding a forecasted annual fiscal deficit, contained in the SPA and Tentative Map, the property owner will establish and fund a mitigating mechanism to the City's satisfaction"; and WHEREAS, on December 19,2000, in conjunction with actions on annexation of the San Miguel Ranch project area, the City Council approved Ordinance 2829, establishing the San Miguel Ranch Fiscal Deficit Account; and WHEREAS, pursuant to Sections 3 and 5 of Ordinance 2829, the Applicant (NNP- Trimark San Miguel, LLC) ( "Applicant" ) shall, prior to approval of the first Final Map within the project, establish and fund a permanent mechanism to satisfy the Applicant's responsibility for funding preparation of the 15 annual reviews, and tòr payment of the project's fiscal deficits identified by those reviews; and liB ~ I A- TT AG~I NlE-¡\) T .ß /.s~ ~ ,--_u_- - _u_------ ORDINANCE NO. PAGE 2 WHEREAS, Exhibit 2 attached hereto is an excerpt from the approved San Miguel Ranch PFFPIFIA and generally describes the forecasted annual fiscal deficit; and WHEREAS, Exhibit 3 attached hereto identifies the proposed San Miguel Ranch Fiscal Deficit Fee which will establish a permanent funding mechanism and ensure payment of said fee to the City prior to issuance of building permits, to mitigate any fiscal deficits resulting from the project; and WHEREAS, the City Council has determined, based upon information presented to it in conjunction with prior action on the Project's SPA, PFFPIFIA, Tentative Subdivision Map and Annexation, that imposition of the San Miguel Ranch Fiscal Deficit Fee on all developrnents within the San Miguel Ranch SPA Plan area for which building permits have not yet been issued is necessary in order to protect the public safety and welfare, to ensure the effective implementation of the San Miguel Ranch SPA Plan, and is reasonably related to the development of the San Miguel Ranch Project; and WHEREAS, the Project's PFFPIFIA indicates that the City's operating d~ficits result fiom residential development, not commercial, so the proposed fees are proposed to be tied to residential dwelling units, both single and multiple family; and WHEREAS, the Environmental Review Coordinator has determined that the action is not a project as defined by the California Environmental Quality Act (CEQA), and therefore is not subject to environmental review. No further action is necessary. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section 1. Territory to 'Which Fee is Applicable. The area to which the San Miguel Ranch Fiscal Deficit Fee herein established shall be applicable is the same as the San Miguel Ranch SPA Plan, and defined by the San Miguel Ranch Reorganization (City Council Resolution 2000-482) and reflected on Exhibit 1 attached hereto ("Affected Territory"). Section 2. Purpose. By Ordinance 2829, the City Council established the San Miguel Ranch Fiscal Deficit Account. Pursuant to Sections 3 and 5 of Ordinance 2829, the purpose of this ordinance is to establish the permanent funding mechanism to pay the City for conducting 15 annual fiscal reviews and analyses, and for any fiscal deficits resulting fiom the San Miguel Ranch project. ! f/;;J, ".~ /5- .-<.----. - -'---"- ---'- --.-- ORDINANCE NO. PAGE 3 Section 3. Establishment of Building Permit Fee A San Miguel Ranch Fiscal Deficit Fee ("Fee") to be expressed on a per- residential-dwelling-unit basis, shall be paid prior to the issuance of a building permit for any residential project with the Affected Territory. Section 4. Determination of Dwelling Units Each single family attached and detached dwelling unit shall be considered one dwelling unit for purposes of this Fee. Each multi-family attached and detached dwelling unit shall also be considered a dwelling unit for the purposes of this Fee. Commercial and other non-residential uses shall not be charged this Fee. Section 5. Tirne to Determine Amount Due; Advance Payment Prohibited. The Fee for each residential dwelling unit shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building pérmit plan check was conducted, or when application was made for the building permit. The Fee shall be adjusted fiom time to time as the City determines appropriate. Section 6. Amount of Fee. The Fee shall be calculated at the following rates: $896.00 for each dwelling unit issued a building permit during calendar year 2001; and $922.00 for each dwelling unit issued a building permit during calendar year 2002, and $950.00 for each dwelling unit issued a building permit during calendar year 2003, and $979.00 for each dwelling unit issued a building permit during calendar year 2004, and $1,008.00 for each dwelling unit issued a building permit during calendar year 2005. The calculation of the initial Fee for the San Miguel Ranch Fiscal Deficit Fee is shown in Exhibit 3. Should issuance of building permits for residential dwelling units continue beyond calendar year 2005, the fee shall be increased an additional3% (percent) for each subsequent calendar year, and the increased fee shall be applied to all residential units issued building permits in that calendar year. The City Council intends to review the amount of this Fee annually or ITom time to time. The City Council may, at such reviews, adjust the amount of this Fee as necessary to assure compliance with the purposes of this Fee as set forth herein, and the San Miguel Ranch SPA Plan and PFFPIFIA. Ii {3 -:3 /sf ORDINANCE NO. PAGE 4 Section 7. Authority for Accounting and Expenditures. The proceeds coHected from the imposition of this Fee and any interest earned thereon shaH be deposited into the San Miguel Ranch Fiscal Deficit Account established by Ordinance 2829, and such proceeds shaH be expended only for the purposes and under the authorities set forth in that Ordinance 2829. Section 8. Revision and Refund of Fees. At such time as the City Council determines that this Fee is no longer required to be coHected for the purposes set forth herein, the Fee shaH be suspended. If the Fee is suspended as provided above, the Finance Director shall provide a report to the City Council summarizing the revenues and expenditures to date resulting fiom the Fee. If there are surplus funds available, the City Manager shaH provide a recommendation to the City Council on the most fair and equitable disposition of any excess Fees that may have been coHected. In the absence of an alternative determination òf fairness by the City Council, a refund which divides the remaining unused balance by the residential units for each developer or applicant who has paid the Fee shaH be deemed a fair metholÌ. Section 9. Findings. The City Council of the City of Chula Vista does hereby find that the establishment of the Fee is necessary to protect the public safety and welfare, to ensure the effective implementation of the San Miguel Ranch SPA Plan, and is reasonably related to the development of the San Miguel Ranch Project, for the following reasons: A. The San Miguel Ranch Tentative Map Resolution, Condition ~f Approval #95 requires that a Fiscal Deficit program be established to correct any annual operating deficiencies incurred by the City as a result of the development of the San Miguel Ranch Project This program will finance the cost of 15 annual reviews and analyses of the fiscal impact of the Project upon the City, and payment of any fiscal deficits identified by those annual reviews. B. The San Miguel Ranch PFFP/FIA produces a representation of the project's fiscal impacts upon the City for any given year to the buildout of the project C. It is projected that the City's operating deficits will result from residential development, not commercial or industrial, so the proposed fees are to be tied to residential units, both single family and multi-family. D. The amount of the Fee levied by this ordinance to fund the annual fiscal deficit analyses does not exceed the estimated cost of providing this service. II } , ----"'.- -.----.--.-.-.-...- E. The collection of the Fee established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the purposes described in the San Miguel Ranch PFFPIFIA and in Ordinance 2829. Section 10. Fee Additional to Other Fees and Charges. The Fee established by this ordinance IS in addition to the requirements imposed by other City laws, policies or regulations relating to the development of San Miguel Ranch. Section 11. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995 after the effective date of this ordinance. Section 12. Expiration of This Ordinance This ordinance shall be of no further force and effect when the City Council determines that the accounts are no longer needed for the purposes stated herein. Section 13. Effective Date This ordinance shall become effective sixty (60) days after its second reading and adoption. Presented by Approved as to form by Jó}m-i!! ~ Robert A. Leiter Director of Planning & Building City Attorney Exhibit 1: Area Subject to Fiscal Deficit Fee Exhibit 2: Excerpt from PFFPIFIA Identifying the San Miguel Ranch Project's Fiscal Deficit Exhibit 3: Table of Potential Funding Alternatives for Fiscal Operating Deficit H:\shared\planning\ smr-flscalordinance.doc) I' ; f .---.-------------.--..------ .4 T7A c.H M EN T L ORDINANCE NO. 2841-B URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE SAN MIGUEL RANCH FISCAL DEFICIT FEE AS A BUILDING PERMIT BASED FEE TO PROVIDE PERMANENT FUNDING FOR THE PREPARATION OF 15 ANNUAL FISCAL REVIEWS FOR THE SAN MIGUEL RANCH PROJECT, AND FOR THE PAYMENT OF ANY FISCAL DEFICITS IDENTIFIED BY THOSE ANNUAL REVIEWS, AS REQUIRED BY ORDINANCE 2829 WHICH ESTABLISHED THE SAN MIGUEL RANCH FISCAL DEFICIT ACCOUNT WHEREAS, the San Miguel Ranch Sectional Planning Area (SPA) Plan and Public Facilities Financing Plan/Fiscal Impact Analysis (PFFPIFIA) were approved by the City Council on October 19,1999, by Resolution No. 19631; and WHEREAS, the PFFPIFIA identified that the San Miguel Ranch Project would operate at an annual net fiscal deficit to the City; and WHEREAS, Condition No. 22 of Resolution No. 19631 required the project applicant to establish a mechanism to mitigate that deficit to the City's satisfaction prior to annexation ofthe project site; and WHEREAS, on February 29, 2000, the City Council approved a Master Tentative Subdivision Map for the San Miguel Ranch project by Resolution No. 2000-068; and WHEREAS, Condition No's. 95a & 95b of Resolution No. 2000-068 further specified the Applicant's responsibility to establish an account to finance the preparation of annual fiscal reviews and deficit analyses for the project, and to establish a permanent mechanism, prior to approval of the first Final Map within the project, to pay the City for the ongoing preparation of the annual reviews, and for any fiscal deficits identified by the annual reviews; and WHEREAS, on April 3, 2000, the San Diego Local Agency Formation Commission (LAFCO) adopted a Resolution (Ref. No. R099-42) approving San Miguel Ranch Reorganization subject to conditions, one of which reads "Pursuant to conditions regarding a forecasted annual fiscal deficit, contained in the SPA and Tentative Map, the property owner will establish and fund a mitigating mechanism to the City's satisfaction"; and WHEREAS, on December 19, 2000, in conjunction with actions on annexation ofthe San Miguel Ranch project area, the City Council approved Ordinance 2829, establishing the San Miguel Ranch Fiscal Deficit Account; and WHEREAS, pursuant to Sections 3 and 5 of Ordinance 2829, the Applicant (NNP- Trimark San Miguel, LLC) ( "Applicant" ) shall, prior to approval of the first Final Map within the project, establish and fund a permanent mechanism to satisfY the Applicant's responsibility for funding preparation of the 15 annual reviews, and for payment of the project's fiscal deficits identified by those reviews; and /5 - m . ._----~_.._--- ---.. ------.-.- Ordinance 2841-B Page 2 WHEREAS, Exhibit 2, attached hereto, is an excerpt fiom the approved San Miguel Ranch PFFPIFIA and generally describes the forecasted annual fiscal deficit; and WHEREAS, Exhibit 3, attached hereto, identifies the proposed San Miguel Ranch Fiscal Deficit Fee which will establish a permanent funding mechanism and ensure payment of said fee to the City prior to issuance of building permits, to mitigate any fiscal deficits resulting fiom the project; and WHEREAS, the City Council has determined, based upon information presented to it in conjunction with prior action on the Project's SPA, PFFPIFIA, Tentative Subdivision Map and Annexation, that imposition of the San Miguel Ranch Fiscal Deficit Fee on all developments within the San Miguel Ranch SPA Plan area for which building permits have not yet been issued is necessary in order to protect the public safety and welfare, to ensure the effective implementation of the San Miguel Ranch SPA Plan, and is reasonably related to the development ofthe San Miguel Ranch Project; and WHEREAS, the Project's PFFPIFIA indicates that the City's operating deficits result fiom residential development, not commercial, so the proposed fees are proposed to be tied to residential dwelling units, both single and multiple family; and WHEREAS, the Environmental Review Coordinator has determined that the action is not a project as defined by the California Environmental Quality Act (CEQA), and therefore is not subject to environmental review. No further action is necessary; and WHEREAS, the first reading of Ordinance No. 2841 by the City Council occurred on August 7, 2001, and the second reading of Ordinance No. 2841 by the City Council occurred on August 14,2001; and WHEREAS, Urgency Ordinance No, 2841-A, was adopted on August 7, 2001, and shall be of no further force and effect thirty (30) days after its adoption; and WHEREAS, said interim measures are effective for thirty (30) days and may be extended twice for an additional thirty (30) day period upon subsequent action by the City Council; and WHEREAS, state law requires said urgency ordinance to be adopted by a four-fifths vote. NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows: SECTION 1. Territory to Which Fee is Applicable. The area to which the San Miguel Ranch Fiscal Deficit Fee herein established shall be applicable is the same as the San Miguel Ranch SPA Plan, and defined by the San Miguel Ranch Reorganization (City Council Resolution 2000-482) and reflected on Exhibit 1 attached hereto ("Affected Territory"). --.,.--.----.. -'--- --'-----'-- Ordinance 2841-B Page 3 SECTION 2. Purpose. By Ordinance 2829, the City Council established the San Miguel Ranch Fiscal Deficit Account. Pursuant to Sections 3 and 5 of Ordinance 2829, the purpose of this ordinance is to establish the permanent funding mechanism to pay the City for conducting 15 annual fiscal reviews and analyses, and for any fiscal deficits resulting fiom the San Miguel Ranch project. SECTION 3. Finding of Urgency. That the City Council of the City of Chula Vista finds that it is necessary that this ordinance go into effect immediately to enable the collection of the San Miguel Ranch Fiscal Deficit Fee at the time of the issuance of the building permits for each dwelling unit, so that the San Miguel Ranch property pays its fair share of the cost of delivering City improvements and services during the development of the project, and thereby mitigate any fiscal impact to the City. Immediate implementation of this fee is necessary due to current and immediate threat to public safety, which will result, should there be a shortfall in the amount of money necessary to provide City improvements and services. The City Council finds that the prospect of a financial shortfall and concern about increasing charges to existing City property owners constitutes a current, immediate threat to the public health, safety and welfare justifying the immediate imposition of this fee. SECTION 4. Establishment of Building Permit Fee. A San Miguel Ranch Fiscal Deficit Fee ("Fee") to be expressed on a per-residential- dwelling-unit basis, shall be paid prior to the issuance of a building permit for any residential project with the Affected Territory. SECTION 5. Determination of Dwelling Units. Each single family attached and detached dwelling unit shall be considered one dwelling unit for purposes ofthis Fee. Each multi-family attached and detached dwelling unit shall also be considered a dwelling unit for the purposes of this Fee. Commercial and other non-residential uses shall not be charged this Fee. SECTION 6. Time to Determine Amount Due; Advance Payment Prohibited. The Fee for each residential dwelling unit shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. The Fee shall be adjusted fiom time to time as the City determines appropriate. SECTION 7. Amount of Fee. The Fee shall be calculated at the following rates: $896.00 for each dwelling unit issued a building permit during calendar year 2001; and _. - -0-.."- --__'__0'____.-..--..'..-. ..__._-_._. Ordinance 2841-B Page 4 $922.00 for each dwelling unit issued a building permit during calendar year 2002; and $950.00 for each dwelling unit issued a building permit during calendar year 2003; and $979.00 for each dwelling unit issued a building permit during calendar year 2004; and $1,008.00 for each dwelling unit issued a building permit during calendar year 2005. The calculation of the initial Fee for the San Miguel Ranch Fiscal Deficit Fee is shown in Exhibit 3. Should issuance of building permits for residential dwelling units continue beyond calendar year 2005, the fee shall be increased an additional 3% (percent) for each subsequent calendar year, and the increased fee shall be applied to all residential units issued building permits in that calendar year. The City Council intends to review the amount of this Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this Fee as necessary to assure compliance with the purposes of this Fee as set forth herein, and the San Miguel Ranch SPA Plan and PFFPIFIA. SECTION 8. Authority for Accounting and Expenditures. The proceeds collected from the imposition of this Fee and any interest earned thereon shall be deposited into the San Miguel Ranch Fiscal Deficit Account established by Ordinance 2829, and such proceeds shall be expended only for the purposes and under the authorities set forth in that Ordinance 2829. SECTION 9. Revision and Refund of Fees. At such time as the City Council determines that this Fee is no longer required to be collected for the purposes set forth herein, the Fee shall be suspended. If the Fee is suspended as provided above, the Finance Director shall provide a report to the City Council summarizing the revenues and expenditures to date resulting fiom the Fee. If there are surplus funds available, the City Manager shall provide a recommendation to the City Council on the most fair and equitable disposition of any excess Fees that may have been collected. In the absence of an alternative determination of fairness by the City Council, a refund, which divides the remaining unused balance by the residential units for each developer or applicant who has paid the Fee, shall be deemed a fair method. SECTION 10. Findings. The City Council of the City ofChula Vista does hereby find that the establishment of the Fee is necessary to protect the public safety and welfare, to ensure the effective implementation of the San Miguel Ranch SPA Plan, and is reasonably related to the development of the San Miguel Ranch Project, for the following reasons: .... . ..-...... ....------ Ordinance 2841-B Page 5 A. The San Miguel Ranch Tentative Map Resolution, Condition of Approval #95 requires that a Fiscal Deficit program be established to correct any annual operating deficiencies incurred by the City as a result of the development of the San Miguel Ranch Project. This program will finance the cost of 15 annual reviews and analyses of the fiscal impact of the Project upon the City, and payment of any fiscal deficits identified by those annual reviews. B. The San Miguel Ranch PFFPIFIA produces a representation of the project's fiscal impacts upon the City for any given year to the buildout of the project. e. It is projected that the City's operating deficits will result fiom residential development, not commercial or industrial, so the proposed fees are to be tied to residential units, both single family and multi-family. D. The amount of the Fee levied by this ordinance to fund the annual fiscal deficit analyses does not exceed the estimated cost of providing this service. E. The collection of the Fee established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the purposes described in the San Miguel Ranch PFFPIFIA and in Ordinance 2829. SECTION 11. Fee Additional to Other Fees and Charges. The Fee established by this ordinance is in addition to the requirements imposed by other City laws, policies or regulations relating to the development of San Miguel Ranch. SECTION 12. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995 after the effective date of this ordinance. SECTION 13. Expiration of This Ordinance This ordinance shall be of no further force and effect 30 days after its adoption. SECTION 14. Effective Date This ordinance shall become effective immediately upon four-fifths vote. Presented by Approved as to form by Robert A. Leiter John Kaheny Planning & Building Director City Attorney .......-.....---...... .-..-.-.-----.-- Ordinance 2841-B Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of August, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton, Mayor ATTEST: Susan Bigelow, City Clerk 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 Ordinance No. 2841-B was passed as an urgency measure on the 28th day of August, 2001. Executed this 28th day of August, 2001. Susan Bigelow, City Clerk ..~-~.~-~-_._~~~ ._---~._~._- ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHING THE SAN MIGUEL RANCH FISCAL DEFICIT FEE AS A BUILDING PERMIT BASED FEE TO PROVIDE PERMANENT FUNDING FOR THE PREPARATION OF 15 ANNUAL FISCAL REVIEWS FOR THE SAN MIGUEL RANCH PROJECT, AND FOR THE PAYMENT OF ANY FISCAL DEFICITS IDENTIFIED BY THOSE ANNUAL REVIEWS, AS REQUIRED BY ORDINANCE 2829 WHICH ESTABLISHED THE SAN MIGUEL RANCH FISCAL DEFICIT ACCOUNT WHEREAS, the San Miguel Ranch Sectional Planning Area (SPA) Plan and Public Facilities Financing PlanlFiscal Impact Analysis (PFFPIFIA) were approved by the City Council on October 19,1999, by Resolution No. 19631; and WHEREAS, the PFFPIFIA identified that the San Miguel Ranch Project would operate at an annual net fiscal deficit to the City; and WHEREAS, condition no. 22 of Resolution 19631 required the project applicant to establish a mechanism to mitigate that deficit to the City's satisfaction prior to annexation of the project site; and WHEREAS, on February 29, 2000, the City Council approved a Master Tentative Subdivision Map for the San Miguel Ranch project by Resolution No. 2000-068; and WHEREAS, condition nos. 95a. & b. of Resolution No. 2000-068 further specified the Applicant's responsibility to establish an account to finance the preparation of annual fiscal reviews and deficit analyses for the project, and to establish a permanent mechanism, prior to approval of the first Final Map within the project, to pay the City for the ongoing preparation ofthe annual reviews, and for any fiscal deficits identified by the annual reviews; and WHEREAS, on April 3, 2000, the San Diego Local Agency Formation Commission (LAFCO) adopted a Resolution (Ref. No. R099-42) approving San Miguel Ranch Reorganization subject to conditions, one of which reads "Pursuant to conditions regarding a forecasted annual fiscal deficit, contained in the SPA and Tentative Map, the property owner will establish and fund a mitigating mechanism to the City's satisfaction"; and WHEREAS, on December 19, 2000, in conjunction with actions on annexation of the San Miguel Ranch project area, the City Council approved Ordinance 2829, establishing the San Miguel Ranch Fiscal Deficit Account; and WHEREAS, pursuant to Sections 3 and 5 of Ordinance 2829, the Applicant (NNP.Trimark San Miguel, LLC) ("Applicant") shall, prior to approval of the first Final Map within the project, establish and fund a permanent mechanism to satisfy the Applicant's responsibility for funding preparation of the 15 annual reviews, and for payment of the project's fiscal deficits identified by those reviews; and 7 -.----------.-- ----. - ---- ------------- ORDINANCE NO. PAGE 2 WHEREAS, Exhibit 2 attached hereto is an excerpt fiom the approved San Miguel Ranch PFFPIFIA and generally describes the forecasted annual fiscal deficit; and WHEREAS, Exhibit 3 attached hereto identifies the proposed San Miguel Ranch Fiscal Deficit Fee which will establish a permanent funding mechanism and ensure payment of said fee to the City prior to issuance of building permits, to mitigate any fiscal deficits resulting fiom the project; and WHEREAS, the City Council has determined, based upon information presented to it in conjunction with prior action on the Project's SPA, PFFPIFIA, Tentative Subdivision Map and Annexation, that imposition of the San Miguel Ranch Fiscal Deficit Fee on all developments within the San Miguel Ranch SPA Plan area for which building permits have not yet been issued is necessary in order to protect the public safety and welfare, to ensure the effective implementation of the San Miguel Ranch SPA Plan, and is reasonably related to the development of the San Miguel Ranch Project; and WHEREAS, the Project's PFFPIFIA indicates that the City's operating deficits result fTom residential development, not commercial, so the proposed fees are proposed to be tied to residential dwelling units, both single and multiple family; and WHEREAS, the Environmental Review Coordinator has determined that the action is not a project as defined by the California Environmental Quality Act (CEQA), and therefore is not subject to environmental review. No further action is necessary; and WHEREAS, the first reading of Ordinance 2841 by the City Council occurred on August 7, 2001, and the second reading of Ordinance 2841 by the City Council occurred on August 14,2001; and 'WHEREAS, Urgency Ordinance 2841-A was adopted on August 7, 2001, and shall be of no further force and effect thirty (30) days after its adoption; and WHEREAS, Urgency Ordinance 2841-B was adopted on August 28, 2001, and shall be of no further force and effect thirty (30) days after its adoption; and WHEREAS, said interim measures are effective for thirty (30) days and may be extended twice for an additional thirty (30) day period upon subsequent action by the City Council; and WHEREAS, state law requires said urgency ordinance to be adopted by a four- fifths vote. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section L Territory to Which Fee is Applicable. --- , -----.,-- ORDINANCE NO. PAGE 3 The area to which the San Miguel Ranch Fiscal Deficit Fee herein established shall be applicable is the same as theSan Miguel Ranch SPA Plan, and defined by the San Miguel Ranch Reorganization (City Council Resolution 2000-482) and reflected on Exhibit I attached hereto ("Affected Territory"). Section 2. Purpose. By Ordinance 2829, the City Council established the San Miguel Ranch Fiscal Deficit Account. Pursuant to Sections 3 and 5 of Ordinance 2829, the purpose of this ordinance is to establish the permanent funding mechanism to pay the City for conducting 15 annual fiscal reviews and analyses, and for any fiscal deficits resulting fiom the San Miguel Ranch project Section 3. Finding of Urgency That the City Council ofthe City ofChula Vista finds that it is necessary that this ordinance go into effect immediately to enable the collection of the San Miguel Ranch Fiscal Deficit Fee at the time of the issuance ofthe building permits for each dwelling unit, so that the San Miguel Ranch property pays its fair share of the cost of delivering City improvements and services during the development of the project, and thereby mitigate any fiscal impact to the City. Immediate implementation of this fee is necessary due to current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to provide City improvements and services. The City Council finds that the prospect of a financial shortfall and concern about increasing charges to existing City property owners constitutes a current, immediate threat to the public health, safety and welfare justifYing the immediate imposition cfthis fee. Section 4. Establishment of Building Permit Fee A San Miguel Ranch Fiscal Deficit Fee ("Fee") to be expressed on a per- .residential-dwelling-unit basis, shall be paid prior to the issuance of a building permit for any residential project with the Affected Territory. Section 5. Determination of Dwelling Units Each single family attached and detached dwelling unit shall be considered one dwelling unit for purposes of this Fee. Each multi-family attached and detached dwelling unit shall also be considered a dwelling unit for the purposes of this Fee. Commercial and other non-residential uses shall not be charged this Fee. Section 6. Time to Determine Amount Due; Advance Payment Prohibited. The Fee for each residential dwelling unit shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. The Fee shall be adjusted from time to time as the City determines appropriate. /S-/7 ORDINANCE NO. PAGE 4 Section 7. Amount of Fee. The Fee shall be calculated at the following rates: $896.00 for each dwelling unit issued a building permit during calendar year 2001; and $922.00 for each dwelling unit issued a building permit during calendar year 2002; and $950.00 for each dwelling unit issued a building permit during calendar year 2003; and $979.00 for each dwelling unit issued a building permit during calendar year 2004; and $],008.00 for each dwelling unit issued a building permit during calendar year 2005. The calculation of the initial Fee for the San Miguel Ranch Fiscal Deficit Fee is shown in Exhibit 3. Should issuance of building permits for residential dwelling units continue beyond calendar year 2005, the fee shall be increased an additional 3% (percent) for each subsequent calendar year, and the increased fee shall be applied to all residential units issued building permits in that calendar year. The City Council intends to review the amount ofthis Fee annually or fiom time to time. The City Council may, at such reviews, adjust the amount of this Fee as necessary to assure compliance with the purposes of this Fee as set forth herein, and the San Migue] Ranch SPA Plan and PFFP /PIA. Section 8. Authority for Accounting and Expenditures. The proceeds collected fiom the imposition of this Fee and any interest earned thereon shall be deposited into the San Miguel Ranch Fiscal Deficit Account established by Ordinance 2829, and such proceeds shall be expended only for the purposes and under the authorities set forth in that Ordinance 2829. Section 9. Revision and Refund of Fees. At such time as the City Council determines that this Fee is no longer required to be collected for the purposes set forth herein, the Fee shall be suspended. If the Fee is suspended as provided above, the Finance Director shall provide a report to the City Council summarizing the revenues and expenditures to date resulting fiom the Fee. If there are surplus funds available, the City Manager shall provide a recommendation to the City Council on the most fair and equitable disposition of any excess Fees that may have been collected. In the absence of an alternative detçrmination of fairness by the City Council, a refund which divides the remaining unused balance by the residential units for each developer or applicant who has paid the Fee shall be deemed a fair method. ----..-----.-----.. ---- ORDINANCE NO. PAGE 5 Section 10. Findings. The City Council of the City of Chula Vista does hereby find that the establishment of the Fee is necessary to protect the public safety and welfare, to ensure the effective implementation of the San Miguel Ranch SPA Plan, and is reasonably related to the development of the San Miguel Ranch Project, for the following reasons: A The San Miguel Ranch Tentative Map Resolution, Condition of Approval #95 requires that a Fiscal Deficit program be established to correct any annual operating deficiencies incurred by the City as a result of the development of the San Miguel Ranch Project. This program will finance the cost of 15 annual reviews and analyses of the fiscal impact of the Project upon the City, and payment of any fiscal deficits identified by those annual reviews. B. The San Miguel Ranch PFFPIFIA produces a representation of the project's fiscal impacts upon the City for any given year to the buildout of the project. e. It is projected that the City's operating deficits will result fiom residential development, not commercial or industrial, so the proposed fees are ;0 be tied to residential units, both single family and multi-family. D. The amount of the Fee levied by this ordinance to fund the annual fiscal deficit analyses does not exceed the estimated cost of providing this service. E The collection of the Fee established by this ordinance at the time ofthe building permit is necessary to ensure that funds will be available for the purposes described in the San Miguel Ranch PFFPIFIA and in Ordinance 2829. Section 1 L Fee Additional to Other Fees and Charges. The Fee established by this ordinance IS III addition to the requirements imposed by other City laws, policies or regulations relating to the development of San Miguel Ranch. Section 12. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995 after the effective date of this ordinance. Section 13. Expiration of This Ordinance This ordinance shall be of no further force and effect 30 days after its adoption. Section 14. Effective Date, This ordinance shall become effective immediately upon four-fifths vote. /$- ..< / - ...-.-. ._--------" . .-.-----..-.-. ORDINANCE NO. PAGE 6 Presented by Approved as to form by Robert A. Leiter John Kaheny Director of Planning & Building City Attorney Exhibit 1: Area Subject to Fiscal Deficit Fee Exhibit 2: Excerpt from PFFPIFIA Identifying the San Miguel Ranch Project's Fiscal Deficit Exhibit 3: Table of Potential Funding Alternatives for Fiscal Operating Deficit (H,lsharedlplanningl smr-fiscalordinance.urg.doc) , /S)~ ---.....-------. .-.-- "-------..__..._-- / / ./ / / _/ / I \ Area Subject to Annual Fiscal Deficit Fee \ I COUIilY 01' &AN DIEGO II CITYOFCtI1/U.~STÀ , I ..r CHULA VISTA PLANNING AND BUILDING DEPARTMENT Lë)R PROJECT PROJECT OESCRIPTION, APPUCANT, TRI MARK PACIFIC-SAN MIGUEL LLC. San Miguel Ranch PROJECT Unincorporated County area adjacent Fiscal Impact Review Ordinance ADDRESS, tD the northerly bDum/ary Df Chula Vista. An ordinance establish a Fiscal Impact Review Process SCALE, I FILE NUMBER: and Fund for the San Miguel Ranch Planned Community. NORTH No Scale SM-OO1 F EXHIBIT 1 _.. ._.~..._---_... _.._-_.._~_._---_.~. Fi5C2\ .-".nalysis - h2.nòks ;.i-¡~'r;-¡2.inlen2.nc~ of C;lY puks 2.nò p¡-o\"id~d p2.rk maimenanc~ CDS,S ofS8.~9Q P~¡ public pa¡-k acre. C]C 2lloc2!ed !h~ park cost on 2 p~r 2cr~ (~-+O acres ci,ywiò~ 2nd 12.~5 requird acres for San Migu~J R2.!1ch) and recre2.tion COSts on a per housing unit b2sis. Annu2.! park rnaintenanc~ costs 2llocated !o San Miguel Ranch are estimated al 5] 0-+.568 at build-out ($8_399 . 12.45). Vista Molher Miguel does not incJude any p2rk uses. - Hown~r, park costs of$8.399 X.4 acres were applied because oflhe city's requiremem for 3 acres of park per] .000 population. Therefore, annual park maimenance engine~ring COSIS for Visla MOlher Miguel are $3,400. ExcJuding Ihe Women's Club. \.\'hich is 2.ssumd 10 be se]f-supponing, COSIS for recreation services lolal S46 per housing unit. Using Ihis mu1tiplier, resuhs in costs of $64,600 fonhe San Miguel Ranch (refeno Table A-18) and $2,000 for Vista Mother Migue] (refer 10 Tab]e B-] 8), The folJowing table details Ù1e cost allocalion for Parks and Recreation. 98/99 Budaet Cost Allocation Unit/Acre P2:-kS $3,127,684 $8,399 per park acre ,. " . D 1 3 ï4.260 .--.a¡¡-¡¡mSlralIon-. ar,;,s Adwinisnalion-Open Space 33.<1.552 Proviò~d by lighting &: limòsc2p~ èisiric: M2im~nanc~ 2A18.870 General 2. ] 47A45 "'¡arina Park 2ï],425 Not 2.pplic::!.ble R~Cr~2.ëjon 52,502,606 $46 p~¡- housing unit AL1J~rics 260,ï20 55 per housing unit A,qwnics 5]6.]ï2 $ 10 per housing unit S~nior Citiz:::ns 288,839 $5 per housing unit G:::n:::¡-a1 1,062.6]5 520 per housing unit Adminislratl on- R:::creation 3ì4.260 S7 per housing unit ~et Fiscal Impact UtiliziIlg the previously mentioned methodo10gi:::s, estimated nel fiscal impacts ar~ pres:::med in Tab]es 61 and 62. As previously mention:::ct, all valu:::s ar::: in ] 998 dolla.rs. No annual adjustments to r~venues or COSts were utilized. The estimaled annu::!.! flows of coS-cS and revenues ar~ primarily related 10 the estimated project absorp¡joTI. .' Table 61 presents the results of the fiscal impact associated with the San Miguel Ranch. Fiscal r::v::nu::s range ITem £2]9,500 in the first year of development (200]) 10 $1,13 ì ,300 2.t build-out (2006). Fiscal expenditures range from $2] 9,1'00 in year One to S 1,262,400 at build-out. rile net fiscal impact from developing t.1¡~ San Miguel Ranch is a positive $400 in year one and becomes a negative $125,100 at project build-out. It shou1d b~ noted that dlli-ing some years the net fiscal impact will be more or !~ss due to ini'reqœmly needeò S!r~~! repairs. . 0 ! !B- 7 San Migue! Ranch ~YH' '" IT ? ?;¡biic raciiiÛes Fin"'"-ce ?!a.~ .! )~t ~ ~ - .----- --.-.-------------- -= S2..~ \í';"~! R:'.ClÒ ccr:s:s:s vi;;. Typic,,-I r..i"ed 12,nd-~s~ plan iClcludin~ sin~i~ :;;.::-.:'. noC:'~5. T71ul:i-î;;..-;:ily hoT71es. ne'~hDofi-looè si-lopping C~lllef. p;;rks anà schooL The homes f;;"'1~~ îro..l S] 40.000 Íor a mullÌ-Î2-'7Ü]y- uni! to S400.000 for 2 single family home on a large 101, Tbe medi;m housing price 2-'1d associa!ed eslÏma!ed household income for S"", Migue! R2..'1ch are signiñc2..'1iJy higher m<-n the over;;.1l ciTY. The San Miguel Ranch is expec!ed to ge:1eraIe highef ,,'-¡an average per unit property a"d sales l2Xes, Other revenues are expec¡e:! to be 2! or abo\-~ ciTy averages. In !erms of expendirures. mis projec! is no! expected tD incur any unusual af higher 1.han â"efage COSlS for ciTy services, The p:i:::2.rj factor respDTISib1e ÍOf ti-lis project" s neg;;.tive í!scal impact is pf:më.rily due lO ¡he ¡-elaive]y small city shê.Te DÍ property taxes unàer the existing ë.ëmeXaÙan agreemem with the CD un!}'. Because me project is cuITent]y located in the (Dum)' of San DiegD ""d proposed lO be <mnexed into the Ci;y Df Chula Visla, the city's share Df prope,",,' t;;.x is detemined by the CiTy/County Më.Sler T;;.x Agreement. which limilS the city's sh2Te tD 8.6 pe,cem. For properties lac;;.te:1 within the CiT}' DÍ Chul;;. Vista. !he avefage ciTy shê.Te DÍ pmpe"y tax is mughly I 4.Î pe,cent. lÍ San Miguel Ranch Utilized ;;. 1 .e!,Î pe¡-cent shê.Te. Òe fisc,,-] impact wauld be pasiÙve far ë.11 years prese::l~d in Table 6 L T:¡e lasl ye2T prese::!le:! based an a 14.7 perce::!¡ share would be positive 598.100, Table 62 presents the fesuhs af lhe fiscal irnpaci a:SDcialeQ veith Vist;;. MaÒec MigueL F;sc3.1 ,"',:e:1:.¡es are 532, ¡DO if¡ yeë.:- 2001 <md re:::3..CIl Òe S2.we ÙfOughDut lhe presemeå development schedule, due tD fD¡-ec2Sted one-year absarplion schedule. Fiscal expe;:¡èj'clI"es are $34, ÎOO i!l1002 and incre"-se to S35,000 a build-out. The i;:¡cre:?se in expenses is related ta ü'-¡e inÎrequent street repair costs. The net fiscal impact ffOm developi::!g Vista MDÒer ,Miguel is a !leg:?!ive $2,000 far all p¡-eserlled year: excep¡ ¡he year 2006 ($2,300), ,,'hie[¡ i!lcludes SITeet maimeD2.nce COStS. Similar to. S2.::t MigueJ Ranch. Òe rnedi2-'1 housiT!g price and associated esr.irnated household incawe far Vista MaÒer Miguel are sig:Üfic"-!lIly higher man the Dverall city. Vista Mather Miguel is expecTed to generale higher thaT! average per uT!it propeny a!ld sales t2.Xes. Oüler revenues are expecte:! ta be at ar above city averages. In te=s of expendimres. this prajeci is not expected to incur "-!lY un1lSuaI or higher ,,'-¡an average costS for ci¡-y services. Tnis p,oject is also proposed to. be ë.:mexed into the ciiy, which limitS the ci::y's shaIe of prope:c:: t2..;; to 8.6 perce::!!. For boÒ the S<m Miguel K""ch project a,¡ld the ViSt.3.Mother Mig;ue] subdivisiDI'... me Ci¡v a.cìd ul: d:v:lop:r will n::gotiate and ::stablish a f::e progI'a.i."Il to ~ffset me p;ajected fisc;] deficitS ül.rough a candirion af approval oftbe SPA and/or temalive subdivision wap. , : !:: -- /.s:~5 " ". - .\ "-on -, 'n , ---.-..- - ,--_.. ,--- ----------. ,--- ----- fi5ca\ Analysis Table 61 :\ET FISCAL IMP ACT OF THE SA~ "llGCEL R!"'?\CH O!'l THE CITY OF CHULA \'1STA Re\'enue Sources Revenues (In Thousands) 2001 2002 2003 2004 2005 2006- S~cur~d Prope~' T...\: 560,4 5131.4 5196.5 5262.3 5314.7 531.U Uns~cure:d Prop~~' Tax SO.O 50.0 50.0 50.0 53.3 53.3 Property Transfer Tax S5.5 512.0 517.9 524.0 527.9 5:<7.9 Sales & Use: Tax 5S7.0 51SS.5 5265.6 5352.9 5451.1 S45Ll Franchise: Tax 54.7 510.2 514.4 519.1 530.8 530.8 TOT Tax 50.7 51.5 52.1 52.7 54-a 54.0 Urili!y Tax 56,4 513.S 519.5 525.9 54 1.7 54L7 Business License 50.0 50.0 50.0 50.0 $6.3 56.3 Misœ]!aneous Revenues 554.S illli. 5167,4 ~ 5257.6 llil£.. TOTAL RE\'El\uES S219.5 5476.1 56833 S909.3 51,137.3 51,137.3 Expendirure Sources Expenditures (In Thousands) 2001 2002 2003 2004 2005 2006 Government Aò",iü. 539.8 594.1 5137.2 5185.0 5225.6 5229.3 PI2.nning 53.S 5S.3 511.7 515.6 519.1 519.1 Poke 5S8.9 5192.6 5271.5 5360.7 5467.4 5467.2 Fir~ 536.2 57S,4 5110.5 5146.9 5180.1 5180.1 Library 522.2 54S.0 567.7 589.9 5103.0 5103.0 Public Works 514.2 S33.5 548.7 565.7 5ï7.6 594.5 Park and Rec!~Üon 513.9 562.9 5108.0 5154.7 5169.2 5169.2 TOTAL EXPE?\DITURES 5219.1 5518.0 5755.4 Sl,018,4 51,241.7 51,262,4 200] 2002 2003 2004 2005 2006 TOTAL REVëNUES S2]95 S476.] S683.3 $909.3 51,1373 51,137.3 TOTAL EXPENDITURES 5219.1 S518.0 S755,4 ~ 51.141.7 '51.2624 1\'ET FISCAL ThfPACT 50.4 (541,9) (572.0) ($109.1) ($104.3) (5125.1) ,. , . ¡j £3 _L] ~ San Miguel R:J.ncn Public Facilities ,=:r.=nc, Plan 4;~ ~2~ ., ---. .------------------ - Table 62 :'\ET FISCAL L\1PACT OF YISTA !\10THER !\llGCEL 0:'< THE CITY OF CHlJLA \1STA Re\.enue Sources Revenues (In Thousands) 2001 2002 2003 2004 2005 2006 Se:ured Prope")' T a:\ 50.0 59.8 59.8 59.8 59.8 59.8' Unsecured Prope,,:, Tax 50.0 50.0 SO.O 50.0 50.0 50.0 Property Transíer Tax 50.0 50.9 50.9 50.9 50.9 50.9 Sales & Use Tax 50.0 512.5 512.5 512.5 512.5 512.5 Franchise Tax SO.O 50.7 50_7 50.7 SO.7 50.7 TOT Tax SO.O 50.1 SO.1 SO.1 50.1 50.1 U,ili",. Tax SO.O 50.9 SO.9 50.9 50.9 50.9 Business License 50.0 50_0 50.0 50.0 50.0 50.0 Miscellaneous Revenues 50.0 57.9 57.9 57.9 57.9 ill TOTAL REY£!\LJES SO.O 532.7 532.7 S32.7 532.7 532.7 E':penditure Socrces Expenditures (In Thousands) 200] 2002 2003 2004 2005 2006 Go\e.-nmem Aò;uin. 50.0 56.3 56.3 S6.3 56.3 56.4 PlaDning 50.0 50.6 50.6 50.6 50.6 50.6 Police SO.O 512.7 5]2_7 S12.7 512_7 512.7 Fiee 50.0 55.2 55.2 55.2 55.2 55.2 Lib~-:-. 50.0 53.2 53.2 53.2 53.2 53.2 Public Works SO.O 51.4 51.4 51.4 51.4 51.7 Park and RecreaIion 50.0 55.4 55.4 55.4 55.'! 55.4 TOTAL EXPE!\1)ITURES 50.0 53.4.1 534.7 534.7 S34.7 535.0 200] 2002 2003 2004 2005 2006 TOTAL REVE]\,L'ES 50.0 532.7 532.7 532.7 532.7 532.7 TOTAL EXPENDITURES 50.0 534.7 53.1.7 534.7 53.1.7 535.0 !'iIT FISCAL Thll'ACT 50.0 (52.0) (52.0) (S2.0) (S2.0) (52.3) .' , ) ,g-:~' ,(~~7 S:J.n Migue! R:J.nch --- "..-.-...---.--.-..-. .... .....--.- .- 01/0,/00 7;,~ !3:S9 F',\ 6]9 GJ, '°'0 C j C "~S~.'.RCii £( RECEWED \ -- l J!\N - 4 ,ill] \ IIII CIC RESEARCH, INC. PLANN\NG Economi= Resear..h . Marketing Reseõr..h . Environmental Research. SuNey /{esear..h Januêry 4, 2000 Mr. Ed Batchelder City of Chula Vista 3115 Fourth Avenue, Suite R Chu!a Vista GA 91910 Re: Sên Miguel Ranch Fiscal Deficit Funding Alternatives Dear ëd: The purpose of this letter is to present potential funding alternatives for the identified S2n Migue! Ranch nsc:al aperating defie;it. The fiscal analysis presents an estimated annual net fiscal impact over the proposed development period (2001 to 2005) and one year beyond, to 2cc::Junt for s::Jr7ie public works CJsts, which do not occur until after 5 years. The fiscal impact was slightly positive in the first year and negative in the 2nd through the 6'" year. At build-out, the estimat=d annual fiscal impact was a negative 5125,000 (current 1999 dollas). At the request of the City of Ghula Vista, GIG developed two funding alternatives for the forecasted iiscal impact defic:it. The induded t2ble presents the' net fiscal impac:t for the presented development period and a;] additional 25 years beyond buiid-out Although very unlikely, for the purpose of this analysis, CIG assumed the City of Chula Vista's public costs and revenues would adjust at the same rate over the subject period. From 2006 to 2030 the fiscal deiicit is assumed to remain at an annual 5125,000 (FY 99/00 dollars). GIG presented different time periods for whic:h the developer could be responsible for the fiscal deficit Also presented in the table is the estimated annual number of housing units built and sold. This absarption period was utilized in GI C's fiscal report. .- Tne table presents two funding alternatives for 5 different time periods. Although the identified fiscal deficit could continue indefinitely, it is very difficult to fórecast future revenues and expenditures. Tne presented time periods range from a six year (consistent with the fiscal analysis) period to a 30-year period. The two funding altematives include a one-time payment and a per-housing unit ree. The per-unit fee is to be paid at the same time as the building perrpit, based on the presented building schedule. Both methodologies utilize a discounted cash flow analysis (Net Present Value) or the annual deficit In both alternatives a net present value was calculated utilizing a 3 Percent >S-'i 52'" "=-'aC1 Sire"!. San Diego, California 52111.2112 -:-",,",0'0' 16t9} 53,~OOO. Fox: f619} 6]7-404n #:VH II< fT ~ / ç .::.(j O¡;O~/OO -:-,"õ 1.'00 ë;, 619 637 ~O~O C ¡ C P.ESE.'.RCii <:l I,^r. Ba¡:c",i::Jar ...-.. - January 4, 2000 1III Page 2 discount rate, which assumes that the difference between inflation and interest rat:s is 3%' per year. The one-time payment-funding alternative ranges from $397,000 (assumes the developer is responsible for a 6-year period) tD ;¡;2,170,000 (assumes the developer is responsible for a 3D-year period). These one-time payments represent the net present values (NPV) Df the presented cash flows utilizing the 3% discount rate. The per-unit fee is based on the above net present values divided by the number Df units proposed and increased three percent each year to adjust for inflation. This fee ranges from a low of $293 (2001 dollars for a 6-year period) to a high of $1,805 (2005 dollars for a 3D-year period) per housing unit, based on the presented absorption schedule. Based Dn discussions with City of Chula Vista's department heads, a period to include í D years beyond the build out represents an equitable time period for which the developer should be responsible for the fiscal deficit. This represents a 15-year period from 2001 to 2015. Utilizing the two presented funding alternatives results in a one time fee of $1.2 million or a per- building permit fee, which ranges from $896 in 2001 to $1,008 by 2005- ~ Since¡ely, 71J { 4 Mark Crooks Senior Market Analyst MCC:slf , ïhe 3% discount rat" was calcula~d using a 3% infiation rate and a 6% return on funds. /I B_i2 ~ GIG Res~arc.7, iIr-. 8361 v,""'" StroBl' San Diego. California 92'11-2112 7^,____-- o"^' --- oM- ~-' ----. -- "'- /5'-;2C:¡ .- .-.-.---.-....--- 01/0"/00 ,T~ 1"000 F.Ü 019 (;37 "0"0 C 1 c RES::.,~C" <:< Proposed San Miguel Development Potential Funding Alternatives for Fiscal Operating Deficit I Alternative Alternativ:ò Per Building Permit Fee On:ò.time 2001 2002 I 2003 2004 \ 2005 I Time Period Payment (2001 (2002 (2003 (2004 (2005 I for Estimates (FY99/00 'dollars) I dollars) dollars) dollars) dollars) dollars) I 6 Year $396.6231 $2931 $3021 $311 I $320 1 2001 to 200õ $330 1 10 Year I $785.9051 S581 I $5981 $635/ 2001 to 2010 $616 $654 I 15 Year I $1.212.0421 $9221 $9791 ¡ 2001 to 2015 $896 $950 $1,008 1 25 Year I $1.836.9931 $1.3981 $1,4831 ?001 to 20?5 $1.357 $1.440 $1.523 ! 30 Year I $?170.239 1 $1.6041 $1,652 I $1.701 I $1,752 I j ?001 to 2030 $1.805 1) Þ.ssumes 3% infl2tion and 6% interest (net discount rate of 3%) _2) Assumes the City of Chula ViSt2'S public costs 2nd revenues djust at the same rote over the subject period 3) Th:ò one.time payment fee is in FY 99/00 dollas, tn" per building permit f"e is presented in 2001 to 2005 dol12rs. Net Fisc2! (OOOs) Build.Out Number (FY99/00 Sch"dule of Years Y,,3r dollars) (units) 1 1 I 2001 $004 I 300 i 21 20021 ($41.9)1 350 , 31 2003 I ($72.0)1 266 ¡ I 41 20041 ($109.1) 301 I 51 2005 I ($104.3)1 177 I õl 2006' ($125.1)1 0 I 71 2007 I ($125.1) I 81 2008 I ($125.1) I 91 20091 ($125.1) I 1 10 I 20101 ($125.1) I 111 2011 ($125.1) I 12 I 2012 ($125.1) I 131 2013 ($125.1) i 14' 2014 ($125.1) 15 to 30i 2015 to 2030j ($125_1) per year I Source: CIC Rese3rch. Inc. December 1999 'C- /. ')-:.::Y¡ ------------.. ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHING THE SAN MIGUEL RANCH FISCAL DEFICIT FEE AS A BUILDING PERMIT BASED FEE TO PROVIDE PERMANENT FUNDING FOR THE PREPARATION OF 15 ANNUAL FISCAL REVIEWS FOR THE SAN MIGUEL RANCH PROJECT, AND FOR THE PAYMENT OF ANY FISCAL DEFICITS IDENTIFIED BY THOSE ANNUAL REVIEWS, AS REQUIRED BY ORDINANCE 2829 WHICH ESTABLISHED THE SAN MIGUEL RANCH FISCAL DEFICIT ACCOUNT WHEREAS, the San Miguel Ranch Sectional Planning Area (SPA) Plan and Public Facilities Financing PlanlFiscal Impact Analysis (PFFPIFIA) were approved by the City Council on October 19, 1999, by Resolution No. 19631; and WHEREAS, the PFFPIFIA identified that the San Miguel Ranch Project would operate at an annual net fiscal deficit to the City; and WHEREAS, condition no. 22 of Resolution 19631 required the project applicant to establish a mechanism to mitigate that deficit to the City's satisfaction prior to annexation of the project site; and WHEREAS, on February 29, 2000, the City Council approved a Master Tentative Subdivision Map for the San Miguel Ranch project by Resolution No. 2000-068; and WHEREAS, condition nos. 95a. & b. of Resolution No. 2000-068 further specified the Applicant's responsibility to establish an account to finance the preparation of annual fiscal reviews and deficit analyses for the project, and to establish a permanent mechanism, prior to approval of the first Final Map within the project, to pay the City for the ongoing preparation of the annual reviews, and for any fiscal deficits identified by the annual reviews; and WHEREAS, on April 3, 2000, the San Diego Local Agency Formation Commission (LAFCO) adopted a Resolution (Ref. No. R099-42) approving San Miguel Ranch Reorganization subject to conditions, one of which reads "Pursuant to conditions regarding a forecasted annual fiscal deficit, contained in the SPA and Tentative Map, the property owner will establish and fund a mitigating mechanism to the City's satisfaction"; and WHEREAS, on December 19,2000, in conjunction with actions on annexation of the San Miguel Ranch project area, the City Council approved Ordinance 2829, establishing the San Miguel Ranch Fiscal Deficit Account; and WHEREAS, pursuant to Sections 3 and 5 of Ordinance 2829, the Applicant (NNP-Trimark San Miguel, LLC) ("Applicant") shall, prior to approval of the first Final Map within the project, establish and fund a permanent mechanism to satisfy the Applicant's responsibility for funding preparation of the 15 annual reviews, and for payment of the project's fiscal deficits identified by those reviews; and - - ----------------.. ------- ORDINANCE NO. PAGE 2 WHEREAS, Exhibit 2 attached hereto is an excerpt fiom the approved San Miguel Ranch PFFPIFIA and generally describes the forecasted annual fiscal deficit; and WHEREAS, Exhibit 3 attached hereto identifies the proposed San Miguel Ranch Fiscal Deficit Fee which will establish a permanent funding mechanism and ensure payment of said fee to the City prior to issuance of building permits, to mitigate any fiscal deficits resulting ITom the project; and WHEREAS, the City Council has determined, based upon information presented to it in conjunction with prior action on the Project's SPA, PFFPIFIA, Tentative Subdivision Map and Annexation, that imposition of the San Miguel Ranch Fiscal Deficit Fee on all developments within the San Miguel Ranch SPA Plan area for which building permits have not yet been issued is necessary in order to protect the public safety and welfare, to ensure the effective implementation of the San Miguel Ranch SPA Plan, and is reasonably related to the development of the San Miguel Ranch Project; and WHEREAS, the Project's PFFPIFIA indicates that the City's operating deficits result from residential development, not commercial, so the proposed fees are proposed to be tied to residential dwelling units, both single and multiple family; and WHEREAS, the Environmental Review Coordinator has determined that the action is not a project as defined by the California Environmental Quality Act (CEQA), and therefore is not subject to environmental review. No further action is necessary; and WHEREAS, the first reading of Ordinance 2841 by the City Council occurred on August 7, 2001, and the second reading of Ordinance 2841 by the City Council occurred on August 14,2001; and WHEREAS, Urgency Ordinance 2841-A was adopted on August 7, 2001, and shall be of no further force and effect thirty (30) days after its adoption; and WHEREAS, Urgency Ordinance 2841-B was adopted on August 28, 2001, and shall be of no further force and effect thirty (30) days after its adoption; and WHEREAS, said interim measures are effective for thirty (30) days and may be extended twice for an additional thirty (30) day period upon subsequent action by the City Council; and WHEREAS, state law requires said urgency ordinance to be adopted by a four- fifths vote. NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows: Section L Territory to Which Fee is Applicable. ORDINANCE NO. PAGE 3 The area to which the San Miguel Ranch Fiscal Deficit Fee herein established shall be applicable is the same as the San Miguel Ranch SPA Plan, and defined by the San Miguel Ranch Reorganization (City Council Resolution 2000-482) and reflected on Exhibit I attached hereto ("Affected Territory"). Section 2. Purpose. By Ordinance 2829, the City Council established the San Miguel Ranch Fiscal Deficit Account. Pursuant to Sections 3 and 5 of Ordinance 2829, the purpose of this ordinance is to establish the permanent funding mechanism to pay the City for conducting 15 annual fiscal reviews and analyses, and for any fiscal deficits resulting fiom the San Miguel Ranch project. Section 3. Finding of Urgency That the City Council of the City ofChula Vista finds that it is necessary that this ordinance go into effect immediately to enable the collection of the San Miguel Ranch Fiscal Deficit Fee at the time of the issuance ofthe building permits for each dwelling unit, so that the San Miguel Ranch property pays its fair share ofthe cost of delivering City improvements and services during the development of the project, and thereby mitigate any fiscal impact to the City. Immediate implementation of this fee is necessary due to current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to provide City improvements and services. The City Council finds that the prospect of a financial shortfall and concern about increasing charges to existing City property owners constitutes a current, immediate threat to the public health, safety and welfare justifying the immediate imposition ofthis fee. Section 4. Establishment of Building Permit Fee A San Miguel Ranch Fiscal Deficit Fee ("Fee") to be expressed on a per- residential-dwelling-unit basis, shall be paid prior to the issuance of a building permit for any residential project with the Affected Territory. Section 5. Determination of Dwelling Units Each single family attached and detached dwelling unit shall be considered one dwelling unit for purposes ofthis Fee. Each multi-family attached and detached dwelling unit shall also be considered a dwelling unit for the purposes of this Fee. Commercial and other non-residential uses shall not be charged this Fee. Section 6. Time to Determine Amount Due; Advance Payment Prohibited. The Fee for each residential dwelling unit shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. The Fee shall be adjusted fiom time to time as the City determines appropriate. /s- . - --. ..- --.----.--.---- ORDINANCE NO. PAGE 4 Section 7. Amount of Fee. The Fee shall be calculated at the following rates: $896.00 for each dwelling unit issued a building permit during calendar year 2001; and $922.00 for each dwelling unit issued a building permit during calendar year 2002; and $950.00 for each dwelling unit issued a building permit during calendar year 2003; and $979.00 for each dwelling unit issued a building permit during calendar year 2004; and $1,008.00 for each dwelling unit issued a building permit during calendar year 2005. The calculation of the initial Fee for the San Miguel Ranch Fiscal Deficit Fee is shown in Exhibit 3. Should issuance of building permits for residential dwelling units continue beyond calendar year 2005, the fee shall be increased an additional 3% (percent) for each subsequent calendar year, and the increased fee shall be applied to all residential units issued building permits in that calendar year. The City Council intends to review the amount of this Fee annually or from time to time. The City Council may, at such reviews, adjust the amount ofthis Fee as necessary to assure compliance with the purposes of this Fee as set forth herein, and the San Miguel Ranch SPA Plan and PFFP/FIA. Section 8. Authority for Accounting and Expenditures. The proceeds collected fiom the imposition of this Fee and any interest earned thereon shall be deposited into the San Miguel Ranch Fiscal Deficit Account established by Ordinance 2829, and such proceeds shall be expended only for the purposes and under the authorities set forth in that Ordinance 2829. Section 9. Revision and Refund of Fees. At such time as the City Council determines that this Fee is no longer required to be collected for the purposes set forth herein, the Fee shall be suspended. If the Fee is suspended as provided above, the Finance Director shall provide a report to the City Council summarizing the revenues and expenditures to date resulting fiom the Fee. If there are surplus funds available, the City Manager shall provide a recommendation to the City Council on the most fair and equitable disposition of any excess Fees that may have been collected. In the absence of an alternative determination of fairness by the City Council, a refund which divides the remaining unused balance by the residential units for each developer or applicant who has paid the Fee shall be deemed a fair method. .~,._- ----'--- ,-'--- ORDINANCE NO. PAGE 5 Section 10. Findings. The City Council of the City of Chula Vista does hereby find that the establishment of the Fee is necessary to protect the public safety and welfare, to ensure the effective implementation of the San Miguel Ranch SPA Plan, and is reasonably related to the development of the San Miguel Ranch Project, for the following reasons: A. The San Miguel Ranch Tentative Map Resolution, Condition of Approval #95 requires that a Fiscal Deficit program be established to correct any annual operating deficiencies incurred by the City as a result of the development of the San Miguel Ranch Project. This program will finance the cost of 15 annual reviews and analyses of the fiscal impact of the Project upon the City, and payment of any fiscal deficits identified by those annual reviews. B. The San Miguel Ranch PFFPIFIA produces a representation of the project's fiscal impacts upon the City for any given year to the buildout ofthe project. C. It is projected that the City's operating deficits will result fiom residential development, not commercial or industrial, so the proposed fees are to be tied to residential units, both single family and multi-family. D. The amount of the Fee levied by this ordinance to fund the annual fiscal deficit analyses does not exceed the estimated cost of providing this service. E. The collection of the Fee established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the purposes described in the San Miguel Ranch PFFPIFIA and in Ordinance 2829. Section II. Fee Additional to Other Fees and Charges. The Fee established by this ordinance IS III addition to the requirements imposed by other City laws, policies or regulations relating to the development of San Miguel Ranch. Section 12. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995 after the effective date of this ordinance. Section 13. Expiration of This Ordinance This ordinance shall be of no further force and effect 30 days after its adoption. Section 14. Effective Date This ordinance shall become effective immediately upon four-fifths vote. .-.--.-..--..-------..-. - ORDINANCE NO. PAGE 6 Presented by Approved as to form by ~.hl~~ Robert A. Leiter John ahen Director of Planning & Building City Attorney Exhibit 1: Area Subject to Fiscal Deficit Fee Exhibit 2: Excerpt fiom PFFPIFIA Identifying the San Miguel Ranch Project's Fiscal Deficit Exhibit 3: Table of Potential Funding Alternatives for Fiscal Operating Deficit (H;\shared\planning\ smr-fiscalordinance.urg.doc) ~._~.._---~ .- // / / /// /~ / 1 I Lr C HULA VISTA PLANNING AND BUILDING DEPARTMENT lê) PROJECT PROJECT DESCRIPTION: APPLICANT: TRI MARK PACIFIC-SAN MIGUEL LLC. San Miguel Ranch PROJECT Unincorporated County area adjacent Fiscal Impact Review Ordinance ADDRESS: to the northerly boundary of Chula \lista. An ordinance establish a Fiscal Impact Review Process SCALE: I FILE NUMBER: and Fund for the San Miguel Ranch Planned Community. NORTH No Scale SM-OO1 F EXHIBIT 1 - . --..--------.- ---.------------------ Fi5c~1 ..i.nalysis ¡'a;¡dl~s ,h~'m2inten2nce of city parks and pro\'id~d p~k maintenance cos,s ofS8.399 p~r public park acre. C]C allocated the park cost on 2 per ~cre (340 acres citywià~ 2nd J 2.~5 .-equird acres for San Miguel Ranch) and recreation costs on a per housing unit b2sis. Annual park rnaintenance costs allocated to San Miguel Ranch are estimated al S 10-+.568 at build-out ($8.399 . 12.45). Vista Mother Miguel does not inc1ude any p2rk uses. Howeyer. park COSts ofS8.399 X.4 acres were applied because of the city's requirement for 3 acres of park per 1.000 population. Therefore, annual park maintenance engineering costs for Vista Mother Miguel are $3,400. Exc1uding the Women's Club. which is 2ssumed to be self-supponing, costs for recreation services total $46 per housing uni!. Using this multiplier, resuIts in costs ofS64,600 fonhe San Miguel R2nch (refer to Table A-I 8) and $2,000 for Vista Mother Miguel (refer 10 Table B-] 8). The following table details the cost allocation for Parks 2nd Recreation. 98/99 Budaet Cost Allocation Unit/Acre P2rks $3,127,684 $8.399 per park acre Adr;1inistration-Parks 374.260 Administration-Open Space 334.552 Provided by lighting & ;andscape dis;ricl M2imenance 2,418.870 G;:n::ral 2,]47,445 "'Iarina Park 2ï1,425 Not 2pplicable Recreation $2,502,606 $46 per housing unit ArhJetics 260,720 $5 per housing unit Aquatics 5]6.172 $10 per housing unit Senior Citizens 288.839 55 per housing unit General 1,062.615 520 per housing unit A dministrati on- Recreati on 374.260 57 per housing unit ;-.let Fiscal Impact Utilizing the previously mentioned methodologies, estimated net fiscal impacts are presented in Tables 61 and 62. As previously mention::d, all values are in 1998 dollars. No annual adjustrnems to revenues or coses were utilized. The estimatèd annual flows of costs and revenues are primarily related to the estimated project absorption. -' Table 61 presents the results of the fiscal impact associated with the San Miguel Ranch. Fiscal revenues range Îrom $219,500 in the first year of development (2001) to $1,137,300 at build-out (2006). Fiscal expenditures range from $219,1'00 in year one to $1.262,400 at build-out. The net fiscal impact Îrom developing the San Miguel Ranch is a posiLive $400 in year one and becomes a negarive $125,100 at project build-out. It should be noted that during some years the net fiscal impact will be more or Jess due 10 infrequently needed street repairs. , I J,9- 7 San Migue! Ranch EIHI f3 IT Z PuNic FaCÍ!i¡jes Finance Pian -+.4.14-]g /.:::"-' 36 .--.-.---..-.... S2...'1 \ Lç'.d R:mÓ cm:siscs aî a typical mi:-:ed laIld-us" plan including single fa:-",iy nomos. mulri-f2...-nily homes. neighborhood shopping center. parks and schooL The homes ¡-2...'1ge irom 5140.000 for a mulu-îamily. unit to 5400.000 for a single family home on a large lot. The medi2l1 housing price 2...'1d associated estimated household income for San Miguel R2...'lCh are signific2...'1ÙY higher th2...'1 the overall city. The San Miguel Ranch is expected to generate higher Ülan average per urnt propeny and sales taxes. Other revenues are e:-:pected \0 be a\ or abO\-e city averages. In terms of expenditures. this project is not e:-:pected to incur any unusual or higher than ave¡-age costs for city ser.;ices. The primary factor responsible for this project" s negative fiscal impact is primarily due to the relatively small city share of property taxes under the existing anne:-:a¡ion agreement with the County. Because the project is currently located in the County of San Diego 2.Ild proposed to be annexed into the City of Chu!a Vista, the city's share of propeT!)' tax is detecmined by the City/County M2.ster Tax Agreement. which limits the cit)'s share to 8.6 percent. For propenies locaed within the City oî Chula Vista. the average city share ofpropeny tax is roughly 14.7 percent. If San Miguel Ranch utilized a 14.7 percent share. the fisc2.] impact would be positive far all years presented in Table 61. The last year presented based on a 14.7 percem share would be positive 598.200. Tab]" 62 presents ti1e results of the fisc2.1 impact associated with Vista Mothe. Miguel. Fiscal re\'enues 2Ie 532,700 in year 2002 and reoain the same throughout the presented development schedule, due to forec2Sted one-year absorption schedule. Fiscal expendirures are 534,700 in 2002 and increase to 535,000 at bui1d-out. The inc¡-ease in expenses is related to the infrequent SIreet repair COSIS. The net fiscal impact from developing Vista Mother Miguel is a negative $2,000 for all presented years excepl the year 2006 ($2,300), which includes SIreet maintenance costs. Similar to SaD Migue] Ranch. the median housing price and 2..SS0CiaIed esÜmated household income for Vista Mother Miguel are sigDiñcantly higher than the overa1l ciTy. Vista Mother Miguel is expected to generate higher than average per unit property and saJes t2.xes. Other revenues are expected to be 2.t or above city averages. In terms of expendimres, this project is not expected to incur any unusua1 or higher than average costs for city services. This project is a1so proposed to be annexed into the city, which limits the ciry's share of prope~' l.'LX to 8.6 percent. For bOlh Ihe San Miguel Ranch project and the Vista Mother Miguel subdi\fÏsion, the City and the developer wil1 negoTiaTe and establish a fee program to offset the pro] ected fiscal deficits through a condition of approval of the SPA and/or tenTative subdivision map. ! I ~?-! /6~,;¿>ì . ..;," ,\ "'-.. -, I,.-, . , .. .----- ---.,.- '-'-'-,-----""", Fiscal Analysis = Table 61 :\ET FISCAL IMP ACT OF THE SA?'i MIGliEL R.-\!\CH O~ THE CITY OF CHULA VISTA Re\'enue Sources Revenues (In Thousands) 2001 2002 2003 2004 2005 2006 Secured Property Tax S60.4 5131.4 5196.5 S:!6:!.3 S314.7 5314.7 Unsecured Property Tax $0.0 SO.O 50.0 SO.O 53.3 53.3 Property Transfer Tax $5.5 51:!.0 517.9 $:!4.0 S:!7.9 5:!7.9 Sales & Use Tax $87.0 5188.5 5:!65.6 $35:!.9 $451.1 5.151.1 Franchise Tax $4.7 510.2 514.4 $]9.1 $30.8 530.8 TOT Tax $0.7 S1.5 52.] $2.7 $4.0 54.0 Utili!}' Tax $6.4 513.8 $19.5 $:!5.9 $41.7 $41.7 Business License $0.0 $0.0 $0.0 $0.0 $6.3 $6.3 Miscellaneous Revenues $54.8 $118.8 5167.4 $222.4 $:!57.6 $257.6 TOTAL REVI!\LJES S219.5 S476.1 56833 $9093 S1,137.3 51,137.3 Expenditure Sources Exp.enditures (In Thousands) 2001 2002 2003 2004 2005 2006 Government Admin. $39.8 594.1 5137.2 S185.0 $225.6 $229.3 Planning $3.8 58.3 511.7 $15.6 $19.1 $19.1 Police $88.9 5192.6 5271.5 $360.7 $467.4 $467.2 Fire $36.2 578.4 5110.5 $146.9 $180.] $180.] Library $:!2.2 548.0 567.7 $89.9 $103.0 $103.0 Public Works $14.2 $33.5 548.7 $65.7 $77.6 $94.5 Park and Recreation $13.9 562.9 5108.0 $154.7 $]69.2 5169.2 TOTAL EXPEI\DITURES 5219.1 5518.0 5755.4 51,018.4 51,241.7 51,262.4 2001 2002 2003 2004 2005 2006 TOTAL REVENUES $2]9.5 5476.] 5683.3 $909.3 5],137,3 51,137.3 TOTAL EXPENDITURES $219.1 5518.0 5755.4.liÆ.li.. 51.241.7 . $U62.4 J'<IT flSCAL IMPACT SO.4 (541,9) (572.0) (SI09.1) (S1043) (5125.1) ,. ¡J 8 -q ~ San Miguel Ranch Public Faciliries Financ" Plan --.---- ,--'" - --.-. . -----'_-__'.m__- = Table 62 :,\[T FISCAL l'\1PACT OF YISTA MOTHER :'-lIGL'EL 0:'1 THE CITY OF CHULA \'1STA R~\"enue Sources Reyenues (In Thousands) 2001 2002 2003 ~ 2005 2006 Secured Propeny Tax SO.O S9.8 59.8 S9.8 S9.8 59.8 Uns~cured Property Tax SO.O SO.O SO.O SO.O SO.O 50.0 Property Transfer Tax SO.O 50.9 50.9 SO.9 SO.9 50.9 5ab & Use Tax SO.O S12.5 S12.5 S]2.5 S12.5 S12.5 Franchise Tax SO.O SO.7 SO.7 SO.7 SO.7 SO.7 TOT Tax SO.O SO.1 SO.1 SO.] SO.I SO.1 Utilir:' Tax SO.O SO.9 SO.9 SO.9 SO.9 SO.9 Business License SO.O SO.O SO.O SO.O SO.O SO.O Miscellaneous Revenues SO.O S7.9 . S7.9 S7.9 S7.9 S7.9 TOTAL REVPiDES 50.0 532.7 532.7 S32.7 532.7 532.7 E,:p~nditure Sourc~s Expenditures (In Thousands) 2001 2002 2003 2004 2005 2006 Go\ecnment Admin. SO.O S6.3 S63 $6.3 S6.3 š6A Planning 50.0 SO.6 50.6 50.6 50.6 SO.6 Police $0.0 512.7 512.7 512.7 512_7 512.7 Fire SO.O 55.2 55.2 S5.2 S5.2 55.2 Library SO.O 53.2 S3.2 S3.2 S3.2 S3.2 Public Works SO.O SI.4 51.4 S1.4 S1.4 SU Park and Recreation SO.O 55.4 55.4 S5.4 55.4 55.4 TOTAL EXPE!\1HTURES SO.O 534.7 534.7 S34.7 S34.7 535.0 2001 2002 2003 2004 2005 2006 TOTAL REVENUES SO.O 532.7 532.7 S32.7 S32.7 S32.7 TOTAL EXPENDITURES SO.O lli2. 53-U $34.7 S34.7 535.0 !'\ET FISCAL Li\1PACT SO.O (52.0) (52.0) (S2.0) (S2.0) (52.3) J i 2--/D Of /,5 4/ San Migue! Ranch , , " -i, _u_.._._--- -.....-.---.-------- O!lD~/DD ".S 13:59 F.'.\ 619 fin ~D~J c ¡ C HESS.'.RCH £{ REGEWED I ~ I L J!\N - Hill! \ CIC RESEARCH, INC.' . PLANN\NG Economi:: Researr::h . Marketing Research. Environmental Researr::h . Survey ¡¡esearr::h January 4, 2000 Mr. Ed Batchelder City of Chula Vista 3115 Fourth Avenue, Suite R Chula Vista CA 91910 Re: San Miguel Ranch Fiscal Deficit Funding Alternatives Dear Ed: The purpose of this letter is to present potential funding alternatives for ,ne identified San Miguel Ranch fiscal operating deficit The fiscal analysis presents an estimated annual net fiscal impact over the proposed development period (2001 to 2005) and one year beyond, to account for some public works costs, which do not occur until after 5 years. The fiscal impact was slightly positive in the first year and negative in the 2nd through the 6th year. At build-out, the estimated annual fiscal impact was a negative $125,000 (current 1999 dollars). At the request of the City of Chula Vista, GIG developed two funding alternatives for the forecasted fiscal impact deficit The included table presents the' net fiscal impact for the presented development period and an additional 25 years beyond build-out. Although very unlikely, for the purpose of this analysis, CIG assumed the City of Chula Vista's public costs and revenues would adjust at the same rate over the subject period. From 2006 to 2030 the fiscal defidt is assumed to remain at an annual $125,000 (FY 99/00 dollars). CIG presented different time periods for which the developer could be responsible for the fiscal deficit. Also presented in the table is the estimated annual number of housing units built and sold. This absorption period was utilized in CI C's fiscal report ". The table presents two funding alternatives for 5 different time periods. Although the identified fiscal deficit could continue indefinitely, it is very difficult to fórecast future revenues and expenditures. The presented time periods range from a six year (consistent with the fiscal analysis) period to a 3D-year period. The two funding altematives include a one-time payment and a per-housing unit fee. The per-unit fee is to be paid at the same time as the building permit, based on the presented building schedule. Both methodologies utilize a discounted cash flow analysis (Net Preserit Value) of the annual deficit. In both alternatives a net present value was calculated utilizing a 3 percent "'/8-) S3ö1 "'::.,"'" Stree'. San OloQo. Ca/ffomia 92111-2112 ,eleenD"e 15f9J 537--1000 -Fox: 151m 61,-4040 £XHI R IT ~ /f.,:: vi. 01l0~/00 ,rs 1':00 i'" 6]9 6Jï '0'0 C [ C kESS.'.RCIi ;c¡ -- f,^e. Balo""ider - January 4, 2000 III I Page 2 discount rate, which assumes that the difference between inflation and interest rates is 3%' per year. The one-time payment-funding alternative ranges from $397,000 (assumes the developer is responsible for a 6-year period) to $2,170,000 (assumes the developer is responsible for a 3D-year period). These one-time payments represent the net present values (NPV) of the presented cash flows utilizing the 3% discount rate. The per-unit fee is based on the above net present values divided by the number of units proposed and increased three percent each year to adjust for inflation. This fee ranges from a low of $293 (2001 dollars for a 6-year period) to a high of $1,805 (2005 dollars' for a 30-year period) per housing unit, based on the presented absorption schedule. Based on discussions with City of Chula Vista's department heads, a period to include 1D years beyond the build out represents an equitable time period for which the developer should be responsible for the iÏscal deficit This represents a 15-year period from 2001 to 2015. Utilizing the two presented funding alternatives results in a one time fee of $1.2 million or a per- building permit fee, which ranges from $896 in 2001 to $1,008 by 2005. Sincerely, 71J { U Mark Crooks Senior Market Analyst MCC:slf , The 3% discount rat;, was calculat;,d using a 3% inflation rate and a 6% return on funds. /In_l? ~ ¡liD ;.- GIG Research, 1m::. 8361 v,"',",s SITae!' San o;e"", C<Jlifomia 92111.2112 7^'--'-~:'--~~l£-~~~--~- --- . --- 0]/0</00 TeE H;oo F.,X 619 637 <0<0 C I C RESE.,RCH - <C¡ Proposed San Miguel Development Potential Funding Alternatives for Fiscal Operating Deficit I Alternative Alternativ:! Per Building Permit Fee Orle.time 2001 2002 2003 2004 \ 2005 I Time Period Payn;ent (2001 (2002 (2003 (2004 (2005 I for Estimat:!s (FY99/00 dollars) dollars) dollars) dollars) dollars) dollars) I 6 Year I 2001 to 2006 $396,623 $293 $302 $311 $320 $330 I 10 Year I I 2001 to 2010 $785,905 $581 $598 $616 $635 $654 I 15 Year I I ¡ 2001 to 2015 $1.212,042 $896 $922 $950 $979 $1,008 I 25 Year '. I ?001 to 2025 $1.836,993 $1.357 $1,398 $1.440 $1,483 $1.528 I 30 Year I I I I I [2001 to 2030 $2.170,239 $1,604 $1,652 $1.701 $1,752 $1,805 1) Assumes 3% inflatiorl and 6% interest (net discourlt rate of 3%) _2) Assumes th:! City of Chula Vista's public costs arid revenues djust at the same rate over the subj:!ct period 3) The one.time payment fee is in FY 99/00 dollars, the p:!r building permit 'Iee is presented in 2001 to 2005 dollars. Net Fiscal (OOOs) Build-Out Number (FY99/00 Schedule of Years Year dollars) (units) I 1 I 2001 $0.4 1 300 ¡ 2 I 2002 ($41.9)1 350 : 3 I 2003 ($72.0) 266 I 4 I 2004 ($109.1)1 301 I 5 I 2005 ($104.3)1 177 ! 6 I 2006 ($125.1)1 0 I 7 1 2007 ($125.1) I 8 2008 ($125.1) I 9 2009 ($125.1) I 10 2010 ($125.1) I 11 2011 ($125.1) I 12 2012 ($125.1) I 13 2013 ($125.1) I 14 2014 ($125.1) 15 to 30 2015 to 2030 ($125.1) per year Source: CIC Research. Inc. December 1999 , ;.' 'C". -. /5 CITY COUNCIL AGENDA STATEMENT Item: lto Meeting Date: 9/18/01 ITEM TITLE: Public Hearing: PCC-01-69; Conditional Use Permit to install, operate and maintain a wireless communications facility consisting of a 40-foot-high monopalm supporting nine panel antennas; and an associated equipment building at the Hilltop Baptist Church, 740 Hilltop Drive. Applicant: Sprint PCS Resolution: of the City Council of the City of Chula Vista granting a Conditional Use Permit, PCC-01-69, to Sprint PCS to construct an unmanned cellular communications facility at 740 Hilltop Drive. SUBMITTED BY: Director of Planning and Building ~t REVIEWED BY: City Manager fJ (4/5ths Vote: Yes_No -'9 Sprint PCS is requesting a Conditional Use Permit to construct and operate an unmanned cellular communications facility at 740 Hilltop Drive (Hilltop Baptist Church). The project will consist of a 477-square-foot equipment building, and a 40-foot-high monopalm supporting nine antennas. The monopalm is proposed approximately 60 feet south of an existing monopalm, which supports antennas for Nextel. The Environmental Review Coordinator has concluded that the project is a Class 3 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act. BOARDS/COMMISSIONS RECOMMENDATION: On August 29,2001, this project was brought before the Planning Commission, who voted 4-1-2 to adopt Resolution PCC-O 1-69, which recommends that the City Council approve the Conditional Use Permit for PCC-0l-69. RECOMMENDATION: That the City Council adopt the Resolution approving the wireless communications facility at 740 Hilltop Drive, subject to the conditions of approval. DISCUSSION: 1. Site Characteristics The project site is a 2.7-acre parcel occupied by Hilltop Baptist Church, and a Nextel wireless communications facility consisting of a monopalm and equipment building. The church and paved parking area are in the front of the lot (facing Hilltop Drive); the '---. It, . ----. --.----. ---- Page2,Item: liP Meeting Date: 9/18/01 monopalm and 200-square-foot associated equipment building are in the rear, approximately 400 feet from Hilltop Drive. The rest of the parcel consists of: a small accessory building; unpaved parking areas; lawn; and play areas, including two sandboxes and a basketball court. The portion of the lot where Sprint's monopalm is proposed (the northwest comer, near the existing monopalm) is grassy and level, with no elevation changes proposed. 2. General Plan. Zoning, and Land Use General Plan Zornng Current Land Use Site: Residential-Low-Medium R-I-Single Family Residential Hilltop Baptist Church General Plan Zoning Current Land Use North: Residential-Low-Medium R-I-Single Family Residential Residential South: Public & Open Space R-I-Single Family Residential Hilltop Park Parks & Recreation East: Residential-Low-Medium R-I-Single Family Residential Hilltop Jr. High School West: Public & Open Space R-I-Single Family Residential Hilltop Park Residential-Low-Medium R-I-Single Family Residential Residential 3. Proposal In the northwest corner of 740 Hilltop Drive, Sprint PCS proposes to construct an unmanned cellular communications facility consisting of a 40-foot-high monopalm supporting nine panel antennas (each of which is approximately four-feet-Iong and eight- inches-wide), and a 477-square-foot equipment building to house telephone, electrical and radio equipment. The monopalm and equipment building would be placed approximately 60 feet south of an existing Nextel monopalm and equipment building on the site. which are behind the church buildings, and approximately 400 feet from Hilltop Drive. Three 30-foot-high live palm trees are proposed between the existing and proposed monopalms to create a clustered palm effect. The proposed monopalm will match the existing monopalm, which has a round "trunk" and "pineapple" core below plastic palm fronds mounted on the top to camouflage the antennas. The equipment building will match the color, texture and roof of Nextel's equipment shelter, which was designed to match the church buildings. Nextel's facility also includes a concrete masonry block wall alongside the exterior western edge of the equipment building to mitigate noise generated by an outside air conditioning unit. The /{; ---- -. ---- --------- -- --- ------ Page 3, Item: /10 Meeting Date: 9/18/01 proposed Sprint facility does not include an outside air conditioning unit; therefore, no CMU block wall is proposed for noise mitigation. Should an electrical power failure occur, a battery inside the proposed equipment building would allow the facility to continue operating for approximately six hours. In an extreme emergency situation (such as an earthquake) that could cause a power outage of several days, the applicant proposes a temporary emergency back-up generator to be parked directly south of the proposed monopalm. Condition 16 of the City Council resolution stipulates that the City must approve the timeframe for use of the generator, and that the applicant shall remove any emergency equipment within 24 hours of being requested by the City. The proposed site would enhance service along Hilltop Drive, Telegraph Canyon Road, East H, I, and J Streets, Hilltop Baptist Church, Hilltop Park, surrounding residences, and arterial streets in the general radius of the project site. The proposed monopalm supporting nine antennas is an Unclassified Use, according to Section 19.54 of the City of Chula Vista Municipal Code. Section 19.54.010 states that matters "possessing characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones herein defined" are unclassified uses, and, as such, are required to have Conditional Use Permits. Section 19.54.020 requires the project to be considered by the City Council, upon recommendation by the Planning Commission. 4. Public Input One individual who read the public notice for this project in the newspaper informed Planning staff that he was opposed to the project because PCS antennas bring "pornography" into homes via the Internet, and said the church should not facilitate these transmissions by allowing wireless carriers to lease its property. He submitted a page containing some Bible verses he thought were relevant (Attachment 4). 5. Analysis The city encourages applicants of wireless communications facilities to co-locate with other companies whenever possible in order to keep the number of new poles and structures to a minimum. In anticipation of future additional wireless communications facilities on their property, Hilltop Baptist Church had Nextel bury extra conduits (two extra for Power and two extra for Telco) when they installed their monopalm on the site. Therefore, with only minor trenching, Sprint will be able to tie into existing utilities. /~ ----------------.----.- ------"_'~'_m" Page 4, Item: /& Meeting Date: 9/18/01 It is not Radio Frequency feasible for Sprint's antennas to go on Nextel's monopalm, however. The close proximity would cause interference, and the antennas would not be stealth. Sprint has provided a co-location interference analysis report indicating that with the proposed location of antennas, no interference is predicted. Also, the applicant will be required to submit proof of compliance with ANSI standards on emissions control. In order to accomplish its desired radius of service for this proposal, Sprint investigated several potential sites for their antennas. Their original target site was a Mormon Church in a residential area near Maria Street. The Mormon Church has a national policy of no commercial contracts on their properties; therefore, .that prospect was eliminated. Other potential locations included St. Mark's Lutheran Church at 580 Hilltop Drive and First Church of Christ at 41 I Street. The Radio Frequency Engineer determined that the signals from both of these properties would have interference from Sprint's nearest site to the north. The height limitation in the R-l Zone is 28 feet or two and one-half stories; however, the height limitation may be adjusted through the conditional use permit process. With the attached conditions of approval, the proposal is consistent with the City of Chula Vista Municipal Code and the General Plan. 6. Conclusion: With the attached conditions of approval, the proposal is consistent with the City of Chula Vista Municipal Code and the General Plan. Therefore, staff recommends approval of the proposed conditional use permit in accordance with the attached City Council resolution. FISCAL IMPACT: There will be no fiscal impact to the General Fund. The applicant will be responsible for all processing fees. Attachments 1. Locator Map 2. Planning Commission Resolution 3. Disclosure Statement 4. Submittal from citizen /? ...... -...--...-.--...-- -- ~\CJ c::::~//// \ c~~J\ \~ ' \ . \~\ (") '. /^---r--< ( \ \ ,1p \/ I \ \~~ ~ HILLTOP \ ,I \ . \ , \ I '% ELEMENTARY SCHOOL ,\ ~\ \ \ \ \.\ \\~~ ~'v~~'\ \ \ "Sí\~~ \ I, \ \ \ ,,-" j \ \ r \ HILLTOP \ ' ,\ \. , \ \ ç~ c:. \ JU NIOR HIGH , , ,\,' 0 ~ SCHOOL \ ~ \ \~. ~ I '\ \\\ \~\ \0 c-~ ~~ \ \ \ ~ ~~ \ \ . \ ;.. > \ \ \ -:: ";' - \\_---~\ \ \ \ \ \ \ \ \ " '\, ?þ.?-\<. ~O? ~\\..\.. I~\ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LC) ~~~I~rtk; SPRINT PCS/GIANNI ASSOCIATES PROJECT DESCRIPnON: CONDITIONAL USE PERMIT PROJECT 740 HILLTOP DR Request: Proposal for telecommunication monopole ADDREss: at the existing church site. SCAlE: I FILE NUMBER: ~ NORTH No Scale PCC-01-69 Related Case: 18-01-048 c:cherrvllpcc0169,cdr 4,18,01 / \ /) -- c--, ATTACHMENT 1 ----- RESOLUTION NO. PCC-01-69 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE PERMIT, PCC-01-69, TO SPRINT PCS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 740 HILLTOP DRIVE. WHEREAS, a duly verified application for a Conditional Use Penn it was filed with the City of Chula Vista Planning Department on March 27, 2001 by Sprint PCS; and WHEREAS, said application requests pennission to construct an unmanned cellular communications facility consisting of a 40-foot-high monopalm supporting nine antennas, and a 477- square-foot equipment building at 740 Hilltop Drive; and WHEREAS, the Environmental Review Coordinator has concluded that the project is a Class 3 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on said Conditional Use Permit and notice of said 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 and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was scheduled and advertised for August 8, 200! at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, the project was continued to August 29,2001 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council approve Conditional Use Permit PCC-01-69 in accordance with the findings and subject to the conditions and findings contained in the attached City Council resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City CounciL PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 29th day of August 200 I by the following vote, to-wit: AYES: Cortes, Hall, McCann, Willett NOES: Thomas ABSTAIN: ABSENT: Castaneda, O'Neil Kevin O'Neil, Chair ATTEST: Diana Vargas, Secretary ATTACHMENT 2 _'.H_"" . --______M- , ' Appendix 6 THE ", ry OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or car71paign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies, The following information must be disclosed: 1 List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. g~ ~~ ß~t:¡; 5fr.;vr rt""..s . 732 M/:+ Z>æ é..A&h Þ'd;'76:./'"¡IfI ¥,683 C/,r-;W ¿>~/Ì/~ 5&-/1£ No [tit) ~-72-~ 'l/fIO p/€,t¡5t(n.J;",!, é4 ?~5J>8' 2, If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership, ~~ ~h5~ ?~~ - - 2 Ç<Ç7/' ßk ac/~ Ø..s71Ot C£/V 7'22 -72¥-Ó "JJf/1) 3, If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust M7/~p By-Þd (Ác/~ - 732 Æ»'r.P~ ¿A~ Ø5Æ~ éA - - (?19) 'Ý::?-.7 -7~ ',6 9/910 4, Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes - No~ If yes, please indicate person(s): - 5, Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. ¿;;q/7/7' .g¡fl5S0C/~/~.J;;,c. 7P~ ~h~.,,/.:z:s.ç /tJ/%cJ ææs.,.s r ~ >e-..;Þ/6s .!-7770 t'Á.-:z-h--y# £oo-6s.-~ SW ~# l)"f!J° ...;(4 ?2/:2-/ :z;;.J4;V~ -" /"'4 ~2-ó/Y 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes - No Þ If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY) Date: 3-c:2 7-C)/ ~ ~ -A6ZWT ~ 5P¡Ì?/~T Signature of contractor/applicant pes M/J/I?/<. &eæûÀl- ~ R~ SP~Ñr,.4:::s Print or type name of contractor/applicant /¿ - 7 * Person IS defined as. "Am' IIIdiy/duaL, firm, co-parmership, joint vemure, assocwrion, socia! club, Featerna! or, ATTACHMENT 3 estate, trust, receiver, syndicate, this and any other coumy, ci,~ and countn'. cih' mumcipalitv, district, or oth., p' - -.-- -------- (D P¿f1¡iJi'It-'f,' COI'2I~(¿5¿c('J - ~ I~ ¡C,VoC¿ì¡CGUf--_E¿ ~J - (::j 3. ¡::¡ ~ ¡::¡. ~ Q g;e; æ ~ '--' dJ - OO(/) .. ~ ,0 ~ ~(/)~¡::¡ ~ ~ 1ft tn Z~HO ~ ' ~. :r:~E-fCJ -6 -0' ~ ')' ~Qn E .~ :r: ~ ~:r: ~ - H:r: f t-« ~.~ t.: ò d ~ ~~:~~ ~ ~ ~I-I P ~ ~ () HE~;¡ ~ t::' ... , ¡j~~E-f .... :r: c:: <X; - ~ ~ E-f :r: ~ ~ .+--t . Z:r:~E-fz ~ ;:s HE-fZ~:r: ~ ~ ~~~:r:~ ~ ~ 0 ~ ~ ~~~~. ~ d ~$' '" ;~~~ ~ E-f~~ 5' > a~z ~ ~ --0 ~ ZgjCJ¿ ~ "{ ~o~~ ~ ~ ~ ~ I~ ~¡j~~ d ~ ~ I ~~¡::¡¡::¡ ,~ 0 ~ <x;~~grñ ~-+-t 0 J:i' ~ ê ~ -~ &3 <X; 0::> H ~ ~.tn ~~ -g~:r:¡::¡ ,---"" ¡::¡ H ~ ~ \1 ~~~~~ 't-t (/)E-fZ ~ . ~ ~ ~rqQ)H ~-:-::» ~ "< ~ ~ : b l+-, ~ u<i- , i,1 ~ ~ 55:r: ~ ~ :r: : "I ' ~() Z E-f r.¡ Ii. 'lI'u' AUG 22 2:01 ~\~ r' C\,. ~ ¡§ ~ Z a O\ : ' '< E-f HOc:: I, c;..c::~o~~ +-t ~ PL,V)I'J:'JG <:JJ-+-e ~~, ¡;: E-f ~ 5 e:i ::t ~ [ ..-t" ~~<x;~:r:ø:: ' " ç::f) :u '- '-.J a :r::r: <X; ~ --- ì<:( (x¡ ~ g E-f E-f g; P. ~ () \S\ $:i'Ì;-~~í'~~~~~ 1:::' ~ - \r'\ . \-lJ )G -. 0 . .~ , 1_2 () > ~ '"" ~ f: --J CD, S '1<: ~:O()::::' 'O~~ \7\ ATTACHMENT 4 _.,.,- ---.-"---.,...---- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-01-69, TO SPRINT PCS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 740 HILLTOP DRIVE. A. RECITALS 1. Project Site WHEREAS, the parcel that is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 740 Hilltop Drive ("Project Site"); and 2. Project Applicant WHEREAS, on March 27, 2001 a duly verified application for a Conditional Use Permit (PCC-01-69) was filed with the City of Chula Vista Planning Division by Sprint PCS (Applicant); and 3. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requesls permission to construct an unmanned cellular communications facility consisting of a 40-foot-high monopalm supporting nine antennas, and a 477-square-foot equipment building on the Project Site; and 4. Environmental Determination WHEREAS, the Environmental Review Coordinator determined that the Project is a Class 3 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act; and 5. Planning Conunission Record on Application WHEREAS, the Planning Commission hearing was scheduled and advertised for Augusl 8, 2001 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue; and WHEREAS, the Project was continued to the August 29, 2001 Planning Commission hearing, at which time the Planning Commission voted 4-1-2-0 to recommend that the City Council approve the Project based on the findings and subject to the conditions listed below, in accordance with Planning Commission Resolution PCC-Ol-69: and /b --..--.-. ---. 6. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on September 18, 2001 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on August 29, 2001 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has concluded that the project is a Class 3 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act. D. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed cellular facility is necessary to provide and maintain a quality cellular phone system in Chula Vista. The proposed monopalm antenna site will enhance service for Sprint customers along Hilltop Drive, Telegraph Canyon Road, East H, I, and J Streets, Hilltop Baptist Church, Hilltop Park, surrounding residences, and arterial streets in the general radius of the project site. Improved coverage and capacity for this system will ensure availability to business users, personal users, and emergency service providers (including sheriff, police, fire, and paramedics), thus enhancing emergency service and response. 2. 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. ~/O -.---. -' ' Resolution No. Page #3 The proposed use will not pose a danger to the health, safety or general welfare to the general public. Emissions from cellular antennas have been shown to be below any levels that would cause hazardous biological effects. In addition, cellular antenna emissions are so far below all recognized safety standards that they constitute no hazard to public health or safety. The facility will comply with the Federal standards for radio frequency emissions, and has been conditioned to require that the applicant prove compliance with the accepted ANSI standards for emissions control. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. This Conditional Use Permit is conditioned to require the permittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use. The conditions of this permit are approximately in proportion to the nature and extent of the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of this permit will not adversely affect the Chula Vista General Plan in that the Project is proposed to be build on a site surrounded primarily by public uses along with residential uses. Land use impact will be minimal. Monthly maintenance visits that the project may generate will not resull in the intensification of the use of the site and is an insignificanl increase in the traffic for the neighborhood. The integration of the monopalm with live palm trees will nol be a visual intrusion in Chula Vista. E. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-01-69 subject to the following conditions whereby the applicant and/or property owner shall: 1. Construct the Project as shown or described in the application, elevations, photo simulations and other exhibits submitted for review at the City Council public hearing dated September 18, 2001. The monopalm shall be no taller than 40 feet, and shall support no more than nine antennas, The telephone, electrical and radio equipment shall be placed inside a new 477-square-foot building directly south of the proposed monopalm, and shall match the existing equipment building for the Nextel wireless communication facility. Two live Washingtonia palm trees, each at least 20-feet-high, shall be planted near the proposed monopalm to create a clustered effect. /fo- - _.__n___._- - - .-_n- -_n-_- .-.,---...-- Resolulion No. Page #4 2. Cooperate in good faith with other communications companies in co-localing additional antennas on subjeci property provided said co-Iocatees have received a conditional use permit for such use at said site from the City. Permittee shall exercise good faith in co-locating with other communicalions companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level- or quality-of-service impairment of the permitted use (as opposed to a compelitive conflict or financial burden). In the event a dispute arises as to whether permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the permittee and applicant. 3. Comply with ANSI standards for EMF emissions. Within six (6) months of the Building Division final inspection of the project, the Applicant shall submit a project implementation reporl to the Director of Planning and Building which provides cumulalive field measurements of radio frequency (EMF) power densities of all antennas inslalled at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards- If on review the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use permil. 4. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the City, in its discretion, finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 5. Provide one 2A: 10BC fire extinguisher at a location satisfactory to the Fire Marshal upon completion of construclion. 6. Obtain all necessary permits from the Chula Vista Building Division and Fire Department. 7. Comply with the City's Municipal Code noise standards. Within three (3) months of the Building Division's final inspeclion, Ihe applicant shall submit a report to the Director of Planning and Building which provides cumulative field measurements of facility noises. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for residential uses. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal dated March 27, 2001 and Municipal Code noise standards. If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. /~ - .,--- ,-----.- ,- Resolution No. - Page #5 8. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 9. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 10. Upon cessation of the business operations and use of the light standard for antennas by the applicant, the applicant has 90 days to submit a substitute user to the satisfaction of the Director of Planning and Building Department and/or remove the monopalm from the site and equipment from the storage building. Any changes on the conditional use permit shall require modification. 11. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 12. Projeci site shall be inspected six months subsequent to the issuance of building permits to check conformance with project plans and conditions of approvaL 13 A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the C.V.M.e. regarding graffiti controL /~ .-_.- ,-._---"." Resolution No. Page #6 14. Prior to issuance of building permits, submit an irrigation plan to the city's landscape planner for review and approval. ]5. After installation of the monopalm, equipment building, and live palm trees, the applicant shall ensure and be responsible for all maintenance repairs, replacement or upgrade of said improvements for the life of the project. This condition shall include the replacement of any palm tree elements that appear faded or worn over time or as a result of adverse weather effects, as viewed by the Director of Planning and Building. ]6. In the event that any damage occurs to the monopalm, equipment building, or landscape elements, or the design of the Hilltop Baptist Church should be altered, the applicant shall appropriately upgrade, repair or replace the said improvements to the satisfaction of the Director of Planning and Building, and in an expeditious manner and timeframe approved by the City. The applicant shall remove any emergency equipment within 24 hours of being requested by the City. F. ADDITIONAL TERMS AND PROVISIONS TO GRANT 1. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 2. A copy of this resolution shall be recorded against the property. 3. Any violations of the terms and conditions of this permit shall be ground for revocation or modification of permit. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property Owner and/or applicant, and a signed, stamped copy returned to the Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk' Office and known as Document No. -' /c; i~ u.------- ---'u_-------'-"--- Resolution No. - Page #7 Signature of Representative of Date Sprint PCS H. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the Cily Clerk. I. ADDITIONAL TERM OF GRANT This permit shall expire five (5) years after the date of its approval by the City Council. After the first five (5) years, the Zoning Administrator shall review this Conditional Use Permit for compliance with the condilions of approval, and shall determine, in consultation with the Applicant, whether or not the antenna height can be lowered. J. INVALIDITY; AUTOMATIC REVOCATION Ii is the intention of the City Councillhat ils adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab inilio. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA THIS 18TH DAY OF SEPTEMBER, 2001. Presented by Approved as to form by l~eJY1 'U~ Robert A. Leiter Jo . 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N ~: ~: B B , ~ ~ ti !IS I ilu ib I I!¡ I EI¡ a II II un r Ii! z z Q ~ Q .... ~ ~ .....I W .....I ::c w .... .... ::I tJ) 0 ~ tJ) ~\~ Council Agenda Statement -f!- - I rl - Item No 0lY OF CHUIA VISTA Meeting Date Tuesday, September 18, 2001 ITEM TITLE: Public Hearing Consideration of an Ordinance to Approve Implementation of a "Variable Rate" Unit Pricing Structure for Residential Solid Waste Disposal and Recycling Services, Related Adjustments in Commercial/Industrial Rates and Other Minor Franchise Modifications. Ordinance Approving a First Amendment to the Amended and Restated Solid Waste Disposal and Recycling Services Franchise Agreement with Pacific Waste Services Providing for (I) a "Variable Rate," Unit Pricing Structure for Residential Solid Waste Disposal and Recycling Services; (2) Modifying the Commercial/Industrial Rate Structure to Create Additional Waste Reduction and Recycling Incentives for Large Commercial and Industrial Generators; (3) Making other Related or Minor Additional Franchise Modifications. SUBMITTED BY: Special Operations Manager ~ REVIEWED BY: City Manager~ (4/Sths Vote Yes - No _X-.J BACKGROUND: The 1999 agreement with Pacific Waste Services (Pacific) requires Pacific to work with the City to provide a new unit pricing or "pay as you throw," proposal for residential solid waste services. The new rate structure modifies the current flat rate system to a "unit-based" system with lower rates for those households that generate less trash and/or are doing a good job recycling, and higher rate for those households that generate more trash and/or are not doing a good job of recycling. It also provides each household with an automated can for trash and recycling collection. Yard waste is not being recommended for automation at this time. The implementation of unit pricing rate structure is one of the few commitments in the City's recycling plan, the Source Reduction and Recycling Element (SRRE) that has not been completed. In the past, the volatility of waste rates and pending change in waste haulers forced City to focus on stabilizing rates and the quality of service. The stabilization of rates over the past three years, and the improvement in service along with the current need to replace the fleet of collection vehicles makes this an opportune time for the City and Pacific to consider implementation of this program, and make certain adjustments to the fleet to meet the desired air quality standards established by the City. In fact, the City is not likely to have another opportunity to implement this program until the next time the average age of the vehicles requires they replace a large portion ofthe fleet. RECOMMENDATION: Open the public hearing, consider all written and oral testimony, and approve the proposed Ordinance on first reading. The proposed Ordinance would amend the Amended and Restate Solid Waste Disposal and Recycling Services Franchise Agreement with Pacific Waste Services providing for (1) implementing a "Variable Rate," unit pricing structure for residential solid waste disposal and recycling services; (2) modifying the commercial/industrial rate structure to create Page 2 Item No /7 Meeting Date 9/18/01 additional waste reduction and recycling incentives for large commercial and industrial generators; and (3) making other related or minor additional fianchise modifications. Assuming approval on first reading staff would then recommend adoption of the ordinance on second reading on September 25th. BOARD AND COMMISION RECOMMENDATION: The Resource Conservation Commission reviewed and approved the City's Source Reduction and Recycling Element. Unit Pricing was a prominent part of that document and the City's commitment to meeting the state mandated recycling goals. DISCUSSION: The phrase "Variable Rate" or "Pay as You Throw," may not be familiar; however the concept - pricing per unit-is the basic pricing system we use for most goods and services we purchase: cost per gallon of gasoline, per kilowatt hour of electricity or per cubic foot of water. Prices that are not set by the unit are the exception, rather than the rule: all-you-can-eat-buffets, are one example. Residential solid waste services, like Chula Vista's system have traditionally been funded through flat rate billing fees. The flat rate system creates the same incentive as the all you can eat buffet: the smart economic move is to eat----or throwaway-all you can, because the more you get for a fixed price the better deal you're getting. Variable Rate or Pay as You Throw means charging a fee for each unit disposed. The primary reason for considering a Variable Rate system is to meet or exceed the state mandated 50% diversion goal by increasing participation in recycling and the practice of source reduction. The CA Integrated Waste Management Board endorses unit pricing as a source reduction (less trash produced) program and the EP A endorses it both as a sustainable development and climate protection program. Together the CA Integrated Waste Management Board and the USEPA have surveyed over 5,000 communities with a variety of unit-based systems. Their surveys found that the range of "source reduction," for all the communities surveyed was between 15% and 35%. The conservative estimate for our proposal is 15% residential diversion and 2% commercial/industrial diversion for a total of approximately 9% additional overall diversion. The potential diversion generated by completing this portion of the City's state approved recycling program is particularly important at this time. According to state estimates, despite the introduction of successful new recycling programs, the City's source reduction and waste diversion efforts have not kept pace with its growth. The state estimates that recycling diversion has dropped fiom a high of 42% in 1997 to 34% in 2000. Another reason to consider unit pricing is equity. Flat rate billing systems make no distinction between small and large trash generators. In a flat rate program, those making the effort to reduce, reuse and recycle are not only not rewarded for their efforts but they subsidize those that generate the most waste and recycle the least. In the Chula Vista proposal households that are making an effort to recycle will no longer subsidize the non-recycler and will be rewarded with a $3.25 to $6.00 per month savings. Large generators will have the same economic incentive to start participating in city recycling and composting programs. Rate stability is also another argument for unit-based systems. The disposal component is typically the single largest and most volatile component of a solid waste rate. While Chula Vista's disposal and rate options are stable this program will help insulate the vast majority of customers when and ifthat changes as the landfill fills up and eventually closes. - ".."...".,,_... Page 3 /7 Item No Meeting Date 9/18/01 A Unit Pricing Proposal for Chula Vista 1) Convenience, co-mingled recycling: Residents will no longer need to separate mixed paper, cardboard and news paper fiom bottles and cans and they will no longer need to bundle newspaper or place mixed paper in paper bags. In the proposed program each resident will receive a 96-gallon recycling cart in addition to a trash cart at no additional charge. The recycling cart will allow them to place broken down cardboard boxes, newspaper, mixed paper and acceptable plastic, glass, steel and aluminum rigid food and beverage containers in one cart that can easily and conveniently be wheeled to the curb on their trash and recycling collection day. Co-mingled recycling is not automatically a component of unit pricing programs however, increasing the participation in recycling is key to keeping rates low and meeting the state mandated diversion goals. The change to automated trash collection creates the opportunity to provide residents with a cart and transition to the more convenient recycling alternative. Pacific's position was that this component was critical to the economics of them providing the program on a revenue neutral basis. Residents that generate more than 96 gallons of recyclables and are properly participating may obtain an additional recycling cart at no charge. 2) Automation: The use of carts and automated trucks is not required to implement unit pricing programs either. Unit pricing can be achieved by charging by the bag, sticker or by weight. The City has had very bad experience with tag and bag programs, which have also proven to not be popular with residents. Carts are popular, more than 25% of the City's households already chose to pay between $1 and $5 per month for one to three trash and yard waste carts. Under this proposal every household will get a blue recycling and gray or black trash cart at no additional charge and residents that currently pay for trash carts will see their monthly bill go down dramatically even if they do not reduce or recycle more initially. Carts will also change the look of the City on trash day from a litter-riddled mess with paper, cans and lids blowing down the street to a neater and cleaner neighborhood before and after collection is complete. Is should also eliminate about 50% or more of the total service complaints which typically concern litter, broken, misplaced or lost cans and lids and comments about missed pick-up due to improper setouts. Carts are also typically part of the fourth option, pay by weight. While tremendous strides in the weight-based program have been made, the technology is not where Pacific or staff would like it to be and it is not recommended at this time. Yard waste collection service will continue to be provided manually or semi-automated. Yard waste carts will remain optional and may be rented for $1 per cart per month. 3) Rates: The following is a chart of current and future Small Quantity Generator rates; Current Rate Current Rate with Proposed Proposed Proposed 96 One Trash Cart 32 Gallon Rate 64 Gallon Rate Gallon Rate Single $14.07 $16.07 $11.00 $14.25 $16.75 Household 2n° Uuits and $10.87 $12.87 $11.00 $14.25 $16.75 single bilJed HOA and Mobile Homes Seniors (62 years $ 7.87 N/A $ 7.87 & older, (32- gal. households) disposal $11.00 $14.25 $16.75 limit)) Cu,oont "t" ..dude unhm,ted ,ohd waste d"po,"1. "Semar hou"holds coITcntly on the prag"m w,ll be allowed to contmoe at the COITent $7.87 cote until they aoo no longer an all "n;or hoo'ehold, new "n;ors w;ll have the thooe pr;ce opt;ons. --_. ,.- -.-........--.--... .-. Page 4 I? Item No Meeting Date 9/18/01 A complete rate sheet that includes a comprehensive list of the proposed residential and commercial rate adjustments is enclosed as Attachment A. All rates will continue to be subject to future annual rate adjustment of 50% to 60% of the local Consumer Price Index (CPI). Additional Rate Payer Benefits and Options These rates still include unlimited volumes of weekly yard waste and recycling service. They also still include two, annual landfill and two yard waste passes, as well as weekly bulky collection for items such as furniture and appliances. Residents that occasionally have more than a standard 32, 64 or 96 gallon can of trash and prefer not to move up to the next level of service will be able to purchase a 'box of ten special plastic trash bags that may be used at their convenience to supplement their normal disposal pattern. The box often bags will cost $15 and will cover the full cost of collection and disposal for that bag of waste. Proposal Assumptions The proposed rates are based on the following proposed subscription estimates. If the number of customers varies substantial in each of the 32, 64 and 96 gallon categories, staff will work with Pacific to make the necessary adjustments and report to Council. The method of adjustment is more thoroughly described below under the "true-up," heading. Service Selected Estimated Percentage of Rate Participants 32 gallon cart 18% $11.00 64 gallon cart 69% $14.25 96 gallon cart 11% $16.75 96 gallon cart plus 64 gallon 2% $26.75 ($10 for each extra cart) Existing Seniors (2,400) $7.87 Should council adopt staffs recommendation there will be minor conforming changes to Chapter 8.24 and 8.25 that staff is preparing and will bring back for Council approval in the near future. The changes address such items as; I) removing the requirement for residents to provide their own solid waste containers, 2) new recycling containers, 3) placement of all recyclables in a single container, 4) proper curb placement of solid waste and recycling containers provided by Pacific, and 5) omission of references to obsolete recycling boxes and old rates. Commercial and Industrial Rates The rates also include a $5 per ton increase in the landfill surcharge fees for industrial and compactor customers. Industrial and compactor rates are currently at $33 per ton. The "gate" rate paid by most customers at the three major landfills throughout the County is $45 per ton. The amount charged by most fianchise haulers and roll-off box service providers is $38 to $43 per ton. Industrial and large compactor generators are one of those areas that staff believes has kept the City fiom reaching the 50% diversion goal. The compactor and roll-off customers have "preferential or incentive" recycling rates to help them avoid the rate increase. Page 5 /7 Item No Meeting Date 9/18/01 Also attached is a chart that demonstrates a rate adjustment to the large commercial bin customers. As part ofthis program, the 2 cubic yard commercial bin customers with once a week collection service will have their monthly rate reduced approximately $13 per month, and 3 cubic yard commercial bin customers collected once per week will not increase. Together these to categories of customers represent 50% of all commercial bin customers in the City and virtually all the small businesses. Their rates will stay the same or decrease. The larger commercial bin customers will have rate increases above and beyond the standard 50% of CPI (3.42%) as outlined in the full rate sheet Attachment A. The first three rows of the chart below demonstrate the most common adjustments that will occur. The last two rows are examples of the larger increases that could affect far fewer ratepayers. Bin Size in Collections Current Rate with New Rate Recycling Proposed Cubic Yards Per Week Rate 3.42% CPI with CPI Adjustment Rate 2 x I bin I $ 70.75 2.42 $ 73.17 (16.11) $ 57.06 3 x 1 bin 1 $ 74.82 2.56 $ 77.38 -0- $ 77.38 3 x 1 bin 2 $138.24 4.73 $ 142.97 10.65 $ 153.62 4x 1 bin 6 $500.24 17.11 $ 517.35 42.61 $ 559.96 4 x 4 bins 6 $1,922.25 65.74 $ 1987.99 170.43 $2,158.42 Potential Commercial Rate Adjustments Pacific and staff anticipate one more recycling adjustment in July of 2002. Pacific waste has presented these rate adjustments as a "revenue neutral," package that meets staffs intent to: 1) provide an incentive to recycle, 2) meet the state mandated recycling goal, and 3) keep commercial and residential rates for the majority of residents at or below the current low rates. Under this proposal Pacific Waste will still be responsible for any increase costs in service that are not covered by the limited, annual CPI adjustment outlined in the agreement. It is also very important to note that the City's commercial recycling rates will not change and will remain the least expensive in the county; $25 per month for up to 8 cubic yards of mixed paper service per week (as compared to $35 per 4 cubic yards of service per week), free bottle and can recycling service for restaurants, bars and other hospitality services, free bulky collection for apartments and condominiums and reduced yard waste/pre-consumer food waste collection rates. These recycling rates and programs give commercial customers the tools to increase recycling and dramatically decrease costs whenever they choose. The intent of the rate adjustments is to reward residents and businesses that are making the effort and provide those that are not making an effort with an incentive to start. "True-up" Concept Staff will work with Pacific to "true-up" or down the overall rates to assure they are revenue neutral and provide ratepayers with the lowest possible rate. The base for determining the participation rates in each level of solid waste service subscription, avoided disposal and recycling tonnage is described in Attachment B. The City will also retain the benefit of avoided disposal. Should any "true-up" be required the City may invest savings tram the avoided disposal to reduce or eliminate any true-up reviews that may be necessary. Similarly, Pacific will keep or may match the City's avoided disposal reinvestment with any additional unanticipated operational savings to assist with "true-up." Page 6 /7 Item No Meeting Date 9/18/01 The "true up" concept applied to residential rates earlier would also apply to the commercial rate adjustment. The residential "true-up" was based on the number of subscribers to each rate tier, the true up for commercial rates would be based on the change in the total number of yards collected for service above 3 cubic yards once per week. If necessary, the "true-up" would occur once, on or about July 1,2003 when the residential and commercial program adjustments have had an opportunity to take effect. If you have any questions please feel fiee to contact the Special Operations Manager at extension 5870. The Planning and Environmental Manager has determined that there are no foreseeable adverse impacts to the environment as a result of the proposed Amendment to the Solid Waste and Recycling Collection Franchise Agreement, and therefore this project is exempt fiom the California Environmental Quality Act (CEQA) pursuant to the general rule exemption in Section 15061.b.3. Fiscal Impact: The increase in rates would trigger a corresponding increase in fianchise fees. When the program is fully operational it will generate an increase of approximately $61,000 in annual fianchise fees ($25,000 for the current fiscal year) and approximately $12,000 in AR 939 and Household Hazardous Waste fees ($4,000 for the current fiscal year). Those fees are included in the proposed rates. -,', / . -- ,.-,--.,....--- Attachment A EXHIBIT G YEAR 2001 RATE SCHEDULE RATE TABLE EFFECTIVE 0'>-1-01 CHULA VlST A FRANCHISE MAXIMUM RATES 2001 NEW 2001 RATES SERVICE TYPE, BASE RECYCLING AUTOMATION SERVICE 0'"" RATES Adj.""',., 32Gol 64G.1 %G.I 64+96'01 Sml" A. SMALl OUANTITY GENERATOR. RESIDENTIAL. SLNGLE UNIT TRASHIRECYCLINGN ARD WASTE 14.07 11.00 14.25 16.75 21.75 ADDITIONAL CART SERYICE (PER CART) 5.00 TRASH EXEMPT< H.H.W. FEE IICENTS 2.58 RESIDENTIAL. SENIOR TRASHIRECYCLINGN ARD WASTE 7.75 7.75 14.25 16.75 2I.75 (C.",.dy"Pm,nm",romuOI) RESIDENTIAL MULTI.FAMILY STANDARD Up "4 UNITS 14.07 11.00 14.25 16.75 2l.7S OPTIONAL 5.9 UNITS 10.84 11.00 14.25 16.75 2I.75 TRAILER PARKS PER UNIT 10.84 II.OO 14.25 16.75 2l.7S (INDIVIDUAL CAN SERVICE) COMMERCIAL IINDUSTRIAL SMALL GENERATOR ONE TIME WEEKLY ON RESI SERVICE 12.8J lLOO 14.25 16.75 21.75 ADDITIONAL CART SERVICE ( PER CART) MAXIMUM 3 ADDITIONAL TWO TIME WEEKLY ON RESI SERVICE 25.18 "-00 28.50 33.5B 43.SO THREE TIME WEEKLY ON RESI SERVICE 37." 33.00 42.75 SO.25 65.25 NON REGULAR SCHEDULED PICKUP .COMMERCIAL HAND PICKUP 10.66 10.66 10.66 10.66 10.66 B. I ARGF OIJANTITY GENERATORS. COMMERCIAL I INDUSTRIAL LARGE GENERATOR, I X 2YD X I/WK BASIC SERVICE 73.17 <16.11) 57.06 I X 2YD X I/WK EXPANDED SERVICE 83.96 <16.11) 67.85 I X'YD X I/WK BASIC SERVICE 77.38 77J8 I X 3VD X I/WK EXPANDED SERVICE 89.12 89.12 < SEE ATIACHED SCHEDULE FOR PRICING MATRIX) I X 4YD X I/WK BASIC SERVICE 109." '.10 116.25 I X 4YD X UWK EXPANDED SERVICE 124.98 7.10 132.08 I X 5YD X I/WK BASIC SERVICE 136.42 8." 145.30 I X 5YD X I/WK EXPANDED SERVICE "6.24 8." 165.12 I X 6YD X UWK BASIC SERVICE 163.71 10.65 174.36 I X 6YD X I/WK EXPANDED SERVICE 187.48 10.65 "8.13 EXTRA PICKUP CHARGE. COMMERCIAL CONTAINER SERVICE 42.64 1.23 43.87 OVERWEIGHTCHARGE IN EXCESS OF I2S LBSIVARD (LB/YARD RATE) 0.02 0.02 RESIDENTIAL MULTI.FAMILY 10 UNITS AND ABOVE < SINGLE/MASTER BILL"'G ONLY) TRASH RATES. 'YD X I/WEEK 77.38 77.38 5-9 UNITS RECYCLING BLUE BOX RATES I UNIT 0.51 0.51 5.9 UNITS RECYCLING CART RATES I UNIT 0.78 0.78 < ADDED TO COMMERCIAL TRASH RATES) RESIDENTIAL MULTI.FAMILY 10 UNITS AND ABOVE TRASH RATES. 3YD X I/WEEK 77.38 77.38 10 UNITS AND ABOVE RECYCLING CART! UNIT I.57 I.57 (ADDEDTO COMMERCIAL TRASH RATES) HAND PICKUp. I ST UNIT. INCL RECYCLE/YW 14.07 11.00 14.25 IUS 2I.75 HAND PICKUp. MULTIPLE UNITS. INCL RECYCLENW 10.85 11.00 14.25 16.75 2I.75 Pccp~,dbyAII;,dW~"9II4/O1 EXHIBITG P'8,I EXHIBITG YEAR 2001 RATE SCHEDULE RATE TABLE EFFECTIVE 09-1.01 CHULA YISTA FRANCHISE MAXIMUM RATES 2001 NEW 2001 RATES SERYICE TYPE' BASE RECYCLING AUTOMATION SERYICE 0"" RATES Adj."m'" 32G,1 64 G., 96 G., 64_,., S"",, C. INDUSTRIAl GFNFRATORS' COMPACTOR PEBMANENT. HAUL PORTION' 181.75 181.75 ROLLOFF OPEN TOP. PERM HAUL PORTION' 128.98 128.98 FREE DELlYERY OPEN TOp. TEMP HAUL PORTION' 140.71 140.71 DELlYERY CHARGE OPEN TOP. PERM HAUL PORTION' 114.91 114.91 MULTI HAUL ACCOUNTS ONLY DELlYERY CHARGE ON FIRST HAUL ONLY c.O.D. HAUL + DISPOSAL 432.79 39.20 471.99 'TO' MAXlMUW"'~G< C~G'^,""'" mOO"" ~28' T"'" DELlYERY CHARGE 29.31 29.31 SAME DAY SERYICE REQUEST UNTIL 3,OOPM 46.90 46.90 ROLL-OFF CONTAINER DAILY RENTAL 3.52 3.52 (AFTER 3D DAYS WITH NO HAULj . DISPOSAL EXTRA AT 35.60 I TON + TAXES ALL RECYCLING MATERIAL IS CHARGED A PASS THROUGH OF PROCESSING FEES AT TIME OF DISPOSAL ANY DISPOSAL CHARGES DUE TO CONTAMINATION WILL BE PASS THROUGH A REBATE IS OFFERED AT 50% OF THE MARKET YALUE OF THE RECYCLABLE MATERIALS (NET OF PROCESSING FEES). ALL DISPOSAL TIP FEES ARE SUBJECT TO ANNUAL 66 66% I. PI. INCREASES. AFTER 3 YEARS ALL DISPOSAL TAXES INCLUDE FRANCHISE (8%).AND AB939(2%) CREDIT CARDS SERYICES ARE OmRED FOR ALL ROLL-OFF SERYICES. ON ACCOUNT. WITH A $5 00 SERYICE FEE Pc"P~,dbyAI¡;,dW~"9/[4IOI EXIUBIT G P"" ..-.....----...... ----.---...--. EXHIBIT G YEAR "" RATE SCHEDULE RATE TABLE EFFECTlVEO~I." CHULA YISTA FRANCHISE MAXIMUM RATES "" NEW"" RATES SERVICE lYPE, BASE RECYCLING AUl"OMATlDN SERVICE Dth" RATES Adj.,..,., JIG" 64G.1 "G,I 64+%"" S,,"'.. D. MISCEII ANEOIIS EOIIIPMENT AND SERVICE RATES. COMMERCIAL, LOCK ON TRASH BIN 5.00 5.00 CONTAINER EXCHANGE AFTER COMPLIMENTARV ANNUAL 49.SO 49.SO EXCHANGE (PLEASE GIVE 30 OA V NOTICE FOR REQUESTS) COMMERCIAL IUNK PICKUP PER ITEM 25.00 25.00 DEOOORIZING PER CONTAINER 6.00 6.00 GREEN WASTE RECVCLING I X I/WEEK 51.SO ".SO IX2/WEEK 103.00 103.00 IXI/BI.WEEKLV 27.75 27.75 COMMERCIAL RECVCLlNG IX I¡WEEK 25.00 25.00 (I-WOCONTAINER) IXI/BI-WEEKLV 21.00 21.00 COMMERCIAL NON-HOSPITALITY IX I/WEEK 18.00 18.00 (UP T04-96GALCARTS} IXI/BI-WEEKLV IS.OO IS.OO REPLACEMENT 3VOCONTAINER OUE TO REPEATED CUSTOMER 600.00 600.00 ABUSE EXTRA CHARGE FOR PERSONALIZED CONTAINER PURCHASE RESIDENTIAL, CART RENTALS 6 MONTH MINIMUM SOLID WASTE CONTAINER RENTALS (1.1 IOGALLONCONTAINER$) 2.00 ('.00) GREEN WASTE CONTAINER RENTALS (1.1 IOGALLONCONTAINERS) 1.00 1.00 TEMPORARY 3 YO CONTAINER AT RESIDENTIAL UNIT I2S.00 "5.00 INCLUDES I DUMP AND A JO OAY TIME LIMIT ON CONTAINER CALL BACK SERVICE CHARGE (AT CUSTOMER REQUEST) 10.00 10.00 SUPPLEMENTAL REFUSE PLASTIC BAGS 32 GALLON BAGS ('150 EA) -10 BAG PACK IS.OO IMPROPER SET OUT FEE 3.00 5.00 10.00 SDLlO WASTE SERVICE NON-COMPLIANCE FEE (IMPDSEDBVCITYSTAFF) 10.00 10.00 REPLACEMENT '5GAL CART DUE TO REPEATED CUSTOMER 75.00 75.00 ABUSE INDUSTRIAL, COMPACTOR CONTAINER WASH-OUT 75.00 75.00 RELOCATION OF CONTAINER 75.00 75.00 DRY RUN CHARGE BULKV PICKUP COST ¡ PER ITEM '-00 '-00 OVERAND ABOVE THE MAXIMUM ALLDWAB" PlCKUes UNDeR THE MUL TI.FAMIL Y PROGRAMS E. OPTIONAl SERVICES NOT SITBIECTTO FRANCHISE FEES: STORAGE VANS MONTHLY RENTAL 107.78 10m DELIVERV CHARGE 28.36 28.36 REMOVAL CHARGE 28.36 28.36 LA VAL LOCK 85.09 85.09 NOTE, P"p~,dbyAlb"'W~"9Il'1'" EXHIBITG P..,3 _H-.H.'-.. H___H.._.._...__H CITY OF CHULA YISTA RATE TABLE EFFECTIYE09.1.01 COMMERCIAL TRASII RATES ,YO CONTAINER SERYlCE RECYCLING NEW CURRENT INCENTIVE RATE WITH RATE 0.41 RECYCLING RATE ' WKLY YARDS ASOF PER YO INCENTIVE LEYEL BINS LIFTS IMO 07/01/01 BASIS SERYICE ] ] 9 73.17 (16.11) 57.06 EXPANDED SERV ] ] 9 83.96 (16.11) 67.85 BASIS SERV]CE ] 2 17 130.24 7.10 137.34 EXPANDED SERV ] 2 !7 149.56 710 156.66 BASIS SERVICE I 3 26 183.52 10.65 194.17 EXPANDED SERV I 3 26 212.44 10.65 223.09 BASIS SERVICE I 4 35 242.05 14.20 256.25 EXPANDEDSERV I 4 )5 277.61 14.20 291.81 BASIS SERVICE ] 5 43 298.36 17.75 316.11 EXPANDED SERV ] 5 4J 342.94 17.75 360.69 BASIS SERVICE ] 6 52 356.97 21.30 378.27 EXPANDED SERV ] 6 52 414.34 21.30 435.64 BASIS SERVICE I 7 61 421.93 24.85 446.78 EXPANDED SERV I 7 61 481.96 24.85 506.81 BASIS SERVICE 2 ] 17 137.18 7.10 144.28 EXPANDEDSERV 2 I !7 160.65 7.10 167.75 BASIS SERV]CE 2 2 35 254.78 14.20 268.98 EXPANDED SERV 2 2 35 281.24 14.20 295.44 BASIS SERVICE 2 3 52 347.47 21.30 368.77 EXPANDED SERV 2 ) 52 389.77 21.30 411.07 BASIS SERVICE 2 4 69 453.20 28.40 481.6 EXPANDED SERV 2 4 69 505.73 28.40 534.13 BASIS SERV]CE 2 5 87 566.65 35.51 602.16 EXPANDED SERV 2 5 87 617.24 35.51 652.75 BASIS SERV]CE 2 6 ]04 688.44 42.61 731.05 EXPANDED SERV 2 0 104 750.19 42.61 792.8 BASIS SERVICE 2 7 121 810.23 49.71 859.94 EXPANDED SERV 2 7 121 876.38 49.71 926.09 BASIS SERVICE 3 ] 26 199.40 10.65 210.05 EXPANDED SERV ) , 26 235.59 10.65 246.24 BASIS SERVICE ) 2 52 356.03 21.30 377.33 EXPANDED SERV 3 2 52 402.79 21.30 424.09 BASIS SERVICE ] ] 78 498.07 31.96 530.03 EXPANDED SERV 3 3 78 602.27 31.96 634.23 BASIS SERV'CE 3 4 104 663.14 42.61 705.75 EXPANDED SERV 3 4 104 723.84 42.61 766.45 BASIS SERVICE 3 5 130 827.92 53.26 881.18 EXPANDED SERV ) 5 130 892.07 53.26 945.33 BASIS SERV]CE ) 6 156 1,019.95 63.91 1083.86 EXPANDED SERV ) 6 156 1,047.47 63.91 1111.38 RASIS SERVICE J 7 '" 1,225.44 74.56 1300 EXPANDED SERV J 7 '" 1,259.39 74.56 1333.95 --_. .---.--.- ClTYOFCIIULAVISTA IIATETABLE EFFECTIVE ".I.O! COMMERCIAL TRASH RATES 'VD CONTAINER SERVICE RECYCLING NEW CURRENT INCENTIVE RATE WITH RATE 0.41 RECVCLlNG RATE ' WKLV VARDS AS OF PER YO INCENTIVE LEVEL BINS LIFTS IMP 07/01101 BASIS SERVICE 4 I ]5 262.20 14.20 276.4 EXPANDED SERV 4 I 35 308.31 14.20 322.51 BASIS SERVICE 4 2 69 454.92 28.40 483.32 EXPANDED SERV 4 2 69 51428 28.40 542.68 BASIS SERVICE 4 3 104 656.30 42.61 698.9] EXPANDEDSERV 4 1 104 729.60 42.6] 7722] BASIS SERVICE 4 4 139 891.36 56.8] 948.17 EXPANDED SERV 4 4 139 932.97 56.8] 989.78 BASIS SERVICE 4 5 173 ].131.29 71.0] 1202.3 EXPANDED SERV 4 5 171 ],]48.46 71.0] ]2]9.47 BASIS SERVICE 4 6 208 ],371.7] 85.2] 1456.92 EXPANDED SERV 4 6 208 ],433.29 85.2] ]518.5 BASIS SERVICE 4 7 242 ].611.85 99.42 17] 1.27 EXPANDED SERV 4 7 242 ],673.35 99.42 ]772.77 BASIS SERVICE 5 I 41 3223] ]7.75 34006 EXPANDED SERV 5 I 41 378.29 17.75 396.04 BASIS SERVICE 5 2 ,, 578.5] 35.5] 6]4.02 EXPANDED SERV 5 2 87 63355 35.51 669.06 BASIS SERVICE 5 3 110 839.72 53.26 892.98 EXPANDED SERV 5 1 130 849.49 53.26 902.75 BASIS SERVICE 5 4 173 1,109.68 71.01 1]80.69 EXPANDEDS"RV 5 4 173 1,144.06 71.01 ]215.07 BASIS SERVICE 5 5 217 ],37256 8877 ]461.33 EXPANDED SERV 5 5 217 1,491.85 88.77 ]580.62 BASIS SERVICE 5 6 260 1,640.58 106.52 ]747] EXPANDEDSERV 5 6 260 1,802.13 106.52 1908.65 BASIS SERVICE 5 7 303 1,957.9] 124.27 2082.18 EXPANDEDSERV 5 7 303 1,992.63 ]24.27 2] 16.9 BASIS SERVICE 6 I 52 3823] 21.30 403.6] EXPANDEDSERV 6 , 52 448.90 21.30 470.2 BASIS SERVICE 6 2 104 691.82 42.6] 734.43 EXPANDED SERV 6 2 104 743.]3 42.6] 785.74 BASIS SERVICE 6 1 156 996.19 63.9] ]060.] EXPANDED SERV " , '56 ],047.30 63.9] I II 1.2] BASIS SERVICE 6 4 208 ],295.58 85.21 1380.79 EXPANDED SERV 6 4 208 1,375.54 85.2] ]460.75 BASIS SERVICE 6 S '60 1,59R.39 ]06.52 1704.9] EXPANDED SERV 6 5 260 1,744.89 ]06.52 1851.4] BASIS SERVICE 6 6 312 ],9]6.38 ]27.82 2044.2 EXPANDED StRV 6 6 312 2,]46.0] ]27.82 2273.83 BASIS SERVICE 6 7 364 2,254.56 ]49.13 2403.69 EXPANDED SERV 6 7 364 2,492.90 ]49.13 2642.03 - /7~/ / --- ------- CITY OF mULA VISTA RATE TABLE EFFECTIVE 09.I.OJ COMMERCIAL TRASH RATES 2YD CONTAINER SERVICE RECYCLING NEW CURRENT INCENTIVE RATE WITH RATE 0.41 RECYCLING RATE # WKLY YARDS AS OF PER YD INCENTIVE LEVEL BINS LIFTS IMO 07/01/01 BASIS SERYICE 7 I 61 446.04 24.85 470.89 EXPANDED SERV 7 I 61 523.73 24.85 548.58 BASIS SERVICE 7 2 121 807.14 49.71 856.85 EXPANDED SERV 7 2 121 866.99 49.71 916.7 BASIS SERVICE 7 3 "2 1,162.21 74.56 1236.77 EXPANDED SERV 7 3 182 1,221.83 74.56 1296.39 BASIS SERVICE 7 4 242 1,511.51 99.42 1610.93 EXPANDED SFRV 7 4 242 1,604.81 99.42 1704.23 BASIS SERYICE 7 5 303 1,864.79 124.27 1989.06 EXPANDED SERY 7 5 303 2,035.72 124.27 2159.99 BASIS SERVICE 7 6 3<,' 2,235.76 149.13 2384.89 EXPANDED SERY 7 6 364 2,503.67 149.13 2652.8 BASIS SERVICE 7 ) '24 2,630.31 173.98 2804.29 EXPANDEDSERY 7 7 424 2,908.39 173.98 3082.37 / CITY OFCHBLA VISTA RATE TABLE EFFECTIVE O'.I.OJ COMMERCIAL TRASH RATES WD CONTAINER SERVICE RECYCLING NEW CURRENT INCENTIVE RATE WITH RATE 041 RECYCLING RATE # WHLV VARDS AS OF PER VD INCENTIVE LEVEL BINS LIFTS IMO 07/01/01 BASIS SERVICE I I I) 77.38 77.38 EXPANDED SERV I I I) 89.12 89.12 BASIS SERVICE I 2 26 142.97 10.65 153.62 EXPANDED SERV I 2 2ó 164.18 10.65 174.83 BASIS SERVICE I 3 ]9 20147 15.98 21745 EXPANDED SERV I ] N 233.21 15.98 249.19 BASIS SERVICE I 4 52 265.73 21.30 287.03 EXPANDED SERV I 4 52 304.78 21.30 326.08 BASIS SERVICE I 5 G5 327.53 26.63 354.16 EXPANDED SERV I 5 65 37648 26.63 403.11 BASIS SERVICE I 6 78 391.90 31.96 423.86 EXPANDED SERV I 6 78 454.88 31.96 486.84 BASIS SERVICE I 7 91 46320 37.28 50048 EXPANDED SERV I 7 91 529.10 37.28 566.38 BASIS SERVICE 2 I 26 150.60 10.65 161.25 EXPANDED SERV 2 I 2ó 176.36 10.65 187.01 BASIS SERVICE 2 2 52 279.70 21.30 301 EXPANDED SERV 2 2 52 308.76 21.30 330.06 BASIS SERVICE 2 1 78 38148 31.96 413.44 EXPANDED SERV 2 1 78 42788 31.96 459.84 BASIS SERVICE 2 4 104 497.54 42.61 540.15 EXPANDED SERV 2 4 104 555.22 42.61 597.83 BASIS SERVICE 2 5 130 622.07 53.26 675.33 EXPANDED SERV 2 5 1)0 677.63 53.26 730.89 BASIS SERVICE 2 6 156 755.78 63.91 819.69 EXPANDED SERV 2 6 156 823.59 63.91 887.5 BASIS SERVICE 2 7 182 889.49 74.56 964.05 EXPANDED SERV 2 7 182 962.11 74.56 1036.67 BASIS SERVICE 3 I J9 218.91 15.98 234.89 EXPANDED SERV ] I 39 258.65 ]5.98 274.63 BASISSERV,"E ] 2 78 390.87 31.96 422.83 EXPANDEDSERV 3 2 78 442.19 31.96 474.15 BASIS SERVICE 3 3 117 546.80 47.93 594.73 EXPANDED SERV ) ] 117 661.18 47.93 709.11 BASIS SERVICE ] 4 156 728.03 63.91 791.94 EXPANDED SERV ] 4 156 794.64 63.91 858.55 BASIS SERVICE 3 5 195 908.92 79.89 988.81 EXPANDED SERV 3 5 195 979.34 79.89 1059.23 BASIS SERVICE J 6 2J4 1.119.72 95.87 1215.59 EXPANDED SERV 3 6 234 1,149.93 95.87 1245.8 BASIS SERVICE 3 7 273 1,345.32 111.84 1457.16 EXPANDED SCRV 1 7 m 1)82.59 111.84 1494.43 / -..--...----" .-- ------ CITY OFCHOLA YISTA RATE TABLE EFFECTIYE 09-1.01 COMMERCIAL TRASH RATES ]YD CONTAINER SERYICE RECYCLING NEW CURRENT INCENTIVE RATE WITH RATE 0.41 RECYCLING RATE ' WKLY YARDS AS OF PER YD INCENTIVE LEVEL 8INS LIFTS IMO 07/01101 BASIS SERVICE 4 I 52 287.84 21.30 309.14 EXFANDED SERv 4 I 52 338.46 21.30 359.76 BASIS SERVICE 4 2 104 499.43 42.61 542.04 EXPANDED SERV 4 2 104 564.59 42.61 607.2 BASIS SERVICE 4 1 "6 720.52 63.91 784.43 EXPANDED SERV 4 1 "6 800.98 63.91 864.89 BASIS SERVICE 4 4 208 978.56 85.21 1063.77 EXPANDED SERV 4 4 208 1,024.24 85.21 1109.45 BASIS SERVICE 4 5 260 1,241.97 106.52 1348.49 EXPANDED SERV 4 5 "" 1,260.81 106.52 1367.33 BASIS SERVICE 4 6 312 1,505.91 127.82 1633.73 EXPANDED SERV 4 6 312 1,573.51 127.82 1701.33 BASIS SERVICE 4 7 >64 1,769.54 149.13 1918.67 EXPANDED SERV 4 7 )64 1,837.03 149.13 1986.16 BASIS SERVICE 5 I 65 353.84 26.63 380.47 EXPANDED SFRY 5 I 65 415.30 26.63 441.93 BASIS SERVICE 5 2 130 635.1 I 53.26 688.37 EXPANDED SFRV 5 2 DO 695.56 53.26 748.82 BASIS SERVICE 5 ) 195 921.88 79.89 1001.77 EXPANDED SERV 5 ] 195 932.61 79.89 1012,5 BASIS SERVICE 5 4 260 1,218.24 106.52 1324.76 EXPANDED SERV 5 4 260 1,25597 106.52 136249 BASIS SERVICE 5 5 ]25 1,506.85 133.15 1640 EXPANDED SFRY 5 5 325 1,637.80 133.15 1770.95 BASIS SERVICE 5 6 390 1,801.07 159.78 1960.85 EXPANDED SERV 5 6 ]90 1,978.43 159.78 2138.21 BASIS SERVICE 5 7 455 2,149.43 186.41 2335.84 EXPANDED SERV 5 7 455 2,187.56 186.41 2373.97 "ASISSERVlCE 6 I 78 419.71 31.96 451.67 EXPANDED SPRY 6 I 78 492.83 31.96 524.79 BASIS SERVICE 6 2 "6 759.51 63.91 823.42 EXPANDED SERV 6 2 "6 815.82 63.91 879.73 BASIS SERVICE 6 1 2J4 1,093.66 95.87 1189.53 EXPANDED SCRV 6 1 214 1,14975 95.87 1245.62 BASIS SERVICE 6 4 112 1,422.32 127.82 1550.14 EXPANDED SERV 6 4 Jl2 1,510.10 127.82 1637.92 BASJSSERVICE 6 5 190 1,754.77 159.78 1914.55 EXPANDED SERV 6 5 390 1,915.60 159.78 2075.38 BASIS SERVICE 6 6 468 2,103.84 191.73 2295.57 EXI'ANDED SCRV <, <, 468 2,355.96 191.73 2547.69 BASIS SERVICE 6 7 54<, 2,475.1 I 223.69 2698.8 EXPANDEDSERV 6 7 546 2,736.77 223.69 2960.46 ,,-..,,-- '---""'-""'---"""" CITY OF CIIOLA VISTA RATE TABLE EFFECTIVE onol COMMERCIAL TRASH RATES ,YO CONTAINER SERVICE RECYCLING NEW CURRENT INCENTIVE RATE WITH RATE 0.41 RECYCLING RATE ' WKLY YARDS AS OF PER YO INCENTIVE LEYEL BINS LIFTS IMO 07/01/01 BASIS SERVICE I I 17 109.15 7.10 116.25 EXPANDED SERV I I 17 124.98 7.10 132.08 BASIS SERVICE I 2 15 188.74 1420 202.94 EXPANDED SERV I 2 J5 216.75 14.20 230.95 BASIS SERVICE I 3 52 265.98 21.30 287.28 EXPANDED SERV I 3 52 307.88 21.30 329.18 BASIS SERVICE I 4 60 350.80 28.40 379.2 EXPANDED SERV I 4 69 402.36 28.40 430.76 BASIS SERVICE I 5 87 432.39 35.51 467.9 EXPANDED SERV I 5 "' 497.01 35.51 532.52 BASIS SERVICE I 6 104 517.35 42.61 559.96 EXPANDED SERV I 6 104 600.50 42.61 643.11 BASIS SERVICE I 7 121 611.48 49.71 661.19 EXPANDED SERV I 7 121 698.49 49.71 748.2 BASIS SERVICE 2 I 35 198.81 14.20 213.01 EXPANDED SFRV 2 I 35 232.83 1420 247.03 BASIS SERVICE 2 2 69 369.23 28.40 397.63 EXPANDED SERV 2 2 ',9 407.60 28.40 436 BASIS SERVICE 2 .I W4 503.60 42.61 546.21 EXPANDED SERV 2 J 104 564.87 42.61 607.48 BASIS SERVICE 2 4 139 656.82 56.81 713.63 EXPANDED SFRV 2 4 1]9 732.96 56.81 789.77 BASIS SERVICE 2 5 173 821.22 71.01 892.23 EXPANDED SERV 2 5 171 89455 71.01 965.56 BAS!SSERVICE 2 " 208 997.72 85.21 1082.93 EXPANDED SERV 2 " "" 1 ,087.24 85.21 1 172.45 BASIS SERVICE 2 7 242 1,174.25 99.42 1273.67 EXrANDEDSERV 2 7 24' 1,270.12 99.42 1369.54 BASIS SERVICE J I ,, 288.99 21.30 310.29 EXI'ANDEDSERV ] I 52 34144 21.30 362.74 BASISSERV[CE ] 2 [04 515.99 42.61 558.6 EXPANDED SERV ] 2 [04 583.75 42.61 626.36 BASIS SERVICE J ] 156 721.84 6391 785.75 EXPANDED SERV ] 1 156 872.86 63.91 936.77 BASIS SERVICE ] 4 208 961.07 85.21 1046.28 EXPANDED SERV 3 4 208 1,049.03 85.21 1134.24 BASIS SERVICE ] 5 260 1,199.87 106.52 1306.39 EXPANDED SERV 3 5 200 1,292.83 106.52 1399.35 BASISSERV[CE 3 6 312 1,478.19 127.82 1606.01 EX['ANDED SERV J 6 312 1,518.06 127.82 1645.88 BASIS SERVICE 3 7 364 1,77600 149.13 1925.13 EXPANDED SERV ] 7 364 1,825.22 149.13 1974.35 / ..---.-..--.. CITY OF CAULA YIST A RATE TABLE EFFECTIYE 09.1-01 COMMERCIAL TRASH RATES 4YO CONTAINERSERYICE RECYCLING NEW CURRENT INCENTIVE RATE WITH RATE 0.41 RECYCLING RATE # WKLY YARDS AS OF PER YO INCENTIVE LEYEL BINS LIFTS IMO 07/01101 BASIS SERVICE 4 I 09 379.99 28.40 408.39 EXPANDED SERV 4 I 69 446.83 28.40 475.23 BASIS SERVICE 4 2 139 659.32 56.81 716.13 EXPANDED SERV 4 2 139 745.33 56.81 802.14 BASIS SERVICE 4 3 208 951.17 85.21 1036.38 EXPANDED SERV 4 3 208 1,057.39 85.21 1142.6 BASIS SERVICE 4 4 277 1,291.84 113.62 1405.46 EXPANDEDSERV 4 4 277 1,352.14 113.62 1465.76 BASIS SERVICE 4 5 346 1,639.56 142.02 1781.58 EXPANDED SERV 4 5 346 1,664.43 142.02 1806.45 BASIS SERVICE 4 6 416 1,987.99 170.43 2158.42 EXPANDED SERV 4 6 416 2,077.24 170.43 2247.67 BASIS SERVICE 4 7 485 2,336.02 198.83 2534.85 EXPANDED SERV 4 7 485 2,425.14 198.83 2623.97 BASIS SERVICE 5 I 87 467.1 I 35.51 502.62 EXPANDEDSERV 5 I 87 548.25 35.51 583.76 OASIS SERVICE 5 2 173 838.43 71.01 909.44 EXPANDED SERV 5 , 173 918.18 71.01 989.19 BASIS SERVICE 5 ] 260 1,217.01 106.52 1323.53 EXPANDED SERV 5 3 26U 1,231.16 106.52 133 7.6 8 BASIS SERVICE 5 4 346 1,608.23 142.02 1750.25 EXPANDED SERV 5 4 346 1,658.06 142.02 1800.08 BASIS SERVICE 5 5 433 1,989.23 177.53 2166.76 EXPANDED SERV 5 5 4B 2,162.09 177.53 2339.62 BASIS SERVICE 5 6 520 2,377.65 213.04 2590.69 EXPANDED SERV 5 6 520 2,611.79 213.04 2824.83 BASIS SERVICE 5 7 606 2,837.53 248.54 3086.07 EXPANDED SERV 5 7 606 2,887.87 248.54 3136.41 BAS!SSERVICE 6 I 104 55408 42.61 596.69 EXPANDEO'ERV 6 I 104 650.58 4261 693.19 BASIS SERVICE 6 2 208 1,002.66 85.21 1087.87 EXPANDED SERV 6 2 208 1,077.01 85.21 1162.22 BASIS SERVICE 6 3 Jl2 1,44375 127.82 1571.57 EXPANDED SERV 6 1 JI2 1,517.82 127.82 1645.64 BASIS SERVICE 6 4 416 1,877.65 170.43 2048.08 EXPANDED SERV ó , '16 1,993.55 170A3 2163.98 BASIS SERVICE ó 5 520 2,316.54 213.04 2529.58 EXPANDEDSERV " 5 520 2,528.83 213.04 2741.87 BASIS SERVICE ó Ó ó24 2,777.35 255.64 3032.99 EXPANDED SERV 6 ó 624 3,110.16 255.64 3365.8 BASIS SERVICE G 7 m 3,267.4 7 298.25 3565.72 EXPANDED SERV ó 7 m 3,612.89 298.25 3911.14 - . -- - ----..-----.-----. CITY OF CHULA VISTA RATE TABLE EFFECTIVE 09-1-01 COMMERCIAL TRASH RATES 4YD CONTAINER SERVICE RECYCLING NEW CURRENT INCENTIVE RATE WITH RATE 0.41 RECYCLING RATE # WKLY YARDS AS OF PER YD INCENTIVE LEVEL BINS LiFTS IMO 07/01/01 BASIS SERVICE 7 I 121 646.42 49.71 696.13 EXPANDED SERV 7 I 121 759.02 49.71 808.73 BASIS SERVICE 7 2 242 1,169.77 99.42 1269.19 EXPANDED SERV 7 2 242 1,256.50 99.42 1355.92 BASIS SERVICE 7 1 164 1,684.38 149.13 1833.51 EXPANDED SERV 7 3 364 1,770.80 149.13 1919.93 BASIS SERVICE 7 4 485 2,190.59 198.83 2389.42 EXI'ANDED SERV 7 4 485 2,325.79 198.83 2524.62 BASIS SERVICE 7 5 606 2,70262 248.54 2951.16 EXPANDED SERV 7 5 606 2,950.3] 248.54 3198.85 BASIS SERVICE 7 6 727 3,240.25 298.25 3538.5 EXPANDED SERV 7 I, 727 3,62H.53 298.25 3926.78 BASIS SERVICE 7 7 8" 3,812.05 347.96 4160.01 EXPANDED SERV 7 7 84'1 4,215.04 34796 4563 17-17 ,-",,-,--'. .--------'-....'--.--- CITY OF CHULA VISTA RATE TABLE EFFECTIVE 09-1.01 COMMERCIAL TRASII RATES 'VD CONTAINER SERVICE RECYCLlN( NEW CURRENT INCENTIVE RArE WITH RATE 0.41 RECYCLING RATE . WKLY YARDS AS OF PER YO INCENfiVE LEVEL BINS LIFTS ¡MO 07/01/01 BASIS SERVICE I I 22 13642 888 145.3 EXPANDED SFRV I I 22 156.24 888 165.12 BASIS SERVICE I 2 43 235.93 17.75 253.68 EXPANDED SERV I 2 43 27094 1775 28869 BASIS SERVICE I 3 65 332.48 26.63 359.1 I EXPANDED SERV I J 65 384.85 2663 411.48 BASIS SERVICE I 4 87 43852 3551 474.03 EXPANDED SERV I 4 87 502.95 35.51 538.46 BASIS SERVICE I 5 108 54048 4438 584.86 EXPANDED SERV I 5 108 621.27 44.38 665.65 BASIS SERVICE I 6 130 646.70 53.26 699.96 EXPANDED SERV I 6 130 750.63 53.26 803.89 BASIS SERVICE I 7 152 764.36 6214 826.5 EXPANDED SERV I 7 152 873 II 6214 935.25 BASIS SERVICE 2 I 4J 248.52 17 75 266.27 EXPANDED SERV 2 I " 291.02 17.75 308.77 BASIS SERVICE 2 2 87 461.53 3551 49704 EXPANDED SERV 2 2 87 509.51 35.51 54502 BASIS SERVICE 2 3 130 629.49 53.26 682.75 EXPANDED SERV 2 3 130 70608 53.26 75934 BASIS SERVICE 2 4 171 82101 7101 892.02 EXPANDED SERV 2 4 173 91619 7101 987.2 BASIS SERVICE 2 5 217 1,026.51 88.77 1115.28 EXPANDED SCRV 2 5 217 1,118.19 88.77 1206.96 BASIS SERVICE 2 6 260 1,24715 10652 135367 EXPANDED SERV 2 6 21,0 1,35904 10652 146556 BASIS SERVICE 2 7 303 1,467.82 124.27 1592.09 EXPANDED SERV 2 7 303 1,58765 124.27 1711.92 BASIS SERVICE 3 I 65 361.23 2663 387.86 EXPANDEDSERV 3 I 65 42679 2663 45342 BASISSERVICE 3 2 130 644.99 53.26 698.25 EXPANDED SERV 3 2 "" 729.69 53.26 782.95 BASIS SERVICE 3 3 195 902.32 79.89 98221 EXPANDED SERV 3 ] 195 1,09106 7989 117095 BASISSERVICE 3 4 260 1,20133 10652 1307.85 EXPANDED SERV 1 4 260 1,311.29 106.52 1417.81 BASIS SERVICE 3 , m 1,49985 13315 1633 EXPANDED SFRV 1 , m 1,61606 133.15 1749.21 BASIS SERVICE 3 6 390 1,84773 15978 2007.51 EXPANDED SERV 1 6 '"0 1,897.57 15978 2057.35 BASISSERVICE 3 7 455 2,21 999 18641 24064 EXPANDED SERV 1 7 455 2,28153 18641 246794 BASIS SERVICE 4 I 87 47498 3551 51049 EXPANDED SERV 4 I 87 558.54 35.51 594.05 BASIS SERVICE 4 2 173 82413 71 01 89514 EXPANDED SERV 4 2 173 931.67 nOI 1002.68 / .__.~--_._-- CITY OF CIIOLA YISTA RATE TABLE EFFEmYE 09.1.01 COMMERCIAL TRASH RATES SYD CONTAINER SERYICE RECYCLING NEW CURRENT INCENTIVE RATE WITH RATE 041 RECYCLING RATE . WKLY YARDS AS OF PER YO INCENTIVE LE"OL VlNS LIFTS IMO 07/01101 BASIS SERVICE , , 260 1,18897 106.52 1295.49 EXPANDED SERV 4 , 260 1,32173 10652 1428.25 BASIS SERVICE , , 346 1,614.80 142.02 1756.82 EXPANDED SCRV 4 4 346 1,69018 142.02 18322 BASISSERVICE 4 \ m 2,049.45 177 53 222698 EXPANDED SERV 4 \ m 2,08055 177.53 225808 BASIS SERVICE 4 (, \20 2,48499 213.04 2698.03 EXPANDED SERV , ¡, \20 2,59653 21304 280957 BASISSERVlCE , 7 606 2,920.03 248.54 316S.57 EXPANDED SERV , 7 606 3,031.43 24854 327997 BASIS SERVICE \ I 108 583.90 4438 628.28 EXPANDED SERV j I 108 685 31 44.38 72969 BASIS SERVICE , 2 2!7 I,O4S04 88.77 113681 EXPANDED SERV 5 2 2!7 1,147.73 88.77 12365 BASIS SERVICE 5 ] J25 1,521.23 13315 1654.38 EXPANDED SERV 5 , J25 1,53895 133.15 16721 BASISSERVlCE 5 , m 2,01030 177.53 2187.83 EXPANDED SERV 5 , m 2,072 58 17753 225011 BASIS SERVICE 5 \ '41 2,48653 221.91 2708.44 EXPANDED SERV \ \ 541 2,702.62 221.91 2924.53 BASIS SERVICE \ 6 ¡,50 2,97206 26630 3238.36 EXPANDED SERV \ 6 650 3,264 74 266.30 353104 BASIS SERVICE \ 7 758 3,546.90 31068 3857.58 EXPANDED SI'RV , 7 N 3,609 85 31068 392053 BASIS SERVICE 6 I IJ" 692 59 5326 74585 EXPANDED SCRV 6 I IJO 81323 53.26 86649 BASIS SERVICE 6 2 260 1,253.32 10652 1359.84 EXPANDED SCRV 6 2 260 1,34625 106.52 1452.77 BASIS SERVICE 6 3 390 1,804.70 159.78 1964.48 EXPANDED SERV 6 , 300 1,89728 15978 2057.06 BASIS SERVICE 6 4 520 2,347.07 213.04 256011 EXPANDED SERV 6 4 520 2,49194 21304 2704.98 BASIS SERVICE 6 , '50 ',895.66 26630 316196 EXPANDED SERV 6 \ 6.50 3,16105 26630 3427.35 BASISSERVlCE " 6 779 3,47169 319.55 379124 EXPANDED SERV 6 6 779 3,887.70 31955 4207.25 BASIS SERVice 6 7 009 4,084.35 372.81 4457.16 EXPANDED SERV 6 7 909 4,516.13 372.81 4888.94 BASIS SERVICE 7 I '" 808.03 6214 870. I7 EXPANDED SERV 7 I 1S2 94997 62.14 101211 BASIS SERVICE 7 2 30J 1,462.21 124.27 158648 EXPANDED SERY 7 2 30J 1,57063 124.27 1694.9 BASIS SERVICE 7 , 45S 2,105.48 186.41 2291.89 EXPANDED SERV 7 , 45S 2,21349 186.41 2399.9 BASIS SERVICE 7 4 606 2,738.25 248.54 2986.79 EXPANDEDSERV 7 , 606 2,907.26 248.54 3155.8 ... ---,---------. ._---- ClW OFCHULA VISTA RATE TABLE EFFECTIVE ".I.Ot COMMERCIAL TRASH RATES IVD CONTAINER SERVICE RECYCLING NEW CURRENT INCENfiVE RArE WlfH RATE OAI RECYCLING RATE ' WKLV VARDS ASOF PER YO INCENTIVE LEVEL Bms LIFTS IMO 07/01/DI BASIS SERVICE 7 S 7S8 3,37827 310.68 368895 EXPANDED SFRV 7 5 7S8 3,68788 31068 399856 BASIS SERVICE 7 6 909 4,05030 372.81 44231 I EXPANDEDSERV 7 " 909 4,53566 372.81 49D8A7 BASIS SERVICE 7 7 1061 4,765.06 43495 52DO.OI EXPANDED SFRV 7 7 1061 5,26881 43495 5703.76 /7-~O , ,--- .._,..".., ",--"..,,--, CITY OF CIIULA VISTA RATE TABLE EFFECTIYE 09-1-01 COMMERCIAL TRASH RATES 6YO CONTAINER SERVICE RECYCLING NEW CURRENT INCENTIVE RATE WITH RATE 0.41 RECYCLING BAT!, # WKLY VAHDS ASOf PER YO INCENTIVE LEVEL BINS LIFTS IMO 07/01/01 BASIS SERVICE I I 26 163.71 1065 174.36 EXPANDED SERV I I 26 187.48 10.65 198.13 BASIS SERVICE I 2 52 28312 21.30 304.42 EXPANDED SERV I 2 52 325.12 21.30 346.42 BASIS SERVICE I ] 78 398.97 31.96 430.93 EXPANDED SERV I ] 78 461.83 31.96 493.79 BASIS SERVICE I 4 104 526.21 42.61 568.82 EXPANDED SERV I 4 104 603.53 42.61 646.14 BASIS SERVICE I 5 130 648.58 53.26 701.84 EXPANDED SERV I 5 130 745.52 53.26 798.78 BASIS SERVICE I 6 156 776.03 6391 839.94 EXPANDED SERV I 6 156 900.75 63.91 964.66 BASIS SERVICE I 7 "2 917.23 74.56 991.79 EXPANDED SERV I 7 182 1,047.73 74.56 1122.29 BASIS SERVICE 2 I ,, 298.23 21.30 319.53 EXPANDED SERV 2 I 52 349.24 21.30 370.54 BASIS SERVICE 2 2 104 553.83 42.61 596.44 EXPANDED SERV 2 2 104 611.40 42.61 654.01 BASIS SERVICE 2 1 156 755.39 63.91 819.3 EXPANDED SERV 2 3 156 847.30 63.91 911.21 BASIS SERVICE 2 4 208 985.21 85.21 1070.42 EXPANDED SERV 2 4 208 1,099.43 85.21 1184.64 BASIS SERVICE 2 5 260 1,231.83 106.52 1338.35 EXPANDED SERV 2 5 260 1,341.83 106.52 1448.35 BASIS SERVICE 2 6 312 1,496.58 127.82 1624.4 EXPANDED SERV 2 6 312 1,630.86 127.82 1758.68 BASIS SERVICE 2 7 364 1,761.38 149.13 1910.51 EXPANDED SERV 2 7 364 1,905.17 149.13 2054.3 BASIS SERVICE 3 I 78 433.50 31.96 465.46 EXPANDED SERV 3 I 78 512.16 31.96 544.12 BASIS SERVICE 3 2 156 773.98 63.91 837.89 EXPANDED SERV 3 2 156 875.64 63.91 939.55 BASIS SERVICE 3 3 234 1,1182.78 95.87 1178.65 EXPANDED SERV ] 1 234 1,309.28 95.87 1';05.15 BASIS SERVICE 3 4 312 1,441.60 127.82 1569.42 EXPANDED SERV 3 4 312 1,573.56 127.82 1701.38 BASIS SERVICE 1 5 390 1,79981 15978 1959.59 EXPANDED SERV 3 5 390 1,939.27 159.78 2099.05 BASIS SERVICE ) G "" 2,217.26 191.73 2408.99 EXPANDED SERV 1 6 468 2,277.09 191.73 2468.82 BASIS SERVICE 3 7 546 2,664.0 I 223.69 2887.7 EXPANDED SERV 3 7 546 2,73783 223.69 2961.52 .---...-.---. CITY OFClIDLA VISTA RATE TABLE EFFECTIVE ".I.OJ COMMERCIAL TRASH RATES ,YO CONTAINER SERVICE RECYCLING NEW CURRENT INCENTIVE RATE WITH RATE 0.41 RECYCLING RATE # WKLV YARDS AS OF PER YO INCENTIVE LEVEL BINS LIFTS IMO 07/01/01 BASIS SERVICE 4 I 104 569.98 42.61 612.59 EXPANDED SERV 4 I 104 670.25 42.61 712.86 BASIS SERVICE 4 2 208 988.96 85.21 1074.17 EXPANDED SERV 4 2 208 1,118.00 85.21 1203.21 BASIS SERVICE 4 2 312 1,426.77 127.82 1554.59 EXPANDED SERV 4 2 312 1,586.08 127.82 1713.9 BASIS SERVICE 4 4 416 1,937.75 170.43 2108.18 EXPANDED SERV 4 4 416 2,028.21 170.43 2198.64 OASIS SERVICE 4 5 520 2,459.37 213.04 2672.41 EXPANDED SERV 4 5 520 2,496.64 213.04 2709.68 BASIS SERVICE 4 6 624 2,981.99 255.64 3237.63 EXPANDED SERV 4 6 624 3,115.85 255.64 3371.49 BASIS SERVICE 4 7 727 3,504.02 298.25 3802.27 EXPANDED SERV 4 7 727 3,637.72 298.25 3935.97 BASIS SERVICE 5 I 130 700.66 53.26 753.92 EXPANDED SERV 5 I 130 822.38 53.26 875.64 BASIS SERVICE 5 2 20O 1,257.64 106.52 1364.16 EXPANDED SERV 5 2 260 1,377.29 106.52 1483.81 BASIS SERVICE 5 3 390 1,82549 159.78 1985.27 EXPANDED SERV 5 3 290 1,846.73 159.78 2006.51 BASIS SERVICE 5 4 520 2,412.34 213.04 2625.38 EXPANDEDSERV 5 4 520 2,487.10 213.04 2700.14 BASIS SERVICE 5 5 650 2,983.84 266.30 3250.14 EXI'ANDED SERV 5 5 650 3,243.15 266.30 3509.45 BASIS SERVICE 5 , 779 3,566.47 319.55 3886.02 EXPANDED SERV 5 , 779 3,917.69 319.55 4237.24 BASIS SERVICE 5 7 909 4,256.29 372.81 4629.1 EXPANDED SERV 5 7 909 4,331.81 372.81 4704.62 BASIS SERVICE 6 I 156 831.12 63.91 895.03 EXPANDED SERV 6 I 156 975.88 63.91 1039.79 BASIS SERVICE 6 2 312 1,504.00 12782 1631.82 EXPANDED SERV " 2 JI2 1,615.51 127.82 1743.33 BASIS SERVICE 6 3 468 2,16565 191.73 2357.38 EXPANDED SERV 6 2 468 2,276.74 191.73 2468.47 BASIS SERVICE 6 , 624 2,816.49 255.64 3072.13 EXPANDED SERV " 4 624 2,990.33 255.64 3245.97 "ASISSERVlCE 6 5 779 3,474.78 319.55 3794.33 EXPANDED SERV 6 5 779 3,793.26 319.55 4112.81 BASIS SERVICE 6 " 9]5 4,166.03 383.46 4549.49 EXPANDED SERV 6 6 '>35 4,665.25 383.46 5048.71 BASIS SERVICE " 7 1091 4,901.21 447.38 5348.59 EXPANDEDSERV 6 7 1091 5,419.36 447.38 5866.74 I ,,--.-----,-- CITY OFCHULA VISTA RATE TABLE EFFECTIVE 09.1.01 COMMERCIAL TRASH RATES 'YO CONTAINER SERVICE RECYCLING NEW CURRENT INCENTIVE RATE WITH RATE 0.41 RECYCLING RATE ' WKLY YARDS AS OF PER VD INCENTIVE LEnL BINS LIFTS IMO 07/01/01 BASIS SERYICE J I 182 969.62 74.56 1044.18 EXPANDED SERV 7 I 182 1,138.53 74.56 1213.09 BASIS SERYICE 7 2 364 1,754.65 149.13 1903.78 EXPANDED SERY 7 2 364 1,884.76 149.13 2033.89 BASIS SERYICE 7 3 546 2,526.57 223.69 2750.26 EXPANDED SERY J 3 546 2,656.20 223.69 2879.89 BASIS SERVICE 7 4 727 3,285.89 298.25 3584.14 EXPANDED SERV 7 4 727 3,48871 298.25 3786.96 BASIS SERVICE 7 5 009 4,053.91 372.81 4426.72 EXPANDED SERY 7 5 909 4,425.46 372.81 4798.27 BASIS SERVICE 7 G 1091 4,860]6 447.38 5307.74 EXPANDED SFRV 7 t, 10'>1 5,442.80 447.38 5890.18 BASIS SERVICE 7 J 1m 5,718.08 521.94 6240.02 EXPANDED SERV J 7 12JJ 6,322.58 521.94 6844.52 - '" 0 ;¡: £~ ~ ~ '" '" n" r -+~Ï1""'~ () - €.'æøø~;;~ c: a .. 0 " " " ~," Þz ~;:,---@~ ::! 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AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING SERVICES FRANCHISE AGREEMENT WITH PACIFIC WASTE SERVICES PROVIDING FOR (1) A "VARIABLE RATE," UNIT PRICING STRUCTURE FOR RESIDENTIAL SOLID WASTE DISPOSAL AND RECYCLING SERVICES; (2) MODIFYING THE COMMERCIAL/INDUSTRIAL RATE STRUCTURE TO CREATE ADDITIONAL WASTE REDUCTION AND RECYCLING INCENTIVES FOR LARGE COMMERCIAL AND INDUSTRIAL GENERATORS; (3) MAKING OTHER RELATING OR MINOR ADDITIONAL FRANCHISE MODIFICATIONS. WHEREAS, City is a chartered city within the meaning of California Constitution Article 11, Sections 3 and 5 and has reserved its powers pursuant to California Public Resources Code Section 40000 et seq. to grant an exclusive solid waste and recyclable franchise; and WHEREAS, in 1982, pursuant to Article XII of the City Charter and Chapter 8.24 of the Chula Vista Municipal Code, City granted a solid waste disposal franchise ("Original Franchise") to Chula Vista Sanitary Service ("CVSS"); and WHEREAS, since 1982, the Original Franchise has been amended as follows: (1) Ordinance No. 2104, adopted February 28, 1985; (2) Ordinance No. 2332, adopted September 12, 1989; (3) Ordinance No. 2427, adopted December 4, 1990; (4) Ordinance No. 2429, adopted December 11, 1990; (5) Ordinance No. 2475, adopted September 3, 1991; (6) Ordinance No. 2562, adopted July 20, 1993; (7) Ordinance No. 2569, adopted September 21, 1993; and (8) Ordinance No. 2741 adopted August 11, 1998; and WHEREAS, on May 12, 1987, pursuant to City Council Resolution No. 13019, City approved an assigned of the Original Franchise to Laidlaw Waste Systems, Inc. ("Laidlaw"); and WHEREAS, on June 17, 1997, pursuant to City Council Resolution No. 18705, City conditionally approved Laidlaw's assignment of the Original Franchise, as amended, to Pacific. One of the conditions of approval was that Pacific enter into negotiations with City staff regarding various City issues with the franchise prior to September, 1997 when the City was scheduled to consider Pacific's request for a five-year renewal; and -----------...-------.---.-----.--.-----.--- WHEREAS, on August 26, 1997, pursuant to City Council Resolution No. 18763, City approved a month-to-month extension of the Original Franchise pending further City review and consideration of Pacific's requested five-year renewal; and WHEREAS, on August 8, 1998, the City Council approved a franchise renewal with Pacific Waste on the terms and conditions of the current Franchise Agreement; and WHEREAS, effective July 1, 1999 City and Pacific entered into that certain Amended And Restated Solid Waste Disposal And Recycling Franchise Agreement ("Original Agreement"). The Original Agreement modified and extended Pacific's exclusive franchise for solid waste disposal and recycling services ("Franchise") within the City. The City Council approved the Original Agreement on July 13, 1999, pursuant to its adoption of Ordinance No. 2792. WHEREAS, Section 7.3.3 of the Original Agreement required that City and Pacific work together to develop a "Variable Rate Structure" for "Small Quantity Generator" customers based on volume of waste generated and automated service. To the extent possible a Variable Rate Structure was to (1) establish new rates that would not increase Pacific revenues above the then established corresponding revenue Rate base; (2) give Pacific the benefit of operational efficiencies: (3) give City the benefit of avoided disposal; and (4) establish operational and recycling performance milestones that could result in Pacific sharing in the benefits of avoided disposal. The final decision to implement a Variable Rate Structure was subject to City Council approval in its sole discretion. WHEREAS, Pacific and City staff have been negotiating the terms and conditions for a variable Rate Structure since shortly after the approval of those negotiations. These negotiations resulted in the preparation of an amendment to the Franchise ("Amendment"). WHEREAS, this Amendment was considered by the City Council at a properly noticed public hearing on September 18, 2001. Any and all written and oral testimony with respect to the Amendment was heard and considered by the City Council and the City Council approved placement of the Amendment on first reading. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: Section I: The First Amendment to Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement is hereby approved. SECTION II: The Mayor of the City of Chula Vista is hereby authorized to execute the First Amendment Agreement on behalf of the City of Chula Vista in substantially the form presented, with such minor, non- substantive, modifications as may be approved or required by the City Attorney. SECTION III: Staff is hereby authorized and directed to prepare and present to the City Council for approval any and all necessary amendments to Chapters 8.24 and 8.25 of the Chula Vista Municipal Code in order to implement the Variable Rate program provided for in the Amendment. SECTION IV: This ordinance shall take effect and be in full force on the thirtieth day from and after its adop~ion. SECTION V: The City Clerk is hereby directed to publish a summary of this ordinance in a newspaper of general circulation circulated in the City of Chula Vista. Presented by Approved as to form by \:' ì~ ~~ ç¿, C' ì ~~ M~éLl1~~~ Conservation Coordinator /7-,)13 - - ------------- -.-.,,-...-------.-- FIRST AMENDMENT TO AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT This FIRST AMENDMENT TO AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT ("Amendment") is entered into effective as of September 25, 2001 by and between the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("city") and ALLIED WASTE NORTH AMERICA, INC., a Delaware corporation, dba PACIFIC WASTE SERVICES (" Pacific"), with reference to the following facts: A. Effective July 1, 1999 City and Pacific entered into that certain Amended And Restated Solid Waste Disposal And Recycling Franchise Agreement ("Original Agreement"). The Original Agreement modified and extended Pacific's exclusive franchise for solid waste disposal and recycling services ("Franchise") within the City. The City Council approved the Original Agreement on July 13, 1999, pursuant to its adoption of Ordinance No. 2792. B. Except as otherwise expressly provided in the Amendment, the capitalized terms used herein shall have the same meanings ascribed thereto in the Original Agreement. C. Section 7.3.3 of the Original Agreement required that City and Pacific work together to develop a Variable Rate Structure for Small Quantity Generator Solid Waste customers based on volume of waste generated and automated service. To the extent possible a Variable Rate Structure was to (1) establish new rates that would not increase Specific revenues above the then established corresponding revenue Rate base; (2) give Pacific the benefit of operationL efficiencies: (3) give City the benefit of avoided disposal; and (4) establish operational and recycling performance milestones that could result in Pacific sharing the benefits of avoided disposal. The final decision to implement a Variable Rate Structure was subject to city Council approval in its sole discretion. D. Pacific and City staff have been negotiating the terms and conditions for a Variable Rate Structure since shortly after the approval of the Original Agreement. This First Amendment implements the terms and conditions of those negotiations. 1 "DOCNUM.cb,- /7- cl-9 E. This Amendment was considered by the city council at a properly noticed public hearing on September 18, 2001. Any and all written and oral testimony with respect to the First Amendment was heard and considered by the City Council and the city Council approved placement of the First Amendment on first reading. On September 25, 2001, this First Amendment was placed on second reading and adopted pursuant to Ordinance No. - NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge. The Original Agreement is hereby amended to read in full as follows: 1. Computer Underlined/Strikeout Format. Amended and restated sections of the Original Agreement shall be presented in computer underlined/strikeout format in order to highlight changes made. 2. New Definitions. The following Subsections are added to Section 1, Definitions, of the Original Agreement: 1.67. Automated Collection or automation means the Curbside Collection of Solid Waste, Recyclables or Yard Waste in Carts designed to be taken from the gutter or street and transferred into a Collection vehicle completely by mechanical means such as a robotic arm. The mechanical arm also replaces the container at the curb or parkway as designated by the City. 1.68. California Green E Utility Provider Any power generator or broker certified by the state of California to provide, electricity from wind, photovoltaic, small hydro- electric, thermal or other renewable and clean non-fossil fuel sources. 1.69. Clean Fuel Source Vehicle means a vehicle that meets or exceeds the pollution emission performance of a properly equipped and operating compressed natural gas solid waste collection vehicle, operating in conformance with California law. Pollutant emissions to be considered include, but not limited to: particulate matter, nitrous oxide, carbon dioxide and sulfur dioxide emissions as well as any other emissions that are currently regulated or may be regulated by the California Air Resources Board. 2 H:\attorney\trashagt /7-3ð Acceptable clean fuels include: electricity, propane, natural gas, liquid natural gas, hydrogen fuel cells, compressed natural gas, bio- fuel, or equivalent fuels approved by City. 1.70. Semi-automated Collection means the Curbside Collection of Solid Waste, Recyclables or Yard Waste in Carts designed to be connected to a hopper or flipper on collection vehicle by collection personnel. The flipper or hopper does the lifting and transfers the material to the Collection vehicle. The collection personnel must then remove the Cart and return it to the curb or parkway as designated by the City. 1.71. Variable Rate Structure means a program fro Solid waste and Recyclables collection and multiple service Rates for Small Quantity Generators based on volume or units of Solid Waste put out for disposal, as compared to a single flat Rate for unlimited disposal. Initial Rates for the corresponding size of Carts under this Franchise are as follows, $11 for a 32-gallon, $14.25 for a 64-gallon and $16.75 for a 96 gallon Cart. See Section 6.2.27 and Exhibit G. 1.72. Variable Rate Structure Full Implementation Date means December 31, 2002, the date upon which Pacific is obligated to provide Automated Collection with a City- approved Variable Rate Structure to 100% of the City's Small Quantity Generators. See Section 6.2.27. 3. Revisions to Section 6. Subsections 6.2.1, 6.2.3, 6.2.9, 6.2.13, 6.2.24 and 6.2.25 of Section 6, Services to be provided, of the Original Agreement are hereby amended and restated as follows: 6.2.1 Collection Times and Frequency. At least one regular weekly Collection for Solid Waste, Recycling and Yard Waste shall be provided to each Small Quantity Generator and Large Quantity Generator within the City as applicable (except for multi-family Recycling, which shall be at least once every two weeks). Industrial Collection shall be handled on an on-call basis in a manner mutually agreeable to Pacific and individual customers as more specifically provided in Section 6.2.3 below. Pacific shall not collect Solid Waste or Franchised 3 H:lattorneyltrashagt /7-31 Recyclables within a Residential area between the hours of 6:00 p.m. and 6:00 a.m. T~on the earlier of coIpTersion to automated sQr"ice or expansion of the Otay ~aJldfill hours of operation, Pacific shall not collect Solid Waste or Franchised Recyclables (I) within a Residential area between the hours of 6:00 p.m. and 7:00 a.m or (ii) within a Commercial area which is immediately adjacent to a Residential area before 7:00 a.m. Pacific shall complete all routes by the end of the scheduled allowed service day, except in the event of emergency, hazardous weather conditions, natural disaster or other unforeseen circumstances beyond Pacific's reasonable control. With prior written permission of the City Manager, this time frame may be modified. Pacific agrees to meet and confer with City and make a good faith effort to remedy each circumstance where Collection service may be a Nuisance to residents, including but not limited to Commercial Collection adjacent to a Residential dwelling or dwellings. 6.2.3 Containers, Type and Location. By no later than the variable Rate Structure Full Implementation Date Pacific shall purchase and make available to all Small Quantity Generators a choice of three sizes of Refuse Carts with approximate sizes of 32 gallons, 64 gallons and 96 gallons, and a 96 gallon Recycling Cart. All Carts and Refuse Bags, shall be color coded in a manner approved by the city. Pacific shall provide Bins as required for Large Generator (Commercial) and Industrial Generator customers or whenever other customers of Pacific request their use. Each Bin shall be placed in an accessible, outside location according to individual agreements with each customer. Any new or replacement Bins shall be fitted with plastic lids. Bins shall be color-coded as soon as possible, but in not event later than July 1, 2002, Pacific shall color code all Carts, sins and Recycling Soxes as soon as possiQle, Qut in no Q"Qnt later than July 1, 2-MO, in a manner approved by City. At City's election, at the end of the Term, Pacific shall be required to transfer ownership to City and City shall accept all operable Solid Waste, Recycling and Yard Waste Recycling Boxes and Carts which are 5 years old or less (excluding metal containers of one yard capacity or greater) in exchange for City's payment 4 H:lattomeyltrashagt /7~ to Pacific of an amount equal to (I) 90% of the original wholesale purchase cost of all of such containers which are 1 year old or less, (ii) 80% of the original wholesale purchase cost of all of such containers which are between 1 and 2 years old, (iii) 70% of the original wholesale purchase cost of all of such containers which are between 2 and 3 years old, (iv) 60% of the original wholesale purchase cost of all of such containers which are between 3 and 4 years old and (v) 50% of the original wholesale purchase cost of all of such containers which are between 4 and 5 years old. At City's election, at the end of the Term, Pacific shall be required to transfer ownership to City and City shall accept all operable Solid Waste, Recycling and Yard Waste Recycling Boxes and Carts which are 5 years old or greater (excluding metal containers of one yard capacity or greater) at no charge to City. 6.2.9 Single Can Service for Seniors. Pacific shall maintain a reduced price single can program for eligible senior citizens who have established senior rate service prior to October 1, 2001, and who maintain eligibility thereafter. Such service shall have ~ scheduled billing comparable to standard Residential curbside services. 6.2.13 Equipment Specifications and Maintenance. Initially, and throughout the Term, the average age of all Collection vehicles must be not more than six (6) years, the actual age of any Collection vehicle must not be more than eleven (11) years, and all such vehicles must be radio controlled. By no later than the Variable Rate Structure Full Implementation Date, Collection vehicles ~ ~ will be specifically designed and manufactured for mechanized automated Solid Waste, Yard Wallte andlo; Recycling Collection, and for semi-automated or manual Yard Waste Collection. All trucks shall be completely enclosed aU with metal, watertight and capable of withstanding internal fires. Pacific shall utilize ~ a. smaller and lighter ~ Collection vehicles for mobile home parks and special services. Pacific shall clean and wash all trucks at least once each week and shall otherwise keep them clean, neat and in a sanitary condition at all times. All vehicles 5 H:\attorney\trashagt /7- 33 shall be field inspected by someone other than the driver on a regular basis, but not less than quarterly, for solid or liquid leakage. All leaks discovered shall be immediately repaired. Pacific shall paint its name and telephone number on the side of each truck and on all drop bodies and similar equipment in letters not smaller than four inches high or use a decal approved by the City Manager. Each vehicle shall at all times have in the cab, the registration of the truck, certificate of insurance card and an identification card with the name of whom to telephone in case of an accident. Each vehicle shall also be equipped with a five-pound fire extinguisher certified by the State fire marshal, as well as a two-way radio. All graffiti on equipment shall be promptly removed, by no later than 2 weeks after the earlier to occur of Pacific's discovery or City's notice to Pacific thereof. All of Pacific's equipment may be inspected at the discretion of the City Manager or any other appropriate agency at the point of operation at any time. 6.2.24 Clean Fuel Source. Pa(;:ifi(;: shall c;J.euelgp a pilot projegt fgr Cglle(;:tigll. uehi(;:le repla(;:8Jllell.t or (;:gll."ersigll. tg a (;:leall. fuel seruige ill. (;:ogperatigll. with City withill. 180 days WAigh ic;J.ell.tifigs Cglle(;:tigll. uehi(;:les for (;:oll."ersigll. all.d prouides that (;:oll."ersic:m will g(;:(;:ur if City all.d Pagifig (;:all. idell.tif~' gutsic;J.e full.dill.g tg pay fgr (a) tAg ughi(;:le (;:oll."ersioll., (b) ill.(;:remell.tal (;:ost of lI.ew uehicles all.d S costs fgr a (;:ell.trally located fueliRg statigll.. By no later than the Variable Rate Structure Full Implementation Date, Pacific or its Affiliate will prgmptly implømgll.t a program regarc;J.iRg the shall pur(;:hase provide and continuously operate ~ new Clean Fuel Source Collection vehicles (e g , Ii: rated electri(;:ity, propall.e, lI.atural gas, liquic;J. lI.atural gas, hydrggell. fuel cell, CNQ, gr equiualell.t cleall. pgwer all.c;J. fuel sour(;:g)~ for 11.011. Cglle(;:tigll. suppgrt ughi(;:lgs all.d support vehicles and on-site equipment using gasoline or diesel (such as fork lifts or generators)shall be converted to a new Clean Fuel Source vehicles upon replacement. UpOIl. the repla(;:emell.t gf such suppgrt uehicles all.c;J. gll. site equipmell.t Pacific will immediately establish shall maintain service with a California Green E utility provider for its on-site electrical power source 6 H:lattorneyltrashagt /7-# needs at Chula Vista facilities. City shall permit Pacific and its Affiliates to purchase Clean Fuel Source vehicle fuel from City at a price that does not include any profit for City above the City's costs for providing such service. 6.2.25 Co-Mingling. a. Pacific shall not co-mingle Solid Waste, Yard Waste or Recyclables with Solid Waste of any kind from other jurisdictions. Pacific shall separately reflect in its reports Solid Waste or Recyclables collected from other franchises from the Solid Waste or Recyclables collected in the performance of this Franchise. Pacific and City shall meet and confer regarding on- board scales or other such provisions that Pacific may recommend to accurately report the origin of such material. Co-mingling shall be allowed only with prior City approval at City's sole discretion and is anticipated to apply to a limited number of routes where Commercial or Residential developments are divided by two or more jurisdictional boundaries. b. upon Pacific Providing verification acceptable to the City that the Variable Rate Structure has been completed for any Refuse collection vehicle route or routes, on those verified routes only, Pacific shall be authorized to "co-mingled" by collection in one vehicle compartment designated recyclables approved by City collectibles at the curb. 4. New Section 6.2.27. New Subsection 6.2.27 is hereby added to section 6, Services to be provided, of the Original Agreement: 6.2.27 Variable Rate System. a. In General On the terms and conditions set forth below Pacific shall convert the current Small Quantity Generator, Collection system and Rate structure to an Automated Variable Rate Structure program utilizing three basic Refuse Cart sizes, and three corresponding maximum Rates!" Variable Rate System"). b. System Implementation Pacific shall take all reasonable and necessary measures to convert routes serving 50% of all small quantity generators 73- H:lattorneyltrashagt /7- :5 by no later than July 1, 2002. Pacific shall have taken all reasonable and necessary measures to convert and shall have converted routes serving 100% of all Small Quantity Generators by no later than December 31, 2002 ("Variable Rate Structure Full Implementation Date"). c. Carts. and Refuse Baqs. Carts shall be approximately 32-gallons, 64-gallons and 96-gallons and shall be colored coded to contrast with Recycling and Yard Waste Carts. Residents will be eligible for one free cart exchange during their first six months of participation in the Variable Rate program. Thereafter any increase in Cart size will be accompanied by a one time $10 Cart exchange fee. For Each Small Quantity Generator converted to Variable Rates Pacific shall simultaneously exchange the recycling box for a color-coded 96 gallon recycling Cart that will contrast with the' Refuse and Yard Waste Carts. All Small Quantity Generators will all be eligible to purchase supplemental disposal capacity by purchasing a box of specially identified plastic bags for $1.50 each, (to be sold in boxes of approximately ten bags each). Small Quantity Generators that have more than 96-gallons of waste will also have the option of requesting an additional 64-gallon Refuse Cart for $5 per month. These rates are subject to adjustments and special service rates. d. Rates The initial Maximum Rates for the variable Rate System are as follows: $11 per month for the 32-gallon Cart, $14.25 for the 64-gallon cart and $16.75 for a 96-gallon cart. Beginning July 1, 2002, Variable Rate System Maximum Rates shall be subject to future adjustments on the terms set forth in Section 7 hereof. e. True-Up. The initial Maximum Rates for the Variable Rate System rates are based on Pacific and the City's best estimate regarding the number of ratepayers that shall elect to participate in each Cart category. The City and Pacific agree to a one- time "true-up" of Maximum Rates shall be coordinated with the annual rate adjustment six-months after the Variable Rate System Full Implementation Date. The base factors for the "true-up" are attached hereto in H:lattorneyltrashagt /:;-:36 Exhibit I. Except for the estimate already included in the "true-up" i) Pacific shall be entitled to any additional benefit generated from the operational efficiencies of the program, and ii) the City shall be entitled to any additional benefit or the avoided disposal benefit. f. Increases in Large Quantity Generators Rates. Effective as of the first billing cycle following September 25, 2001, Maximum Large Quantity Generator Rates shall be increased in accordance with the revised Rate Schedule attached hereto as Exhibit G. Provided that the 50% implementation obligation is satisfied an additional increase of 41 cents per cubic yard shall be allowed with respect to the Maximum Large Quantity Generators Rates as of July 1. 2002. g. Failure to Implement Variable Rate System. In the event that Pacific fail to achieve 50% implementation of the Variable Rate system by July 1, 2002, in addition to any and all other remedies available to the City for Pacific's default hereunder, the scheduled increase in Large Quantity Generator Maximum Rate under subsection f., above shall be cancelled. In the event that Pacific fails to achieve implementation of the Variable Rate System by December 31, 2002, in addition to any and all other remedies available to the City for Pacific's default hereunder, any and all revenues collected by Pacific as a result of increases in Large Quantity Generator Maximum Rates under subsection f., above shall be reimbursed to Ratepayers and Maximum Rates shall be reduced as of December 31, 2002 to those Maximum Rates that would have be in effect on that date without the subsection f increases. In the event of either failure, subsection f. Maximum Rate increases shall only be allowed upon 100% implementation of the Variable Rate System. City, in its sole discretion, may extend both the 50% and the 100% Variable Rate System implementation dates by up to 90 days upon satisfactory demonstration by Pacific of substantial efforts towards achieving roll-out of the system and evidence that the applicable milestone shall be achieved within the extension period. 9 H;\attorney\trashagt /7-..37 5. Deletion of section 7.3.3. The text of Subsection 7.3.3 of the Original Agreement is hereby deleted in its entirety. The heading shall be retained, followed by the text: Intentionally omitted 6. New Section 7.6.3. New Subsection 7.6.3 is hereby added to Section 7, Rates for Collection and Other Services, of the Original Agreement: 7.6.3 For purposes of implementing this section 7.6 the "median" Small Quantity Generator Rate charged under the Variable Rate System the "median," (Le. the Rate for a container of approximately 64 gallons of Refuse collected once per week with Recyclables and Yard Waste services projected at $14.25 on September 18, 2001) shall be the Rate used for comparison to other San Diego County jurisdictions. 7. Revisions to Section 8 Subsections 8.2.1, 8.2.2, 8.3, 8.4, 8.4.1 and 8.7 of section 8, Recycling Services, are hereby amended and restated as follows: 8.2.1 Small Quantity Generators. Pacific shall collect and remove all Franchised Recyclables that are placed in a Designated Recycling container at the curbside on public streets or Designated Solid Waste, Yard Waste and Recycling Location, from Small Quantity Generators. Pacific shall collect the Franchised Recyclables once each week, regardless of weather conditions. Collection will be on the same day of the week as the regularly scheduled trash Collection day. Pacific and City will mutually agree to any changes in Collection day. Pacific will notify Small Quantity Generators of any changes in the Collection day by distributing a flyer no later than two weeks prior to the affected day. Unless Pacific obtains City's prior written approval, Pacific shall not change the current method of source separated Collection at the curb for Small Quantity Generators for the following materials: (a) news print (ONP) , (b) mixed Residential paper (MRP) , corrugated Cardboard (DCC) , (d) rigid containers, including glass, tin, bi-metal, steel, White Goods, Aluminum, plastic No. 1 and No.2 plastics, motor oil 10 H,\attorney\trashagt /?-ÞB and filters, metal coat hangers and Yard Waste (collectively "Designated Recyclables") . Notwithstanding the foregoing, Pacific shall be authorized to collect from the curbside and co-mingle Designated Recyclables in one vehicle compartment for any route or route(s) for which City has verified, in writing, that Pacific has fully implemented the Variable Rate System. Pacific shall not charge the method for collection for used oil, oil filters and Yard Waste without obtaining City's prior written approval. 8.2.2 Multi-Family Residential. Pacific shall convert all current Multi-family complexes of nine units or less to curbside Recycling Rates and services in accordance with the implementation schedule attached hereto as Exhibit H. All future Multi-family complexes of nine units or less shall be served through curbside Recycling. Mixed Paper Recycling services shall be provided to Multi-family complexes of ten Units or more in accordance with the implementation schedule attached hereto as Exhibit H. Collection will be on regularly scheduled days as shall be arranged with the building property owner, manager or designated agent thereof, with service as needed, but no less than every two weeks. Pacific and City will mutually agree to any changes in Collection schedule frequencies or Removal Frequency. Pacific will notify the building property owner, manager or designated agent thereof, of any changes in Collection day(s) by written notification no later than two weeks prior to the affected day. Unless Pacific obtains City's prior written approval, Pacific shall not change the current method of source separated Collection at the designated Recycling area for Multifamily complexes of 10 or more Units for the following materials: (a) news print (ONP) , (b) mixed Residential paper (MRP) , @ corrugated Cardboard (OCC) , (d) rigid containers, including glass, tin, bi-metal, steel, White Goods, Aluminum, plastic No.1 and No.2 plastics, motor oil and filters, metal coat hangers and Yard Waste. Pacific agrees to meet and confer with the City for the purpose of converting the Multi-family Recycling program from Source Separated Collection to Co-mingled Collection of rigid containers and paper recyclables in a single 11 H:lattorncyltrashagt 1;-39 Bin by no later than one year following the Full Implementation Date of the Variable Rate System. 8.3 Vehicles. Pacific shall convert semi-automated and manual Solid Waste and Recycling Collection vehicles to fully automated vehicles for the purposes of iJnplementing the Variable Rate System for Solid Waste and Co-mingled recycling programs respectively. All vehicles selected shall remain consistent with the other vehicle requirements set for in this Franchise agreement including but not liJnited to Sections 6.2.13, 6.2.22 and 6.2.24. Design of Collection vehicles shall be done to liJnit the contamination and maximize the resale value of collected Franchised Recyclables. Any and all changes to the current method of Collection of Franchised Recyclables, as herein outlined, shall be approved by City in advance, including any changes in the way that the Franchised Recyclables are collected (separated and/or co-mingled), design of vehicles, etc. The current method of Collection and source separation for curbside Recycling is three (3) separate compartments, one (1) each for (i) news print (ONP) , (H) mixed Residential paper (MRP) and corrugated Cardboard (OCC) and (Hi) rigid containers and metal coat hangers. The current method of Collection and source separation for Multi-family Recycling is two (2) separate compartments, one (1) each for (i) news print (ONP) , mixed Residential paper (MRP) and corrugated Cardboard (OCC) and (H) rigid containers and hangers. Notwithstanding the foregoing, this Small Quantity Generator method of Collection and source separation shall no longer apply after the Variable Rate System full iJnplementation date has passed and Pacific has fully automated the Curbside Recycling Program and converted Collection to a single 96 gallon Cart. The Multi-family provision for Collection and source separation shall no longer apply when Pacific has implemented the recycling program that allows co- mingling contemplated by Section 8.2.2 hereof to the satisfaction of the City. Theile two methoQ.1I of ColleçtioR aRQ. lIourçe lIeparatioR IIhall RQ loRger apply ill. the eueRt Paçifiç aRd. City mutually agree UpOR a ço miRgled. automated. lIeruiçe program 8.4 Containers. The type and cost 12~. H :Iattorneyltrashagt /7- 0 of container to be used, or changes of container type shall be approved by City prior to purchase and distribution. Containers may include 32 to 96 gallon Solid Waste, Recycling and Yard Waste Carts, 12 to 24 gallon R8Gy~liRg Boxes, 2 cubic yard Bins or 3 to 8 cubic yard Bins. Each container shall conform to the following: new plastic containers and/or lids shall contain a minimum of 25% post-consumer content recycled plastic, be fire resistant, be of durable quality and warranty, be heat stamped or labeled for commodity, be clearly labeled on the lids and the front facing of the Bin, in Spanish and English (with graphics) as to the Designated Recyclable(s) and "No Trash", and be clearly labeled with Pacific's name and phone number. ** 8.4.1 Small Quantity Generator and Small Quantity Multi-family Generator Curbside. Pacific shall purchase and distribute 96 gallon curbside Recycling ~oRtaiR8rs Carts to be used by each Small Quantity Generator and Small Quantity Multi- family Generator included in the program as necessary to implement the Variable Rate System Curbside recycling boxes that are replaced may be used for Multi-family Generators, schools and other customers as appropriate and approved by City. Pacific shall retain ownership of the Carts ~oRtaiRQrS subject to City's right to purchase set forth in Section 6.2.3 hereof. Each dwelling eligible to participate in the program will receive one container. If Pacific determines that the volume of recyclable material exceeds the capacity of the one container, additional containers shall be provided at no cost to the Generator. Replacement of containers that are stolen and/or damaged shall be made at no cost to the Generator at Pacific's discretion. Pacific will be responsible for keeping records and making them available to City regarding additional containers requested, and the reason for the request, e.g., damaged, stolen, needed to handle residence Recyclables beyond capacity of one container. 8. Liquidated Damages Modification. Exhibit B, Enforcement Summary, Unsatisfactory Service Indicator No. 14 is hereby modified to increase the allowable level of "residuals" or 13 H:lattorneyltrashagt /7-¥/ "contamination" for designated Recyclables collected at the curbside for single-family residential from 2% to 7%. 9. Rates Exhibit Replaced. Exhibit "G" of the original agreement is hereby replaced in its entirely by new Exhibit "G" attached hereto and incorporated herein by this reference. 10. New Exhibit I "True-Up". New Exhibit I is hereby attached hereto and incorporated herein by this reference. 11. No Other Charges. Except as expressly provided in this Amendment, all other terms and conditions of the Original Agreement shall remain in full force and effect. [Next Page Is Signature Page] 14 . H :\attorney\trashagt 17- ~~ [SIGNATURE PAGE TO FIRST AMENDMENT TO AMENDED AND RESTATED SOLID DISPOSAL AND RECYCLING FRANCHISE AGREEMENT] IN WITNESS WHEREOF, Pacific and City have entered into this Amendment effective as of the date first written above. CITY: PACIFIC: City of Chula Vista, Allied Waste North America, a municipal corporation Inc., a Delaware corporation dba Pacific Waste Services By: By: Shirley Horton, Mayor By: Attest: (Print Name and Title) City Clerk Approved as to form by City Attorney H. \Attorney\googins-trash \franchise- 99 -amend. 002 .DOC 15 H :Iattorncyltrashagt /7-<1..:3 COUNCIL AGENDA STATEMENT Item: is Meeting Date:..2d&ill. ITEM TITLE: Resolution adding two Building Inspectors, creating two new classifications titled Plan Check Supervisor and Senior Plans Examiner, reclassifYing the Plan Check Engineer to Plan Check Supervisor, reclassifYing one Plans Examiner to Senior Plans Examiner, adding two Plans Examiners, adding one Development Services Technician, adding one half-time hourly Office Specialist, appropriating $68,400 fiom the available balance of the Public Facilities Development Impact Fee Fund for furniture, vehicles and computers, amending the FY 2001-2002 budget of the Planning and Building Department by appropriating $257,100 from unanticipated building permit and plan check revenue, and amending the proposed FY 2002-2003 spending plan to add $360,500 in personnel services and $9,590 in services and supplies expenditures to the Planning and Building Department budget to be funded by unanticipated building permit and plan check revenue SUBMITTED BY: Director of Planning and Building ~ REVIEWED BY: City Manager £) (4/Sths Vote: YesXNo=) In April, 2001, City Council approved the results of a Building Permit Fee Study, and directed staff to implement the new building fee schedule. The new fees were based on an estimated volume of residential and commercial building permits, at FY 1999-2000 levels. Results fiom FY 2000-2001 showed activity exceeded the assumptions in the fee study. Given the increase in activity since the study, an increase in Building staffing is requested to keep pace with the development workload. Funding for the added staffing is covered by unanticipated building permit and plan check revenue due to increased building permit activity. RECOMMENDATION: It is recommended that the City Council adopt the resolution adding two Building Inspectors, creating two new classifications titled Plan Check Supervisor and Senior Plans Examiner, reclassifYing the Plan Check Engineer to Plan Check Supervisor, reclassifYing one Plans Examiner to Senior Plans Examiner, adding two Plans Examiners, adding one Development Services Technician, adding one half-time hourly Office Specialist, appropriating $68,400 from the available balance of the Public Facilities Development Impact Fee Fund for furniture, vehicles and computers, amending the FY 2001-2002 budget of the Planning and Building Department by appropriating $257,100 fiom unanticipated building permit and plan check revenue, and amending the proposed FY 2002-2003 spending plan to add $360,500 in personnel services and $9,590 in services and supplies expenditures to the Planning and Building Department budget to be funded by unanticipated building permit and plan check revenue. .-- .-----..-_c_--.--- ccc_--_c -------- Page 2, Item: /1 Meeting Date:~ BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In April 2001, Council adopted Ordinance No. 2831 that adjusted Building Permit and Plan Review fees. The change in fees was based on a fee study using FY 1999-2000 building permit activity levels. Recently reported FY 2000-2001 building permit activity levels showed a significant increase. By inserting the new year data into the Building Fee Study model, an equitable comparison was made for the purpose of assessing current ataff workload. Results are shown in Table 1. As another comparison, building permit valuation for FY 1999-2000 was approximately $400 million, and for FY 2000-2001, the valuation rose to approximately $575 million, an increase of approximately 44%. Building valuation is often used as a measure of workload because valuation accurately reflects design complexity, materials, square footage, and other features that affect the level of staff effort required. Table I - Comparison of Building Permit Data FY 99/00 FY 00/01 Percentage Used in Fee Stud Actual Chan e 4789 5616 + 17% 5050 7715 +53% 230191 280 056 +22% (a) Raw permit numbers - used to assess Development Services Technician workload. (b) Number of plan checks by type multiplied by relative check time for the type - used to assess Plans Examiner workload. (c) Number of permits by type multiplied by number of inspections per permit for type multiplied by difficulty factor for inspection type - used to assess Building Inspector workload. As the last column of the table indicates, the increased building permit activity translates to an increased workload for Building Division staff. Staff used this as the basis for determining the number of staff needed in each functional unit. In the recently concluded budget process we alluded to the possible need for additional staffing due to workload; however, at the time there was considerable discussion about the potential impacts of a permit allocation system. With this in mind, we considered the use of outside consultant services as an option in meeting these higher workload demands. The availability of those resources is now being called into question due to an overall shortage of qualified staff in the industry. The outside consultants are experiencing considerable difficulty in recruiting new staff It is therefore our recommendation that we actively seek to hire full time employees rather -'-----'-'- ---- ...'.----,-----.._.. -, Page 3, Item:---Lt Meeting Date:...2d&Ill. than depend on the availability of consultants. For internal staff alignment in the Plan Check Unit and after a review of responsibilities by the Human Resources Department, staff recommends creating a new classification of Plan Check Supervisor in the Middle Management group and reclassifying the Plan Check Engineer to Plan Check Supervisor in recognition of the supervisory role assumed. The salary for the Plan Check Supervisor will be established at 10 percent below the Deputy Building OfficiaL Staff also recommends creating a new classification of Senior Plans Examiner in the Western Council of Engineers group and reclassifying one Plans Examiner to Senior Plans Examiner. The salary for the Senior Plans Examiner will be established at 10 percent below the Plan Check Supervisor and 10 percent above the Plans Examiner position. This reclassification is in recognition of the lead role assumed and the California Registered Professional Engineer qualification obtained. See Exhibit I for the internal alignment chart. Stability of workload is always a consideration when adding permanent staff, and the development outlook continues to be strong. As Table 2 shows, the plar:ncd community construction workload related to approved and pending residential tentative maps is significant. The projected residential pemÙt volume over the next four years is 9,582, and the average is shown below. Table 2 - Chula Vista Single & Multi-family Residential Permits Activity FY 99-00 FY 00-01 Percentage Actual Actual Chan e Permit Volume 1856 2223 + 19% As shown above, the increased workload experienced in FY 2000-2001 is expected to continue into the foreseeable future, and this reflects only new residential construction. As these homes are completed, residents will begin applying for small permits, for example adding a pool or a patio cover. As the housing base increases, the magnitude of this activity increases placing demand on staff. The City is also seeing an increase in commercial construction. This, coupled with the large number of approved City capital projects (ex: Police Station, City Hall, various parks) and the potential for major development along the Bay Front, warrants special attention to recruiting and training staff to perform the more complex types of inspections that these commercial projects will require. Staffs fiom both the Planning and Building Divisions are currently developing a custom report to identify future projects and their anticipated staffing needs. This report will be prepared quarterly and used as a tool in making staff assignments and in recommending changes to ~taffing levels. Staff will make arrangements to give the City Council a tour of the development in eastern Chula Vista to provide a greater understanding of the magnitude of current and future building activity in this area. It has been very difficult for our staff to maintain the level of service demanded by the industry. As an example, Permit Counter staff is experiencing a significant backlog in processing ..-.-.----.-..--. -...._---------- Page 4, Item: / f Meeting Date:...2::.l&fI1 residential construction phases. This delays payment of fees and places a strain on other departments that must expedite completion of their plan review in order to meet our published turnaround times. This backlog is attributable to an increase in the number of permits being processed. With the increased workload, Inspection staff can barely meet our commitment to next-day inspection. In-house inspector training and processing of critical paperwork is taking a back seat to completing the daily inspections. In the case of paperwork, delaying the final paperwork has a direct impact on the ability of the City to collect increased property taxes. In the Plan Review Section, workload has increased but been partially offset by a significant increase in the use of outside plan check consultant services. Unfortunately, this type of assistance fiom outside consultants is not readily available to augment our inspection and permit processing staffing needs due to an extreme shortage of qualified staff in the industry. C:onc.llIsion Applying the percentage increases in workload measures calculated in Table 1 to current staffing levels and taking into consideration the current and projected workload through FY 05-06, staff is recommending the following staffing adjustments be approved: 1. Add (2) Building Inspectors 2. Reclassify Plan Check Engineer to Plan Check Supervisor 3. Reclassify (1) Plans Examiner to Senior Plans Examiner 4. Add (2) Plans Examiners 5. Add (1 ) Development Services Technician 6. Add (1/2) Inspection Clerical (Office Specialist) Due to the extreme pressures on the current labor market, we are proposing to hire full-time employees for all of the new positions except the Office Specialist. A part-time temporary hourly would fill this clerical position. FISCAL IMPACT: The prorated staffing cost for FY 2000-2001 is $257,100 to be funded by unanticipated building permit and plan check fees. Over an entire fiscal year, the recurring cost will be $360,500 in salary and benefits for these positions and $9,590 in vehicle maintenance and replacement Additionally, $68,400 in non-recurring cost will be incurred for staff equipment (vehicles, computers, workstations) to be funded from the available fund balance of the Public Facilities Development Impact Fee Fund. Att~c.hm"nt' L Internal Equity Comparison HWLANNINGIBobMc\Inspection AI I Jr5.doc -. ----...----..---. II TTI1CH M"£ ft/r I EXHIBIT 1 Internal Equity Comparison September 18, 200 I SM Plan Check Supervisor MM 10% Senior Plans Examiner WCE 10% Plans Examiner CVEA /1-5- -..----.--------.. - ..-------.--...---- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING TWO BUILDING INSPECTORS, CREATING TWO NEW CLASSIFICATIONS TITLED PLAN CHECK SUPERVISOR AND SENIOR PLANS EXAMINER, RECLASSIFYING THE PLAN CHECK ENGINEER TO PLAN CHECK SUPERVISOR, RECLASSIFYING ONE PLANS EXAMINER TO SENIOR PLANS EXAMINER, ADDING TWO PLANS EXAMINERS, ADDING ONE DEVELOPMENT SERVICES TECHNICIAN, ADDING ONE HALF-TIME HOURLY OFFICE SPECIALIST, APPROPRIATING $68,400 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMP ACT FEE FUND FOR FURNITURE, VEHICLES AND COMPUTERS, AMENDING THE FY 200l-2002 BUDGET OF THE PLANNING AND BUILDING DEPARTMENT BY APPROPRIATING $257,100 FROM UNANTICIPATED BUILDING PERMIT AND PLAN CHECK REVENUE, AND AMENDING THE PROPOSED FY 2002-2003 SPENDING PLAN TO ADD $360,500 IN PERSONNEL SERVICES AND $9,590 IN SERVICES AND SUPPLIES EXPENDITURES TO THE PLANNING AND BUILDING DEPARTMENT BUDGET TO BE FUNDED BY UNANTICIPATED BUILDING PERMIT AND PLAN CHECK REVENUE WHEREAS, in April 2001 City Council approved Ordinance No. 2831 adjusting the Building Permit and Plan Review fees; and WHEREAS, the associated fee study linked building permit volume to building permit processing, plan review and inspection staff; and, WHEREAS, during FY 2000-2001 the City experienced an unanticipated increase in building permit volume; and, WHEREAS, staff analysis recommends an increase in staffing to more efficiently handle the increase in building pennit volume; and, WHEREAS, staff analysis indicates the associated increase in building permit fees will fully fund the additional staffing request. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the addition of two Building Inspectors, the creation of two new classifications titled Plan Check Supervisor and Senior Plans Examiner, the reclassification of the Plan Check Engineer to Plan Check Supervisor, the reclassification of one Plans Examiner to Senior Plans Examiner, the addition of two Plans Examiners, the addition of one Development Services Technician, and the addition of one half-time hourly Office Specialist to the Department of Building and Planning. 1 -,--- ------'-'" BE IT FURTHER RESOLVED that $68,400 is hereby appropriated from the available balance of the Development Impact Fee Fund for associated staff equipment. BE IT FURTHER RESOLVED that the FY 2001-2002 budget of the Planning and Building Department is hereby amended by appropriating $257,100 in expenditure authority, funded by unanticipated building permit and plan check revenue due to increased building permit activity. BE IT FURTHER RESOLVED that the FY 2002-2003 spending plan of the Planning and Building Department is hereby amended by appropriating $360,500 in personnel services and $9,590 in services and supplies expenditures, funded by unanticipated building permit and plan check revenue due to increased building permit actIVIty. Prcsented by Approved as to form by ~~~ Robert A. Leiter John M. Kaheny Planning and Building Director City Attorney H:lAttomey\Building Res f3.doc 2 /1 7 ,- ..-._-_._-_.~-_. COUNCIL AGENDA STATEMENT Item \(.j Meeting Date 9/18/01 ITEM TITLE: Resolution Waiving the consultant selection policy and approving an agreement with Timothy Stanton for water related services and appropriating $50,000 fiom the available fund balance of the General Fund SUBMITTED BY: #p--~jfL- Director of Public Works, ' REVIEWED BY: City Manager ~ '(4/Sths Vote: Yes l No ~ In December 1995, Chula Vista entered into an agreement with Otay Water District for the provision of water service to a portion of the City of Chula Vista. This agreement was the result of a study that the City conducted to determine if it would be feasible for Chula Vista to provide water to the new Otay Ranch. There were many provisions in the agreement that Otay was to follow. However, since January 2001, the Board of Directors is new and many high-level staff members have left the District. Chula Vista wants to be assured that Otay is following all the provisions in the agreement. RECOMMENDATION: Approve the resolution to waive the consultation selection process of Municipal Code 2.56.070 and retain the services of Timothy Stanton and appropriate $50,000 from the available fund balance reserves of the General Fund. BOARDS/COMMISSION: Not applicable DISCUSSION: The City Council and staff have concerns about new policies and procedures that the Board may have adopted that would affect Chula Vista citizens or developers. At this time, it is in the City's best intcrest to review the agreement in detail to determine the impact of the recent changes at the District on the agreement. As you may recall, last year the City and Otay jointly paid for an engineering firm to do a management audit on the District. The conclusion was that, at that time, Otay was doing an adequate job in managing the District. Since the new Board went into office, they reduced their reserves by giving a sizeable rebate to customers, leaving no reserve for rate stabilization. Chula Vista, a separate govemmental agency, may be able to impact the actions of the District through the provisions of this existing agreement (Attachment A). It is proposed that Council waive the consultant selection policy and retain Timothy Stanton, (former chief Engineer for Otay Water District) to review the contract to determine Otay's level of compliance. Mr. Stanton is uniquely qualified to perf 01111 these services. He was instrumental in a group effort --.----..-.-..-.- Q Page 2, Item fl- Meeting Date 9/18/01 between Chula Vista and Otay management, legal and engineering staffs to develop the agreement under review. Mr. Stanton was employed by Otay Water District for 7 years. He is familiar with the previous and existing policies and procedures at the District. City staff has interviewed him and believes he has a unique background to perform this study that other consultants do not possess. The agreement requiring review has 20 sections relating to different areas of Otay Water operations and the provision of water services within a portion of the City. Some of the more pertinent include: . City Agrees that Otay will be the provider of water service. "Otay shall be responsible by law and this agreement to provide water service as needed to the inhabitants of such territories in a cost effective and reliable manner." . Water rates will be fair and reasonable and will not discriminate against Chula Vista customers. . Otay will adopt a master plan of facilities within two years and will change their storage requirements by having up to five days of treated storage and not less than 5 days of open storage. . Prior to adopting or changing its annual capital improvement plan Otay staff shall contact and meet with city staff for comments. City staff shall give Otay growth projections. . Otay agrees with the concept of joint use of facilities and will meet with city staff to discuss city proposals. . Otay agrees to continue to provide sewer billing for the city for customers in Otay's district. . Otay agrees to buy and distribute reclaimed water from Chula Vista or its designee to serve the needs in Chula Vista. . Otay agrees to construct water lines, where feasible, in City streets, and will relocate those facilities in if the proposed grades or alignment of the street dictates. The task of the consultant will be to review the agreement section by section and make a determination of compliance, including recommendations on how to achieve compliance, and if appropriate, any other steps to ensure the most cost effective and reliable provision of water services to the citizens of Chula Vista. The contract will also provide that the City Manager can authorize other tasks at his request providing the total contract does not exceed $50,000 without further Council approval. FISCAL IMP ACT: Approval of this item will result in an expenditure of $50,000 from the available fund balance of the General Fund. Attachment A - Otay Water Sewer Agreement dated 12/5/95 J\Enginee,-IAGENDA \Stantnndoc ATTACHMENT _A_- AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE OTAY WATER DISTRICT FOR THE PROVISION OF WATER SERVICE IN A PORTION OF TIlE CITY OF CHULA VISTA This agreement entered into by and between the City of Chula Vista ("City"), a charter city, and Otay Water District ("Otay") a public entity established under the Municipal Waœr District Law of 1911 sets forth certain terms and conditions under which the Otay Water District shall be the provider of retail water services within a portion of the City of Chula Vista. RECITALS A. Otay is an independently governed public agency which is responsible by law and this agreement to provide water service as needed to inhabitants within its boundaries in a cost-effective and reliable manner. Otay recognizes, through this agreement that City seeks to coordinate the provision of governmental services to its inhabitants. B. City and Otay desire a cooperative relationship so that their respective planning efforts will not conflict within the City's planning area. C. Otay desires to have a stable planning environment so that its efforts to provide water service to its customers through regional facilities can go forward. D. City and Otay agree that a long-term agreement is desirable to fix the responsibilities of City and Otay with respect to the provision of water services to current and future areas of City which will be served by Otay. In consideration of which, the parties do hereby agree as follows: 1. ~. The recitals listed above are correct and are incorporated herein by reference. 2. Water Provider. City agrees that Otay will be the water supplier for the purpose of furnishing the City or its inhabitants with retail water service for those parts of the City which are within Otay's jurisdiction, and for such future areas currently outside Otay's jurisdiction which are annexed to the City along its eastern boundaries, except areas within Sweetwater Authority's jurisdiction. Otay shall be responsible by law and this agreement to provide water service as needed to the inhabitants of such territories in a cost- effective-and reliable manner. - - 3. Term: Termination. The tërm of this agreement shall be 20 years from the date of signature by the City. This agreement may be tenninated earlier only as provided -~ ., r--,'---- - Cú 7-.5"'- ....(..?--:J :(/g:J!? /f-~ pursuant to paragraphs 5 or 14, hereof. Upon tennination or expiration of this agreement, Otay shall then have the right to continue to serve water unde¡¡ the powers of a municipal water district, and City shall then have the right to adopt any law or ordinance within its authority . 4. Water Rates. Otay agrees that the water rates it charges within the City shall be fair and reasonable, and shall not discriminate against customers within City, as compared to customers outside the City's jurisdiction. 5. Master Plan. Otay agrees that it shall adopt, within 2 years of the effective date of this agreement, a final Master Plan for the provision of water facilities within the City which is substantially similar to the Montgomery Watson draft Master Plan, dated April 1995, entitled, "Otay Water District Water Resources Master Plan" hereinafter the "draft Master Plan." City believes that the draft Master Plan represents a prudent and good faith effort to plan for the future water facility needs of City's inhabitants. The final Master Plan shall be considered to be substantially similar to the draft Master Plan so long as it provides for: (1) the acquisition or development of not less than 5 Average Days of open storage capacity and not more than 5 Average Days of total filtered water storage, including terminal storage, emergency storage, operational storage, and fire storage; (2) a total, reasonably estimated cost, based on a LA-ENR index of 6500, for the Central Area of Otay (as described in the draft Master Plan and including the western parcel of the Otay Ranch Development) which shal1 not exceed $55,566,000 for future filtered water storage, and $6,132,000 for pump stations to serve the Central Area, exclusive of any financing expenses, all as described in the draft Master Plan; and (3) the development of water supplies from neighboring public water suppliers, such as the City of San Diego ("San Diego"), Helix Water District and Sweetwater Authority. For the purposes of this agreement, an "Average Day" of storage shall be as defined in the draft Master Plan, using the water generation factors, peaking factors and assumptions regarding emergency water conservation and alternative supply developments found therein. In the event Otay does not, within 2 years, approve such a final Master Plan, notwithstanding any other provision of this agreement, the City shall have the right, following a public hearing held upon 30 days notice to Otay, at which protests may be heard, to terminate this agreement; provided that the 2-year period shall be tolled during the pendency of any suit brought against Otay challenging its adoption of a final Master Plan. Any public hearing notice to be given by City to Otay under this paragraph shall be given within 90 days of the date City receives notice from Otay that: (1) Otay has approved the final Master I;'lan; and (2) any suit brought against Otay challenging its adoption of a final Master Plan has been finally resolved, whichever is later. After adoption of a final Master Plan, Otay shall use its best efforts to imptemeht such plan. Any subsequently-enacteif or amended Master Plan shall be submitted to the City for review and comment. Otay will provide specific, detailed responses to all comments made by the City. /9-if l- 6. Land Use Policy. Otay recognizes that City is the authority for setting land use policy within its planning area. Otay agrees that it will not set or use water rates, water permitting authority, or other aspects of water policy for the primary purpose of regulating land use within the City, except as required by State law as to matters of statewide concern. 7. Cooperation and Planninl!:. Prior to adopting its annual Capital Improvement Program ("CIP") Otay will contact and meet with City Staff. City Staff will provide Otay with City's 1atest growth projections so that this information can be incorporated into Otay's CIP. Otay will reasonably plan and construct those water facilities necessary to meet anticipated demand in City. Otay will apply its best efforts consistent with San Diego County Water Authority policy to assure adequate water supply to meet City's demands. 8. ~. Otay agrees to apply its best efforts to pursue cost effective storage and, in particular, to seek open storage in Otay Lake or similar open reservoir storage through an agreement with the City of San Diego, or other public water supplier or suppliers which is designed to implement the draft Master Plan provisions regarding cost- effective storage for the City and its inhabitants, and to avoid any need for the development of more than 5 Average Days of filtered storage. Otay agrees that filtered storage is an undesirably costly method of providing water storage for more than 5 Average Days; while up to 3 Average Days of filtered water storage is a reasonable method of providing such storage for the Central Area. In the event Otay fails to diligently pursue such an agreement, City shall have the right to terminate this agreement pursuant to paragraph 14. 9. Joint Use. atay generally agrees with the joint use of facilities. Otay agrees to meet and confer with City regarding any joint use proposals proposed by the City on reservoir sites. 10. Public Debt. Otay agrees that it will not place debt on private property for the construction of water facilities through an assessment and/or improvement district in excess of $.10 for every $100 in assessed valuation within City. 11. Sewer Billine:. Otay agrees to continue to provide the existing sewer billing service to the City that it has historically provided on the same terms and conditions with reasonable increases allowed so that Otay can recover its costs. 12. Reclaimed Water. Otay will buy from City, or City's designee, as much reclaim~ water as the Otay Ranch area needs and is available from any City water reclamation facility or raw or reclaimed water obtained by City from San Diego. After considering incentives or rebates from others which are paid to Otay or City, and the cost of distribution paid by Otay, the cost of purchasing such water from City or City's designee shall- nofeause the price of reclaimed water to eIther lIie City's inhabitants or Otay's customers to increase over the price that would have been charged had Otay supplied to those inhabitants or customers, raw water purchased from and delivered to Otay by the San Diego QVM\AOt.mJ2827.5 -3- /1-5' County Water Authority. Since this paragraph is premised upon the current pricing structure in which raw water is a substitute for reclaimed water in this çounty, in the event the price of reclaimed water produced by San Diego and available to City is not based upon the San Diego County Water Authority's price of raw water, City shall have the right to demand renegotiation of the provisions of this paragraph regarding the price to be paid by atay for City's reclaiined or raw water supplies. 13. Water Facility Installations and Alterations. As to atay's opetations within the boundaries of City, Otay agrees to coordinate the actual installation and alteration of its facilities within City to the extent required by law. In addition, upon demand Otay will: (a) repair or pay to City the reasonable cost of repairs to City property resulting from operations of Otay within City; (b) remove and relocate without expense to City, any of Otay's facilities within City, if and when made necessary by any lawful change of grade, alignment or widening of any public street, way, alley, or place, including the construction of any subway or viaduct, unless Otay's facility is located within an easement granted to Otay prior in time to City's rights in such property. In such instances, as to any of Otay's facilities to be constructed within an easement with such prior rights, Otay shall meet with City and use its best efforts to seek agreement regarding the location and design of the facilities which will minimize the likelihood and cost of their future relocation or removal. It is the intent of the parties that Otay's facilities be located within existing or planned public rights of way whenever feasible; that the acquisition of easements for Otay's facilities occur only when strictly necessary; and that future private developments not be relieved from utility relocation costs under this paragraph. Therefore, it is further agreed that: (1) Otay shall use its best efforts to locate its facilities within existing or planned City rights of way or other public places, rather than within any easement; and (2) City shall use its best efforts to condition future private developments which necessitate the relocation or removal of Otay's facilities to bear the costs of such relocation or removal. (c) indemnify and hold City harmless from liability for damages resulting from Otay's operations. 14. Disuute Resolution. (a) In the event of any dispute or controversy between the parties hereto regarding the provision _of water service within City's current or potential future boundaries, the parties shall make a good faith effort to resolve such controversy or dispute in the first instance through mediation. The subjects of such mediation may include any matter addressed in this agreement, or any other matter pertaining to the provision of water service, including, but notlímited to implementation of state laws requuing ëlirect access, aggregation of accounts or wheeling of water for the benefit of City inhabit:Ults. Upon written demand by either party, a mutually agreeable mediator will be selected to assist the parties in resolving as much of OVM\AGM1\32827.5 -4- /9-6 the dispute or controversy as possible. The costs of mediation shall be divided equally. Notwithstanding any other provision of this agreement, this subparagraph (a) shall not affect, nor shall it be considered in the construction or interpretation of, the scope of paragraphs 16 and 17 of this agreement. (b) Whenever a dispute arises as to the way Otay carries out its obligations under this agreement, as to which mediation has been unsuccessful, the City shall have the right to submit the dispute to arbitration. The arbitrators shall detennine whether Otay acted reasonably in carrying out its responsibilities. If the arbitrators finds that Otay has not acted reasonably, the arbitrators shall have the authority to make such an order as is necessary to require Otay to come into compliance with the agreement. If Otay fails to do so, the City shall have the right to terminate this agreement. If the arbitrators find that Otay has acted reasonably, the agreement shall remain in full force and effect. Arbitration shall be instituted by the City notifying Otay of its choice of arbitrator. Within 15 days, Otay shall notify the City of its choice of arbitrator and the two arbitrators shall thereafter pick a third arbitrator. Any decision in arbitration must be supported by a minimum of two votes. 15. ~. All notices shall be in writing and shall be deemed to have been duly delivered upon personal delivery or as of the third business day after mailing by United States Mail, certified and registered, return receipt requested, postage prepaid, addressed as follows: If to City: City of Chula Vista Attn: City Manager 276 Fourth Avenue Chula Vista, CA 91910 If to Otay: Otay Water District Attn: General Manager 2554 Sweetwater Springs Boulevard Spring Valley, CA 91977 16. Entire A=ment. This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations and understandings of the parties hereto, oral or written, are hereby superseded and merged herein. No supplement, modification or amendment of this agreement shall be binding unless in writing and executed by the parties hereto. 17. Attorneys' Fees. In the event any action shall be instituted in connection with this agreement, the party prevãì1ing insuch action shall be entitled to recòver from the other party all of its costs of ac~on, including reasonable attorneys' fees as fixed by the arbitrator. OVMlAOMru2SZ1.5 -5- /9- 7 18. Severability. In the event that any phrase, clause, sentence, paragraph, section, article or other portion of this agreement shall becom¡: illegal, null or void as against public policy, the remaining portions of this agreement shall not be affected thereby, provided that the purpose and intent of the agreement can be reasonably carried out without the unenforceable or ineffectual portion. 19. Actions by LAFCO. Otay supports the sphere of influence amendment for the City of Chula Vista which is currently pending before LAFCO with respect to all items as to which there is no dispute between the County and the City of Chula Vista, including, but not limited to the designation of Otay as the preferred water provider to the western parcel of Otay Ranch. Otay shall withdraw any opposition to pending proposals for, and shall not oppose future plans for, annexation of territory within the current or future boundaries of Otay to the City, including, but not limited to, the annexation of all or any portion of the western parcel of the Otay Ranch. 20. Utility User Fee. City may impose a utility user fee in such amount as City determines appropriate. Any such fee may, at Otay's option, be reflected and identified on the water bills of customers as a separate line item. IN WITNESS WHEREOF, the parties have executed this agreement as of the date shown below. OTAY WATER DISTRIcr Date /~/~/'9.? By ~W~ Title ~ CITY OF CHULA VISTA Date / 02/;/i~~ By I Æ,ahr~ Title - - OVM\AGM1\32827.5 -6- /f-P RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION POLICY AND APPROVING AN AGREEMENT WITH TIMOTHY STANTON FOR WATER RELATED SERVICES AND APPROPRIATING $50,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND WHEREAS, in December 1995, Chula Vista entered into an agreement with Otay Water District for the provision of water service to a portion of the City of Chula vista; and WHEREAS, this agreement was the result of a study that the city conducted to determine if it would be feasible for Chula Vista to provide water to the n""" Otay Ranch; and WHEREAS, there were many provisions in the agreement that Otay Water District was to follow; and WHEREAS, since January 2001, the Board of Directors is new and many high-level staff members have left the District; and WHEREAS, Chula Vista wants to determine Otay's level of compliance with the provisions in the agreement; and WHEREAS, Council waives the consultant selection process in light of Mr. Stanton's experience and familiarity with Otay's policies and procedures and his previous service in developing the agreement under review. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby waive the consultant selection policy and approves the agreement with Timothy Stanton for water related services. 1 .w..-------....- -.--------.---.-- BE IT FURTHER RESOLVED the City Council does hereby appropriate $50,000 from the available fund balance of the General Fund. Presented by Approved as to form by John P. Lippitt Director of Public Works J, \Attorney\Reso\Stanton 2 /9-/0 ..-- '---.---.----------.- -- Agreement Between City Of Chula Vista And Timothy Stanton For Water Consultant Services This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 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: Whereas, City and Otay entered into an agreement in 1995 regarding the provision of retail water services; and Whereas, recent changes in the Otay Board of Directors and District staff have led to numerous policy and procedure changes at the District; and Whereas, City requires the assistance of a consultant to determine whether these new policies and procedures are in compliance with the City's 1995 agreement; and Whereas, Consultant as a former employee of the Otay Water District and an expert in the policies and procedures of the District is uniquely qualified to perform these tasks for the City; and Whereas, Council has approved the waiver ofthe consultant selection process; 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.) Page 1 /1 - /1 Obligatory Provisions NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. Page 2 /1. /2 E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, 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. Page 3 ¡q. /3 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report 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. Page 4 ¡q ~ I tf 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 which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A. Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been Page 5 Ie¿ - 15" made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other 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. Page 6 Ie¡ -Ifp 9. 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. 10. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 11. 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. 12. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social Page 7 ¡q -I 7 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. 13. 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. No suit or claim shall be brought against the Consultant unless a claim has first been presented in writing by certified mail to the Consultant. 14. 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. 15. 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. 16. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed Page 8 fC1 -/2 real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Page 9 /1 - /9 Signature Page to Agreement between City of Chula Vista and Timothy Stanton for Water Consultant 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: ,200- City of Chula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: Timothy Stanton By: Timothy Stanton Exhibit List to Agreement (x) Exhibit A. Page 10 /q -20 Exhibit A to Agreement between City of Chula Vista and Timothy Stanton 1. Effective Date of Agreement: September 18, 2001 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: Timothy Stanton 5. Business Form of Consultant: ( X ) Sole Proprietorship ( ) Partnership ( ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 3740 Hidden Ridge Road Jamul, CA 91935 Voice Phone (619) 669-0575 Page 11 /q ~ J-I 7. General Duties: Consultant to provide as needed services in support of the City of Chula Vista in addressing Otay Water District's compliance with the terms and conditions of the "Agreement Between The City of Chula Vista and the Otay Water District for the Provisions of Water Service in a Portion of the City of Chula Vista". In addition, Consultant shall address the possible creation of a City Water Department to operate the water system in Chula Vista. 8. Scope of Work and Schedule: A. Detailed Scope of Work: 1. To review the "Agreement Between The City of Chula Vista and the Otay Water District for the Provisions of Water Service in a Portion of the City of Chula Vista" for compliance to the recitals, terms and conditions. 2. Prepare written report detailing findings of review and, if appropriate, prepare draft complaint calling for mediation of grievances. 3. Review and evaluate any additional information deemed relevant by the City to assess the most cost effective and reliable way to secure water services for the residents of Chula Vista. 4. Perform any reasonably related additional tasks as requested by City. 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: Report for Task 1 shall be delivered to City staff within 60 days of the Notice to Proceed. Page 12 ¡q-J2 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. (X) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: Agreement between the City of Chula Vista and Otay Water District for the Provision of Water Services in a Portion of the City of Chula Vista dated December 5, 1995. 11. Compensation: A. () Single Fixed Fee Arrangement For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. Page 13 Iq~23 The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. () Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. Page 14 ¡q - 2Lf 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 hereinbelow according to the following terms and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) (x) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $50,000 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Hourly of Consultant Name Rate Consultant Timothy Stanton $120 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $_: () Copies, not to exceed $_: () Travel, not to exceed $_: () Printing, not to exceed $_: Page 15 /12::: () Postage, not to exceed $_: () Delivery, not to exceed $_: () Long Distance Telephone Charges, not to exceed $- () Other Actual Identifiable Direct Costs: not to exceed $ 13. Contract Administrators: City: John Lippitt Consultant: Timothy Stanton 14. Liquidated Damages Rate: N/A ( )$_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 in real property and sources of income subject to the regulatory, permit or licensing authority of the department. () Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. () Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. () Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. Page 16 /q - 2b ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: None 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (x ) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (x ) End of the Month ( ) Other: C. City's Account Number: 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (x) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (x) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (x) Completion of All Consultant Services ( ) Other: J:\EngAdmin\stanton2.doc Page 17 It} . ;2 7