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HomeMy WebLinkAboutAgenda Packet 2001/11/20... (2) CITY COUNCIL AGENDA November 20, 2001 6:00 p.m. Council Chambers Pubfic Services Building 276 Fourth Avenue, Chula Vista CI'IY 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 November 20, 2001 I declare under penalty G! per;ury that I am employed by ,he City 0' ,:: :ula V,sla in the Office of the City ClerK and mat I po5ted this document on the bulletin board according to AGENÐ~wn Act requirements. . Dated //f~1Ô1 Signed ~. 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 . PRESENTATION OF A PROCLAMATION PROCLAIMING STEPHEN ARENDS AS THE 2001 VETERAN OF THE YEAR CONSENT CALENDAR (Items I through 10) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councìlmember, 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 ofbusiness. 1. APPROVAL OF MINUTES of November 6 and November 13, 2001. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation tì-om Frank Ruffino, member of the Civil Service Commission. Staff recommendation: The resignation be accepted with regret, and the City Clerk be directed to post immediately in accordance with Maddy Act requirements. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING CONTRACT FOR THE CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS IN THE CITY OF CHULA VISTA FOR FISCAL YEAR 2001/2002 (PROJECT STL-276) On October 17, 2001, the Director of Public Works received sealed bids for the construction of sidewalk ramps on various streets in the City, for Fiscal Year 2001/2002 (Project STL-276). The work to be done involves the removal of curb, gutter and sidewalk, and the construction of pedestrian ramps on various streets in the City. The work also includes all labor, material, equipment, transportation, protection of existing improvements, and traffic control necessary for the project. (Director of Public Works) Staff recommendation: Council adopt the resolution and award the contract to Portillo Concrete, Inc. ofChula Vista, in the amount of$37,300. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR MINOR TRAFFIC SIGNAL MODiFICATIONS IN THE CITY OF CHULA VISTA (PROJECT TF283) TO T&M ELECTRIC, INC. (DBA PERRY ELECTRIC), 1N THE AMOUNT OF $95,100 On October 24, 2001, the Director of Public Works received sealed bids from five electrical contractors for minor traffic signal modifications in the City of Chula Vista. This is a State grant-funded project under the Congestion Mitigation and Air Quality (CMAQ) program. T & M Electric, Inc. (dba Perry Electric) submitted the low bid of $95,100 for this project. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE JOINT USE AGREEMENT FOR THE OLYMPIC PARKWAY RIGHT-OF-WAY WITH THE SAN DIEGO COUNTY WATER AUTHORITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE JOINT USE AGREEMENT FOR THE OLYMPIC PARKWAY RIGHT-OF-WAY WITH SAN DIEGO GAS & ELECTRIC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT The San Diego County Water Authority and San Diego Gas & Electric have approved the form of the Joint Use Agreements with the City of Chula Vista to allow Olympic Parkway and its associated improvements and utilities to encroach their respective easements. The area is located southwest of Eastlake Greens, where a major utility corridor crosses Olympic Parkway. The agreements outline each party's responsibilities and obligations for the subject portion of Olympic Parkway and the easement areas that are being used jointly for public fight-of-way, landscape maintenance, traffic signal interconnect, street lights, the conveyance of water, reclaimed water, sewer and storm drainage. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TEMPORARY CLOSURE OF OLYMPIC PARKWAY, BETWEEN HUNTE PARKWAY AND THE ARCO TRAINING CENTER, FOR MASS GRADING WORK WITHIN THE EASTLAKE VISTAS PROJECT, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE AN ENCROACHMENT PERMIT TO EASTLAKE DEVELOPMENT COMPANY FOR SAD CLOSURE On behalf of the EastLake Development Company, Damell & Associates, Inc. (D&A), EastLake's traffic engineering consultant, has prepared a proposal for the temporary closure of Olympic Parkway, between Proctor Valley Road and The ARCO Training Page 2 - Council Agenda 11/20/01 Center. The temporary road closure is needed in order for earth-moving vehicles to safely haul dirt and rock from the north side to the south side of Olympic Parkway for the development of the Vistas project. One earthen crossing of approximately 80 feet wide is proposed to be created across that segment of Olympic Parkway so that the haul trucks can safely transverse the roadway without any conflicts with cross traffic and without the possibility of deteriorating the existing roadway. The location of the crossing is approximately 1000 feet east of the intersection of Hunte parkway and Olympic Parkway. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $292.80 FROM cOUNCILMEMBER, MARY SALAS, AMENDING THE FY 01-02 POLICE BUDGET AND APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $292.80 FOR SUPPORT OF THE SENIOR VOLUNTEER PATROL PROGRAM In early October, Councilmember Salas made a personal donation of $292.80 to support the Senior Volunteer Patrol Program. (Chief of Police) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENDORSING THE EXTENSION OF REGISTRATION FEES IMPOSED ON VEHICLES REGISTERED IN THE COUNTY OF SAN DIEGO FOR TEN YEARS IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTIONS 9250.7 AND 22710 Sections 9250.7 and 22710 of the California Vehicle Code authorized the establishment of the San Diego County Abandoned Vehicles Abatement Service Authority (AVASA) in 1991, and the imposition of a $1 fee on vehicles registered in the County of San Diego. Senate Bill 106, chaptered on August 31, 2001, amended California Vehicle Code sections 9250.7 and 22710 to allow for the extension of the registration fees in increments of up to ten years. This resolution provides for Chula Vista's conditional endorsement of the extension of a San Diego County Abandoned Vehicle Abatement Service Authority. (Chief of Police/Director of Planning and Building) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS IMPRACTICAL, APPROVING THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HELIX ENVIRONMENTAL PLANNING, INC., FOR PROFESSIONAL SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) SUBAREA PLAN, INCREASING THE AMOUNT OF THE AGREEMENT TO $63,000, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT AMENDMENT Page 3 - Council Agenda 11/20/01 An increased scope of work is needed to complete the Quino Checkerspot Butterfly Habitat Conservation Plan component of the MSCP Subarea Plan. This contract amendment increases the contract to $63,000 thereby requiring City Council approval. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY OF CHULA VISTA MASTER FEE SCHEDULE TO REDUCE THE BUILDING PERMIT FEE FOR THE INSTALLATION OF PHOTOVOLTAIC SYSTEMS IN RESIDENTIAL OCCUPANCIES TO A FLAT FEE OF $45, AS AN INCENTIVE TO PROMOTE THE CONTINUED RESEARCH AND DEVELOPMENT OF THIS NEW TECHNOLOGY Council has expressed a desire to support energy conservation programs, to include providing a financial incentive to homeowners who install photovoltaic systems. While the number of installations of these systems is anticipated to be low, the reduction of fees to a level below the average permit fees collected by other jurisdictions in San Diego County can be considered an incentive to encourage their expanded use in Chula Vista. (Director of Plauning and Building) 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 o11 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. 11. CONSIDERATION OF A REQUEST TO AMEND THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, MODIFY THE OTAY RANCH SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS, CONSIDER A CONDITIONAL USE PERMIT (CUP) FOR A REDUCTION OF PARKING STANDARDS FOR AFFORDABLE AND SENIOR HOUSING 1N VILLAGE ONE, AND RENAME A PORTION OF PASEO RANCIIERO TO HERITAGE ROAD THROUGH OTAY RANCH (APPLICANT - THE OTAY RANCH COMPANY) (CONTINUED FROM THE MEETING OF NOVEMBER 13,2001) Page 4 - Council Agenda 11/20/01 The Otay Ranch Company has applied to amend the Otay Ranch Sectional Planning Area (SPA) One Plan to reallocate 97 unused dwelling units authorized by the Otay Ranch General Development Plan for the Village One core mixed-use project and modify the SPA One Planned Community District Regulations to allow "for-profit" day care centers. The applicant also requests consideration of a conditional use permit to allow a reduction in parking standards for senior and affordable housing in the mixed-use project, as well as a request to rename Paseo Ranchero to Heritage Road, south of Telegraph Canyon Road. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing, place the following ordinance on first reading, and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN AND RENAME A PORTION OF PASEO RANCHERO TO HERITAGE ROAD B. 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, ALLOWING "FOR-PROFIT" DAY CARE FACILITIES IN COMMUNITY PURPOSE FACILITY ZONING DISTRICTS, AS AUTHORIZED IN THE PLANNED COMMUNITY ZONE C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT FOR REDUCED PARKING STANDARDS ON AFFORDABLE AND SENIOR HOUSING IN NEIGHBORHOODS R-47 AND C-1 IN THE VILLAGE ONE CORE, AND ADOPT THE ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT - 95-01 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. 12. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING THE FORMATION OF A COMMITTEE TO REVIEW THE PROVISIONS OF THE MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTIONS, AND ADOPTION OF AN ORDINANCE AMENDING SECTION 2.52.165 OF THE MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTIONS 11/20/01 Page 5 - Council Agenda At the October 23, 2001 Council meeting, the City Council referred several issues relating to the City's Campaign Ordinance to the City Attorney with direction to return at a later date. The City Attorney was requested to develop language to resolve certain difficulties with the provisions of Section 2.52.165, and to return with a recommendation concerning the formation of a committee to look at the entire campaign ordinance. (City Attorney) Staff recommendation: Council accept the report, place the following ordinance on first reading, and give direction to the City Attorney to return to Council with a revised campaign ordinance. A. REPORT REGARDING THE FORMATION OF A COMMITTEE TO REVIEW THE PROVISIONS OF THE MUNICIPAL CODE RELATING TO CAMPAIGN CONTRiBUTIONS B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 2.52.165 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO CAMPAIGN CONTRiBUTIONS 13. CONSIDERATION OF ACCEPTANCE OF THE CITY MANAGER'S CERTIFICATION OF SOLE SERVICE STATUS AND APPROVAL OF AN AGREEMENT WITH HIGHLAND PARTNERSHiP, 1NC., FOR THE DESIGN AND CONSTRUCTION OF THE NEW POLICE FACILITY AND RELATED IMPROVEMENTS At the July 10, 2001 joint meeting of the City Council/Redevelopment Agency, staff was authorized to begin condemnation proceedings for the property located at 362-398 "F" Street for the construction of the City's new Police Headquarters. Adoption of this resolution will award an agreement with Highland Partnership, Inc. and request appropriation of funds from the available fund balance of the General Fund, sufficient to cover project costs until long-term financing is obtained. Staff recommendation: Council adopt the following resolution and direct staff to return within 120 days with a long-term financing plan to fund the balance of construction costs related to the new Police Headquarters. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER'S CERTIFICATION OF SOLE SERVICE STATUS AND APPROVING AN AGREEMENT WITH HIGHLAND PARTNERSHiP, 1NC., FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT THE NEW POLICE FACILITY AND RELATED IMPROVEMENTS, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) ITEMS PULLED FROM THE CONSENT CALENDAR Page 6 - Council Agenda 11/20/01 OTHER BUSINESS 14. CITY MANAGER'S REPORTS A. Scheduling of meetings. 15. MAYOR'S REPORTS 16. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Clerk's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) · Tuchscher Development Enterprises, Inc. v. City of Chula Vista (case no. GIC 758620) 18. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION pURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) · One case ADJOURNMENT to the Regular Meeting of December 4, 2001, at 4:00 p.m. in the Council Chambers. 11/20/01 Page 7 - Council Agenda FRANK PAUL RUFFI~o 2029 CLEARWATER PLACE CHULA VISTA, CALIFORNIA 91913 November 13, 2001 Mr. Frank Chidester, Chairman Civil Service Commission City of Chula Vista 276 Foarth Ave. Chula Vista, Califorrfia 91910 Subject: Commission Resignation Dem- Mr. Chidester: As we have discussed, because of changes m my personal responsibilities, I have decided to resi~ my civil service comrmssion position, effective inmuediately. The decision has been quite difficult for me because I uruly have enjoyed working w/th all of you. Good luck to you and my best wishes to the civil service commissioners and staffin the years to come. Frank Paul Ruffino r"~ Co i o=er Chula Vista Civil Service Commission cc: Mayor's Office ~/City Clerk Human Resources Department COUNCIL AGENDA STATEMENT Item Meeting Date: 11/20/01 ITEM TITLE: Resolution Accepting bids and awarding contract for the "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, California FY 2001-2002 (STL-276)" Project. SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager ~ (4/5ths Vote: Yes_No X ) On October 17, 2001, the Director of Public Works received sealed bids for the "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, California FY 2001-2002 (STL- 276)" Project. The work to be done, involves the removal of curb, gutter and sidewalk and the construction of pedestrian ramps on various streets in the City of Chula Vista. The work also includes all labor, material, equipment, transportation, protection of existing improvements and traffic control necessary for the project. The location and type of sidewalk ramp to be constructed is summarized in Table I (Attachment A). RECOMMENDATION: That Council accept bids and award the contract for the "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, California FY 2001-2002 (STL-276)" to Portillo Concrete Inc. of Chula Vista, California, in the amount of $37,300.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for this project were budgeted in the FY 2001-02 Capital Improvements Program (CIP) budget. This is an annual program funded with Community Development Block Grant funds (CDBG). Its purpose is to construct as many sidewalk ramps as possible with the allocated funds at various locations throughout the City. The locations are generally near schools, shopping areas, bus routes or in many cases where we have had specific requests by property owners to install the sidewalk ramps. Staff also attempts to have not only a sufficient number of locations prepared for improvement but to have a "surplus" of locations ready to go forward in the event that additional CDBG funding becomes available, other CDBG funded projects experience delays or problems that could jeopardize those funds or the City receives very competitive bids ~vhich could enable the City to include additional locations in the project. The City received bids from four contractors as follows: CONTRACTOR BID AMOUNT 1. Portillo Concrete Inc., Chula Vista, California $37,300.00 2. J.M. Scibilia, Inc., Escondido, California $37,946.00 3. M.J.C. Construction, Inc., Chula Vista, California $39,100.00 4. Tri-Group Construction Inc., Poway, California $39,860.00 Page 2, Item Meeting Date: 11/20/01 The low bid by Portillo Concrete Inc., is above the Engineer's estimate of $34,100.00 by $3,200.00 or approximately 10%. Staff's bid estimate was based on average prices for similar type of work completed during the last three years. Based on the low bid, thirty-four (34) sidewalk ramps will be constructed. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. The Contractor's License No. 680144 is current and active. Portillo Concrete Inc. has also done several CIP projects for the City and its work has been satisfactory. Staff has reviewed the low bid and recommends awarding the contract for $37,300.00 to Portillo Concrete Inc. of Chula Vista, California. Contract Amount Revision The contract documents allow the City to decrease or increase the unit quantity for the construction of additional sidewalk ramps without a change in the contract unit price bid by the Contractor. Disadvantaged Business Enterprise Goal The bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals. Judith Atwood, Community Development Specialist, has reviewed the bid documents submitted by the three (3) lowest bidders. Her conclusion is that DBE review is not required since the lowest bidder, Portillo Concrete Inc., did not list any subcontractor's for this project (See Attachment B). Staff also reviewed Portillo Concrete Inc. eligibility status with regard to federal procurement programs and the status of the State contractor's licenses. Portillo Concrete Inc. is not listed as excluded from Federal Procurement Programs (list of parties excluded from Federal procurement or non-procurement programs as of January 9, 2001). Disclosure Statement Attached is a copy of the contractor's Disclosure Statement as Attachment C. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) (Existing Facilities) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Page 3, Item Meeting Date: 11/20/01 Fiscal Impact FUNDS REQUIRED FOR CONSTRUCTION A. Contract Award Amount (Portillo Concrete Inc.) $37,300.00 B. Contingencies (approximately 10%) $3,800.00 C. StaffCosts (Design & Inspection) $8,900.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $50,000.00 FUNDS AVAILABLE FOR CONSTRUCTION A. FY 2001-02 ADA Curb Cut Annual Program (CDBG) $50,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $50,000.00 Upon completion of the project, only routine maintenance will be required. Attachments: A - Table I B Memorandum from Community Development C Contractor's Disclosure Statement Cm J:\ENG1NEER~AGENDA\STL276-A113.DOC A*~m;ACHMEN!' ~ ~.,,~{ ~,.~ Community Development Department ~ City Of Chela Vista MEMO 276 Fourth Avenue Chula Vista, Ca 91910 (~l~' OF 619.585.5722 -619.585.5698 Fax CHULA VIS'I'A cvcorndev@ci.ch ula-vista.ca.us Thursday, October 25, 2001 TO: JIM HOLMES, CIVIL ENGINEER, PROJECT DESIGN & MANAGEMENT SECTION FROM: JUDITH ATVVOOD, SENIOR COMMUNITY DEVELOPMENT SPECIALIST RE.' DBE REVIEW OF STL 276 I have reviewed the lowest bid estimate from Portillo Concrete and noticed that Podillo Concrete is not utilizing subcontractors and therefore does not need to be reviewed further for DBE. The intent of the DBE program is to have prime contractors use local DBE subcontractors. Please keep in mind that as a federally-funded project, Davis Bacon Prevailing Wage requirements must be followed. If you should have any questions regarding this memorandum, please call me at extension 5036. A'~-~'ACHMEN} .. THE CITY OF CHULA VISTA DISCLOSURE STATEMENT 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 disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the property that is the subject of the application or the cpntract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. 3. I f any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, includin~g any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 46 J :\Engineer~DMIN\CONTRACT~STL276R.doc 5. Has any person* associated with this contract had any financial dealings with a~tofficial** of 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 ,wi)hin the past twelve (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 tl~$1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No~__If Yes, 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) mont~? (Tbis includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No /N. If Yes, which official** and what was the nature of item provided? Sighat~re of Contractor/Applicant POATIb(Z) · Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fYaternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any otl~er group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 47 J :\E ngineer\ADMIN',CONTRACT\S/L276R.doc RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING CONTRACT FOR THE "CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS IN THE CITY OF CHULA VISTA, CALIFORNIA FY 2001-2002 (STL-276)" PROJECT WHEREAS, on October 17, 2001, the Director of Public Works received the following four sealed bids for the "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, CA FY 2001-02 (STL-276)" Project: Contractor Bid Amount 1. Portillo Concrete, Inc., Chula Vista, CA $37,300.00 2. J.M. Scibilia, Inc., Escondido, CA $37,946.00 3. MJC Construction, Inc., Chula Vista, CA $39,100.00 4. Tri-Group Construction Inc., Poway, CA $39,860.00 WHEREAS, the low bid by Portillo Concrete Inc., is above the Engineer's estimate of $34,100.00 by $3,200.00 or approximately 10%; and WHEREAS, staff's bid estimate was based on average prices for similar type of work completed during the last three years and based on the low bid, thirty-four (34) sidewalk ramps will be constructed; and WHEREAS, the contract documents allow the City to decrease or increase the unit quantity for the construction of additional sidewalk ramps without a change in the contract unit price bid by the contractor; and WHEREAS, the bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals and staff has reviewed the bid documents submitted by the three lowest bidders and concluded that DBE review is not required since the lowest bidder, Portillo Concrete Inc., did not list any subcontractors for the project; and WHEREAS, the low bidder has satisfactorily met all the requirements and staff, therefore, recommends awarding the contract to Portillo Concrete Inc~; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301 Class 1 (c) (Existing Facilities) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award a contract for the "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, CA. FY 2001-02 (STL-276)" Project to Portillo Concrete Inc. of Chula Vista, in the amount of $37,300.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney [J:~ATTORNEY~RES0[Sidewalk ramps bid 1 (Novermber 9, 2001 (10:36AM)] 2 ~I~ -.- CIlY OF CHUlA VISTA Nav 2 a 2001 MEMORANDUM November 20,2001 File No. 0735-010-STL-276 SUBJECT: David T. Hanson, Deputy City Att(}.:¡ d James R. Holmes, Civil Engineer ~ttff Disclosure Statement - Portillo Concrete(Sidewalk Ramps - STL-276) TO: FROM: Attached is a revised copy of the Disclosure Statement from Portillo Concrete. If you have any questions, please contact me at extension 5179. Attachment Disclosure Statement cm DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISIONIPROJECT DESIGN AND MANAGEMENT 11/20/2001 13;39 FAX 16195655606 CITY OF CV/PDIl 1ilI002 THE CITY OF CHULA VISTA DISCLOSBU: STATEMENT P<1rSllantto Council Policy 10 j om, prior to IDlY action upon matters which will require discretionary action by the Cou11cil, Planning Commission and all other official bodies "fthe City, a statement of disclosure of certain ownership or f'manoial interests, payments, or campaign contributions for a City of ChuIa Vista election must be filed. The following information must be disclosed: I. List the names of all per1ions having a financial interest in the property that is the subject of the appJication or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. fb£ifu.o ~¡.;c~TE: ':¡:¡i/t!.. 2. If any persou' identified pursuant to (I) above is a corporation or partnership, list the namCS of all individuals with a $1000 investment in the business (corporation/partnership) entity. II"'~D I'bIl[IU..Ò 3. If allY person' identified pursualltto (I) above is a non-profit organization or trust, list the names of any person serving as director oftbe non-profit organization or as trustee or beneficiary or trustor of the trust. ,,;{It- 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this malter. AI fit 4(i 11/20/2001 13: 39 FAX 16195855608 CITY OF CV/PDIl ~OO3 S. Has any person. associated with this contract had any financial dealings with an official" of the City ofChula Vista as it relates to this contract within the past 12 montbs? Yes___No_- Ai/It --------- If Yes, bdefly describe the nature of the financial interest lite official." may have in this contract. 6. Have you made a contributiou of more tban $250 ~ tbe past twelve (12) months to a current member of the Chul. Vista City Council" Ycs_No TfYes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of DireetorslExecutives, non-profit Board of Directors made contributions totaling more thw$I,OOO.over the past four (4) years to a c"rrent member of the Chul. Vista Cn). Council? Yes_No~fYes. which Council membe,'? 8. Have you provided mare than $300 (or an item ofequiva1ent value) to an official" oftha City of Chula Vista in tbe past twelve (12) montþsJ(This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes --. No~ HYcs, which official" and what was the nat<1re orit€m provided? Datej-b.lL~~.QJ ------ ~~¿p~--- Signature of Contractor I Applicant MM/ð IbvnUò Print or type name of Contractor! App1iœnt Person is defined a.s: a.ny individual, firm, co-parmership, joint venture, association, social cl"b, fraternal organization, corporation, estate, troS1, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or 8J\Y other group or combination acting as a unit. .. 0 moial includes, but is nv( limited to: Mayor, CO<1l1ciJ member, PlanningÇommissioner, Member of a board, commission, or committee of the City, employee, or staffrnembers. 47 COUNCIL AGENDA STATEMENT Item Meeting Date 11/20/01 ITEM TITLE: Resolution Accepting bids and awarding contract for "Minor Traffic Signal Modifications in the City of Chuta Vista, CA" (TF283) to T&M Electric, Inc. (dba Perry El?ctric) in the amount of $95,100.00. / SUBMITTED BY: Director of Public Work~// ~ REVIEWED BY: City Manager ~'~j (4/Sths Vote: Yes __ No X ) On October 24, 2001, the Director of Public works received sealed bids from five (5) electrical contractors for the project "Minor Traffic Signal Modifications in the City of Chula Vista, CA" (TF283). This is a state-grant funded project under the Congestion Mitigation and Air Quality (CMAQ) program. T & M Electric, Inc. (dba Perry Electric) submitted the low bid of$95,100.00 for this project. RECOMMENDATION: That Council accept the bids and award the contract for the project "Minor Traffic Signal Modifications in the City of Chula Vista, CA" (TF283) to T & M Electric, Inc. (dba Perry Electric) in the amount of $95,100.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project will provide for minor traffic signal modifications at the following five intersections: 1) First Ave./L St. 2) SecondAve./L St. 3) Hilltop Dr./Naples St. 4) Hilltop Dr./Palomar St., and 5) Telegraph Canyon Rd./Medical Center Dr. The work involved includes the installation of vehicular indications, pull boxes, ADA pedestrian push buttons, detector loops, trenching and conduit, rewiring and video detection systems. This project is funded by state grants under the Congestion Mitigation and Air Quality (CMAQ) program. Page 2, Item Meeting Date 11/20/01 Bidding Process Engineering staff prepared the plans and specifications and advertised the project. On October 24, 2001, staff received five bids from the following contractors: Contractor Bid Amount T & M Electric, Inc. (dba Perry Electric) $95,100.00 Sierra Electric, Inc. $95,933.00 HMS Construction, Inc. $97,231.00 Lekos Electric, Inc. $101,160.00 DBX, Inc. $104,440.00 The low bid, submitted by T & M Electric, Inc., is above the engineer's estimate of $87,730.00 by $7,370.00 or 8.4%. The engineer's estimate is based on average unit prices received recently on similar types of projects. Disclosure Statement A copy of the contractor's Disclosure Statement is attached. Environmental Status The work involved in this project is exempt under Section 15301, Class lc of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Stmctures). Prevailing Wage Statement This project is funded through State CMAQ and City Traffic Signal funds. Therefore, the State of California General Wage Rate Determination of September 28, 2001 has been incorporated into the bid documents for the project. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (T & M Electric, Inc., dba Perry Electric) $95,100.00 B. Contingencies (I 0%) $9,500.00 C. Staff Costs (Design, Inspection, Contract Administration) $25,400.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $130,000.00 Page 3, Item Meeting Date 11/20/01 FUNDS AVAILABLE FOR CONSTRUCTION A. CMAQ Funds [ $112,000.00 B. Traffic Signal Funds I $18,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $130,000.00 This is a State Grant funded project; therefore, the City initially funds all project costs. Requests for reimbursement are submitted to the State during the course of the project as allowed by State requirements. After completion of construction, only routine City maintenance will be required. The City will incur no significant additional maintenance or energy costs as a result of this project. Attachment: Contractor's Disclosure Statement J:\Engineer~GENDA\TF283A 113.doc 10/25/01 2:28:06 PM Prepared by: S. Mihalka File: 0735~10-TF283 TEEE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign 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. I. List the names of all persons having a financial interest in the property that is the subject of the application or the eonmaet, e.g., owner, applicant, contractor, subcontractor, and material supplier. 2. If any person* identified pursuant to (1) above is a corporation or parmership, list the names of all individuals with a $! 000 investment in the business (corporation/parmership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trust0r of the mast. 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. ! 5. Has any person* associated with this contract had any financial dealings w th an official** of the City of Chula Vista as it relates to this con~ract within the past 12 months? Yes No ~ lfYes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to 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 / If Yes, 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 includes being 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: Signature of Contractor/Applica~ rmt or type name of Contractor/Appt'icant * Person is defmed as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, s.vndicate, any other county, city, municipality, dislrict, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the Ci~,, employee, or staff members. RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "MINOR TRAFFIC SIGNAL MODIFICATIONS IN THE CITY OF CHULA VISTA, CA" (TF283) TO T&M ELECTRIC, INC. (DBA PERRY ELECTRIC) IN THE AMOUNT OF $95,100.00 WHEREAS, on October 24, 2001, the Director of Public works received the following sealed bids from five (5) electrical contractors for the project "Minor Traffic Signal Modifications in the City of Chula Vista, Ca." (TF283): Contractor Bid Amount T&M Electric, Inc. (dba Perry Electric) $95,100.00 Sierra Electric, Inc. $95,933.00 HMS Construction, Inc. $97,231.00 Lekos Electric, Inc. $101,160.00 DBX, Inc. $104,440.00 WHEREAS, the low bid, submitted by T&M Electric, Inc., is above the engineer's estimate of $87,730.00 by $7,370.00 or 8.4% which estimate is based on average unit prices received recently on similar types of projects; and WHEREAS, this project is h~nded through State CMAQ and City Traffic Signal funds, therefore, the State of California General Wage Rate Determination of September 28, 2001 has been incorporated into the bid document for the project; and WHEREAS, the work involved in this project is cxempt under Section 1530I, Class lc of tlao California Environmental Quality Act (Minor Alterations of Existing Public hnprovements or Public Structures). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award the contract for "Minor Traffic Signal Modifications in the City of Chula Vista, CA." (TF283) to T&M Electric, Inc. (dba Perry Electric) in the amount of $95,100.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby atttborized to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney COUNCIL AGENDA STATEMENT Item Meeting Date 11/20/01 ITEM TITLE: A) Resolution Approving the Joint Use Agreement for the Olympic Parkway Right of Way with the San Diego County Water Authority in substantially the form presented to the City Council subject to such minor revisions as may be approved by the City Attorney and authorizing the City Manager to execute said agreement. B) Resolution Approving the Joint Use Agreement for the Olympic Parkway Right of Way with San Diego Gas & Electric in substantially the form presented to the City Council subject to such minor revisions as may be approved by the City Attorney and authorizing the City Manager to execute said agreement. SUBMITTED BY: Director of Public Works (~[// REVIEWED BY: City Manager~--~'{c.-~ (4/Sths Vote: Yes No X ) The San Diego County Water Authority and San Diego Gas & Electric have approved the form of the Joint Use Agreements with the City of Chula Vista to allow Olympic Parkway and its associated improvements and utilities to encroach their respective easements. The area is located southwest of Eastlake Greens, where a major utility corridor crosses Olympic Parkway. The agreements outline each party's responsibilities and obligations for the subject portion of Olympic Parkway and the easement areas that are being used jointly for public right of way, landscape maintenance, traffic signal interconnect, street lights, the conveyance of water, reclaimed water, sewer and storm drainage. RECOMMENDATION: That Council A) approve the resolution approving the Joint Use Agreement between the San Diego County Water Authority and the City of Chula Vista in substantially the form presented to the City Council subject to such minor revisions as may be approved by the City Attorney and authorizing the City Manager to execute the agreement and B) approve the resolution approving the form of the Joint Use Agreement between San Diego Gas & Electric and the City of Chula Vista and authorizing the City Manager to execute the agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The alignment of the proposed construction of Olympic Parkway between SR-125 and Hunte Parkway encroaches upon an existing 120-foot San Diego County Water Authority (SDCWA) easement and a 105- to 120-foot San Diego Gas & Page 2, Item Meeting Date 11/20/01 Electric (SDG&E) easement. Both SDCWA and SDG&E have approved the form of their respective Joint Use Agreements with the City Of Chula Vista for the portions of Olympic Parkway and its associated improvements and utilities within their respective easements. Tonight's action will finalize the subject agreements with SDCWA and SDG&E. FISCAL IMPACT: None. A deposit by the Eastlake Company has funded all staff costs associated with the processing of the Joint Use Agreements. Attachments: Exhibit "A" Locator Plat AR J:~,Engineer\LANDDEV\O[ YMPIC\J UA AgendaStatement doc EXHIBIT A-I ©/~ ~\ c^N¥ON ~-/ I- SITE' ' I"~ VICINITY I NO SCALE LEGEND BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE WEST LINE OF LOT C, MAP NO. 13292, I.E. N41°24'15'w. .~.~ - ,,.~ , , .. 1 r'-' I ~ m'-. ~ ?,~--'~-"'.,1~" GRAPHIC SCALE 1"- 50' By Revisions Date App'd CiVCOM & ASSOCIATES 3665 Ruf-firm ROOd, Suite 230 Son Diego, Cclifor-mlo (858) 808-8800 FOx; (858) 505-8866 S:NCIVCOMN 1205 XINTEG-MBNJOINTUSE EXHIBIT A-Z ,, ~ ,, ',,, ~ ',.,, . ,,,",,,,, ~k~ ',,,,, ~ ~~.~'./~ ~., x ,, x '~ r_~>" ~,, COURSE RADIUS T~GENT ARC LENGTH DELTA 1 5000.00' 70.89' 141.76' 2 5068.00' 55.83' ~13.67' 1' 17'06" 3 5000.00' 57.77' 115.53' 1~ 19'26" 4 4932.00' 65.32' 130.63' 1" 31'03" 5 5000.00' 8.30' 16.60' 0" 11'25" N ~~%~ THE BASIS OF BEARINGS FOR THiS PLAT "~ ~.~ THE ~VEST L~NE OF LOT C, MAP NO. 15292, By Revisions Date I App'd CIMOO~ & ASSOOIATES 3GG5 Ruffln Road, Suite 230 San 01ego, (858) 505-8800 Fax: (858) 505-88~6 S:kCIVCOM~ 1205 X~NTEG-MSkJOINTUSE2 RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE JOINT USE AGREEMENT FOR THE OLYMPIC PARKWAY RIGHT OF WAY WITH THE SAN DIEGO COUNTY WATER AUTHORITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the San Diego County Water Authority has approved the Joint Use Agreement with the City of Chula Vista to allow Olympic Parkway and its associated improvements and utilities to encroach their respective easements; and WHEREAS, the area is located southwest of Eastlake Greens, where a major utility corridor crosses Olympic Parkway; and WHEREAS, the agreement outlines the responsibilities and obligations for the subject portion of Olympic Parkway and the easement areas that are being used jointly for public right of way, landscape maintenance, traffic signal interconnect, street lights, the conveyance of water, reclaimed water, sewer and storm drainage. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves the Joint Use Agreement for the Olympic Parkway Right of Way with the San Diego County Water Authority in substantially the form presented to the City Council subject to such minor revisions as may be approved by the City Attorney, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt '~-~~~~Jo~ Kahen~/ Director of Public Works C~v A~t°rne~/ J;\Attorney\RESO\Joint Use Oly Parkway RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: San Diego County Water Authority Right of Way Department 4677 Overland Avenue San Diego, CA 92123 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV.CODE [6103]) APN Cf 643-170-04 SPACE ABOVE FOR RECORDER'S USE JOINT USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO COUNTY WATER AUTHORITY This Agreement is made between the San Diego County Water Authority (hereinafter "Authority") and the City of Chula Vista (hereinafter "City") this day of ., 2001, to allow a public street and associated improvements and utilities to cross the Authority's easement and right of way. WHEREAS, Authority owns certain easements described in Exhibit A and shown on Exhibit B in which it has pipelines and other facilities for the transmission of water ("Authority Easements"); and WHEREAS, The Eastlake Company, LLC and Brookfield Shea Otay, LLC are the fee owners of the property that is subject to the Authority's easements; and WHEREAS, the fee owners have irrevocably dedicated to the City of Chula Vista property or interests therein for public street, utility and appurtenant purposes as shown on Exhibit "B' for the City of Chula Vista Olympic Parkway project (refer to the Grading and Improvement plans - City of Chula Vista Work Order No. ET 010C and ET 010G; Drawing Numbers 97-27 through 97-19), which dedication is subject to the Authority's easement; and WHEREAS, City and the Authority desire to establish the terms and conditions for the construction, operation and maintenance of a public street and appurtenant and associated improvements and utilities including but not limited to: storm drains, brow ditches, sewer mains, sewer force main, water mains, reclaimed water mains, street light improvements, traffic signal improvements, asphalt, curb, gutter, sidewalk, trails, and landscape and irrigation improvements ("City Facilities") in, over, under and across Authority's easement and right of way along the route particularly shown on Exhibit "B" and described on Exhibit "C", ("Designated Route"); NOW, THEREFORE, the parties mutually hereby agree as follows: J:\attorney\ehull\cwa jt use.doc 1. The City, its successors in interest and assigns, may construct, operate and maintain the City Facilities within the property subject to the Authority's Easements along the Designated Route, under the terms and conditions stated herein. 2. Plans for the installation of the City Facilities, including work or improvements reasonably necessary to protect the Authority pipelines and other structures and facilities, shall be approved by the Authority in advance of construction. Authority's approval shall not be unreasonably withheld. City shall give written notice to the Authority not more than 30 days nor less than 15 days before the date of commencement of construction of the City Facilities. Authority inspectors shall have access to the property during construction. 3. Neither this Agreement nor the construction, operation or maintenance of the City Facilities shall, in any way, limit, alter, modify, expand, or terminate any of the Authority's rights under the Authority's Easements or any of the rights of the owner of the servient tenement. 4. City agrees not to interrupt the use or operation of Authority's facilities. 5. Authority shall be deemed the "party first in place" and its rights and interests shall be prior in time and superior in title to those of City. Nothing herein contained shall constitute a grant of easement or other interest in property by Authority to City. 6. Following completion of the City Facilities, whenever the Authority so requests, the parties agree to work cooperatively to assesses reasonable construction alternatives, coordinate traffic control and otherwise manage the City Facilities as deemed necessary by the Authority for the full exercise of its rights under the Authority Easements. Except to the extent specifically provided in an Authority Easement, City shall, at its sole expense, remove and replace, rearrange, restore or relocate the City Facilities as may be necessary or convenient for the Authority's use and enjoyment of its easements. Except in the event of an emergency, Authority agrees to give City 180 days written notice to remove and replace, rearrange or relocate the Facilities. Plans for removal and replacement, rearranging, or relocation of the Facilities shall be subject to paragraph 2, above. In the event of an emergency affecting the public health, safety or welfare, as determined by the Authority, or in the event of either (a) City's failure to remove and replace, rearrange, or relocate the City Facilities within 180 days after the Authority has given written notice or, (b) City's failure to remove and replace, rearrange, or relocate the City Facilities according to a schedule approved in writing by the Authority within 180 days after the Authority has given written notice, then the Authority may remove the City Facilities without obligation to City. This Agreement shall apply to City Facilities removed and replaced or restored, rearranged, or relocated pursuant to this paragraph. Authority acknowledges that with respect to the foot wide strip of land subject to Authority Easement recorded as document no. ., the Authority has the obligation to restore the City Facilities pursuant to the terms of that certain easement. J:\attorney\ehull\cwa jt use.doc 2 7. This Agreement shall run with the land and be binding upon both parties, its representatives, agents, successors, and assigns. 8. The parties understand and agree that this Agreement grants only the consent of the Authority to the activities identified under the terms and conditions stated herein. City is responsible for acquiring any other property rights, licenses, or permits needed to conduct the identified activities. 9. City shall save, indemnify and hold harmless the Authority against any liability, loss, cost, damage and expense caused by or arising from (i) an act(s) or omission(s) of City, its employees, agents, contractors, successors and assigns or (ii) the location and existence of the City Facilities, whether defective or otherwise; including, but not limited to any such loss, cost, damage, liability and expense arising from damage to or destruction of real and personal property or injury to or death of any person; provided, however, that City duty to indemnify and hold harmless shall not include any claims or liability arising from the established negligence or willful misconduct of the Authority, its agents, officers, or employees. City shall cause the Authority, and its officers and employees, to be named as an additional insured on any policy or policies of insurance required by the City with respect to the construction of the City Facilities. 10. The City Facilities shall be maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of City and its successors in interest. 11. In the event either party commences legal action against the other by reason of an alleged breach of this Agreement or in connection with the use of the Authority's easement and right of way, the prevailing party shalt be entitled to recover court costs and attorney's fees as set by the court. "Prevailing Party" means the party in whose favor final judgment is rendered. 12. Any notice required, permitted, or contemplated under this Agreement shall be deemed given when actually delivered or when deposited in the mail, certified or registered, postage prepaid, addressed as follows: TO AUTHORITY: San Diego County Water Authority Right of Way Department 4677 Overland Avenue San Diego, CA 92123 TO COMPANY: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 ATTENTION: TOM ADLER J:\attorney\ehull\cwa jt use.doc 3 iN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by a duly authorized officer on the day and year first above written. By: Dated: SAN DIEGO COUNTY WATER AUTHORITY William J. Rose, Director of Right of Way By: Dated: CITY OF CHULA VISTA David D. Rowlands, Jr., City Manager Approved as to form: By: Dated: Daniel S. Hentschke, General Counsel San Diego County Water Authority J:\attorney\ehull\cwa jt use.doc 4 RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE JOINT USE AGREEMENT FOR THE OLYMPIC PARKWAY RIGHT OF WAY WITH SAN DIEGO GAS & ELECTRIC AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, San Diego Gas & Electric has approved the Joint Use Agreement with the City of Chula Vista to allow Olympic Parkway and its associated improvements and utilities to encroach their respective easements; and WHEREAS, the area is located southwest of Eastlake Greens, where a major utility corridor crosses Olympic Parkway; and WHEREAS, the agreement outlines the responsibilities and. obligations for the subject portion of Olympic Parkway and the easement areas that are being used jointly for public right of way, landscape maintenance, traffic signal interconnect, street lights, the conveyance of water, reclaimed water, sewer and storm drainage. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves the Joint Use Agreement for the Olympic Parkway Right of Way with the San Diego County Water Authority in substantially the form presented to the City Council subject to such minor revisions as may be approved by the City Attorney, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Jo~ Jo M. Kaheny~ Director of Public WorksAy Attorney J~Attorney~RESO~Joint Use Oly Parkway Recording Requested by City of San Diego When recorded, mail to: San Diego Gas & Electric Company P. O. Box 1831 San Diego, CA 92112 Attn: Thomas H. Duncan CP-51B SPACE ABOVE FOR RECORDER'S USE THE UNDERSIGNED DECLARES CONSIDERATION IS LESS THAN $100 AND TRANSFER TAX IS NONE. JOINT USE AGREEMENT THIS AGREEMENT, dated ., by and between SAN DIEGO GAS & ELECTRIC, a corporation (SDG&E), and THE CITY OF CHULA VISTA, a municipal corporation (CITY), is made with reference to the following facts: A. SDG&E is engaged in the business of transmitting and distributing gas and electricity within the City of San Diego, County of San Diego, State of California, and has facilities for such purposes located in, upon, over, under, and across that certain easement and right-of-way granted to SDG&E per document Recorded <<RecDate>> as File/Page No. 83-107983 of Official Records. B. CITY is now acquiring or has acquired, easements for public street purposes in, upon, over and across the real property described in Exhibit "A", which is attached hereto and by this reference made a part hereof, and intends to construct, operate and maintain therein a segment of Olympic Parkway, public dedicated street and its associated improvements and utilities, the location of which is shown on Exhibit "B" attached hereto and made a part hereof; and C. The street dedication referred hereto is shown on City Final Map No. 13292, recorded January 25, 1996 as File/Page No. 1996-0038599, and Irrevocable Offer of Dedication #1997-0380509, both of Official Records, copies of which are on file in the office of the City Engineer of the City of Chula Vista; and the San Diego County Recorder's Office. D. CITY and SDG&E desire to provide for the joint use of the area common to both the SDG&E easement and right-of-way and the CITY's dedicated street right-of- way for the construction, operation, and maintenance of both parties' facilities in, over, under, and across the aforesaid common area. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: In lieu of dedication, SDG&E hereby consents that a public street and its associated improvements and utilities may be constructed and maintained over, upon and across that portion of SDG&E's aforementioned easement and right-of-way lying within the limits of the proposed public street as shown on said Exhibit "B" hereinafter referred to as area subject to the following: (a) In the event that the future use or alteration of said area by the CITY for streets or public improvements incidental thereto shall at any time or times necessitate or rearrangement, relocation or reconstruction of any of SDG&E's facilities or the acquisition of additional property easements, or both, pursuant thereto, the same shall be performed by SDG&E, or by any other party with the consent of SDG&E, at the cost of the CITY. (b) In the event that the future use of SDG&E's easement or properties by SDG&E shall at any time or times necessitate a rearrangement, relocation, or reconstruction of the public improvements incidental thereto, the same shall be performed at the cost of CITY. (c) All uses of said area by either party shall be such as will not permanently interrupt the use or operation of the facilities therein of the other party; uses of said area by either party which temporarily interfere with the use of the other party will be made only when reasonably necessary and will be promptly terminated as soon as the necessity therefore no longer exists. (d) SDG&E retains the right to review and approve of specific locations of all facilities within its easement to avoid conflict with existing and future SDG&E facilities. Such approvals shall be granted by SDG&E's "Letter of Permission for -2- Grading and Construction of Improvements" and approvals shall not be unreasonably withheld. (e) If the CITY shall hereafter vacate, in whole or in part, the area which is occupied by SDG&E's easement, the CITY shall, in the vacation proceedings, reserve to SDG&E all rights owned by SDG&E prior to the execution of this agreement. (f) Except as expressly herein set forth, this agreement shall not in any way alter, modify, or terminate any of SDG&E's rights in said area. 1N WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by duly authorized officers. SAN DIEGO GAS & ELECTRIC CO., CITY OF CHULA VISTA, a California Corporation a Municipal Corporation By: By: John B. Burton David D. Rowlands, Jr. Land Management Manager City Manager APPROVED as to form and legality this day of ,200_. John M. Kaheny, City Attorney By: Peggy McCarberg Chief Deputy City Attorney DRAWN BY: DATE: November 15,2001 R/W NO.: <<ROW>> A.P. NO.: <<APN>) DWG. NO.: <<DrawNo>> -3- COUNCIL AGENDA STATEMENT Item ~, Meeting Date 11/20/01 Item Title: Resolution Approving the temporary closure of Olympic Parkway between Hunte Parkway and the ARCO Training Center £or mass grading work within the Eastlake Vistas Project and authorizing the Director o£ Public Works to issue an encroachment permit to Eastlake Development Company for ~/~¢sure Submitted By: Director of Uub~Works [~t~t~' By: City Manager~/r~,°''v (4/$ths Vote: No 3D Reviewed On behalf of the Eastlake Development Company, Darnell & Associates, Inc. (D&A), Eastlake's traffic engineering consultant, has prepared a proposal for the temporary closure of Olympic Parkway between Proctor Valley Road and The ARCO Training Center. The temporary road closure is needed in order for earth-moving vehicles to safely haul dirt and rock from the north side of to the south side of Olympic Parkway for the development of The Vistas Project. One earthen crossing of approximately 80 feet wide is proposed to be created across that segment of Olympic Parkway so that the haul tracks can safely transverse the roadway without any conflicts with cross traffic and without the possibility of deteriorating the existing roadway. The location of the crossing is approximately 1000' east of the intersection of Hunte Parkway and Olympic Parkway. RECOMMENDATION: That Council adopt the resolution authorizing the closure of Olympic Parkway between Hunte Parkway and The ARCO Training Center and authorizing the Director of Public Works to issue an encroachment permit for said closure. BOARD/COMISSION RECOMMENDATION: Not applicable. DISCUSSION: Eastlake Development Company is requesting approval to temporarily close Olympic Parkway between Hunte Parkway and The ARCO Training Center in order to move approximately 130,000 cubic yards of earth from the north side of Olympic Parkway to the south side (See Exhibit "A") in order to construct The Eastlake Vistas project. There are three (3) alternatives by which this earthwork can be accomplished. They are: 1. Use large scrapers/loaders with street closure to complete the work quickly. 2. Use haul trucks, i.e., load, haul and unload, via City streets. 3. Use large scrapers/loaders crossing Hunte Parkway with flagger control. Each of these alternatives will have impacts to the traffic circulation in the immediate area during the earth-moving operation. A summary of each alternative is outlined below: Page 2, Item Meeting Date 11/20/01 Alternative 1 (See Exhibit "B-1 ") consists of using very large self-contained scrapers/loaders to move dirt from one site to the other in one quick, continuous operation. However, this method requires the complete closure of Olympic Parkway during the entire operation, which is anticipated to last two (2) weeks minimum to four (4) weeks maximum. This time frame assumes 12-hour working days resulting in the movement of approximately 10,000 cubic yards of earth per day. Closing of Olympic Parkway is required in order to construct a temporary crossing designed to prevent damage to the existing street improvements which could result from the extremely heavy loads carried by the scrapers. The temporary crossing consists of an earth cushion with steel plates to spread the load out and reduce its impact on the street improvements. Direct conflict with moving traffic will thereby be eliminated. Alternative 2 (See Exhibit "B-2") is based on using trucks carrying street legal loads over the City streets. This method is much less efficient because it requires equipment operators to pick up the dirt and load it in the trucks, which will then cross Olympic Parkway while being monitored by flag persons, unload at the fill site and make the return trip. Besides being less efficient and more costly, there would most likely be traffic conflicts as the trucks cross Olympic Parkway. Eastlake's traffic engineer estimates 60 potential traffic conflicts per hour as a result of this operation. Dirt spilled on City streets along the route would have to be cleaned up numerous times during each day of operation. This operation is estimated to last a minimum of eleven (11) weeks with a maximum of fourteen (14) weeks. Alternative 3 (See Exhibit "B-2") is similar to Alternative 2 but is based on using scrapers/ loaders and flag persons to control traffic on Olympic Parkway. As a result, full street closure would not be necessary. Flag persons shall stop traffic to allow for the moving equipment to cross Olympic Parkway. This method will result in a potential for up to 60 traffic conflicts per hour in addition to delays and inconveniences to the public. Due to flag persons' control, this method would last a minimum of five (5) weeks with a maximum of eight (8) weeks. In staff's opinion, neither Alternatives 2 nor 3 are desirable for the following reasons: a) the trucks and the small scrapers are heavy enough to damage the street improvements with the number of repetitive trips being made, b) traffic on Olympic Parkway would be hindered while the trucks or scrapers are crossing, thereby causing frustrations for the motoring public and c) there is a greater potential for accidents, even though there will be flag persons employed to guide traffic. Alternative 1 creates less confusion to motorists, allows for a more efficient operation and is less costly. EFFECT ON CITY STREETS The roadway segment of Olympic Parkway between Hunte Parkway and The ARCO Training Center has yet to be accepted by the City, with the exception of the improvements performed adjacent to the Olympic Training Center (OTC). This roadway segment has an average daily Traffic (ADT) count of 401. Closure of the subject segment will result in the need to detour those trips. Eastlake's traffic engineer has already prepared a detour plan to direct eastbound traffic on Otay Lakes Road to southbound Wueste Road. Southbound traffic on Hunte Parkway, destined for the Olympic Training Center, will be directed to the east on Otay Lakes Road to southbound Wueste Road (See Exhibit "B-I"). In addition, Eastlake's Construction Manager, Page 3, Item Meeting Date 11/20/01 Bob Moors, has already met with the OTC management relating to the roadway closure and detour plan and he has obtained their approval for Eastlake's proposal. Traffic counts on Olympic Parkway between Hunte Parkway and The ARCO Training Center as well as counts on Wueste Road and Hunte Parkway are presented on Table 1, which also includes Level Of Service (LOS) for those segments. This is assuming that all motorists, who normally use Olympic Parkway, will utilize the detour. TABLE 1 SUMMARY OF ROADWAY CONDITIONS Total ADT LOS with Detour With Roadway Ex. ADT Ex. LOS Detour Olympic Parkway - Hunte Parkway to ARCO Training Center 401 A 0 N/A Hunte Parkway - South of Otay Lakes Road 3590 A 3189 A Wueste Road - Otay Lakes Road to Olympic Parkway 485 A 886 A No Segment LOS will be adversely impacted by any diversion of traffic as a result of detouring traffic for this closure. Table 1 is a summary of the traffic impact analysis as presented in Exhibit "C". Staff recommends that Council approve Alternative 1 and authorize the Director of Public Works to issue an encroachment permit subject to the following conditions: 1. The closure of Olympic Parkway shall be limited to a maximum of thirty (30) calendar days but in no event shall exceed January 12, 2002. If the closure is not removed and the right-of-way is not restored within 30 calendar days from the start of the closure work, Permittee shall be subject to the imposition of a $5,000 per day penalty at the City's sole discretion. Notwithstanding the foregoing, closure shall be completed by January 12, 2002, in order to avoid any conflicts with the scheduled January 14, 2002, OTC's "passing the torch" event. 2. Maintenance, removal or relocation of the roadway crossing of the private facilities shall be the sole responsibility of Permittee, at no expense to the City. 3. All street surface improvements shall be restored to their original condition, or better, upon removal of the temporary crossing. 4. A detour plan shall be submitted to the Traffic Engineering Section for review and subsequent approval prior to issuance of this permit. Page 4, Item Meeting Date 11/20/01 5. The Permittee agrees to maintain the existing public improvement bond for Olympic parkway in full force and effect. If said bond is not adequate for the roadway closure and restoration of existing improvements, as determined by the City Engineer, Eastlake shall provide additional bonds as necessary in accordance with City requirements. 6. The Permittee agrees to provide for an emergency fire access through the closure area to the satisfaction of the City's Fire Department. 7. Other conditions reasonably required by the City Engineer. Notification of all affected parties, including the motoring public, shall be done by the Permittee in the form of advance warning signs placed at all directions leading to Olympic Parkway, subject to approval by the Traffic Engineering Section. FISCAL IMPACT: All staff costs, including possible public safety costs for traffic control approval and monitoring, will be provided by Eastlake Development Company under either the encroachment permit application or the deposit for the grading permit. There will be no other affiliated costs, since Eastlake Development Company is fully responsible for restoring the street to its original condition Attachments: Exhibit "A" Location of earthwork/grading operation on Olympic Parkway Exhibit "B-I" Alternative I and proposed traffic control and detour route Exhibit "B-2" Alternative 2 & 3 traffic control Exhibit "C" Traffic Impact Analysis Revised by: Majed A1-Ghafry J:\Engineer~AGENDA\OlyPkwyiempclosure.doc Darnell ASSOCIATES. iNC. EXIqlBIT C SepTember 12, 2001 Mr. Ralph Levya CiD' of Chula Vista 276 Fourth Avenue D&A Ref. No: 010904 Chula Vista, CA 91910 Subject: Proposal to close Oly~npic Park~,ay east of Hunte Parkway for 30 days. Dear Mr. Levya: On behalf of The Eastlake Company, LLC, Dm-nell & Associates, Inc. (D&A) has prepared the attached sketch showing the closure of Olympic parkway from Hunte Parkway to ARCO Training Center for a maximum of 30 days. The temporary road closure is needed so hauling vehicles can safely haul dirt from the north side of C~lx~pic Parkway to the south side for the development of The Vistas Project. A dirt crossing approxima(ely 80 feet wide is proposed to be created across Olympic Parkway such that the haul trucks can easily transverse without severely deteriorating the existing pavement. The proposed crossing is located approximately 1000' east of Hunte Parkway. The Fading pl~ for the project includes the necessary road protection to accommodate the crossing. V~%iIe the section of Olympic Parkway is closed, a detour route mound Olympic Parkway will need to be created. Figure 1 shows the proposed plan to detour umffic. As requested we have prepared sketches showing traffic control requirements for an additional alternative. Alternative 2 - Use street legal tracks and place on Ci~ streets with Flagger Control (See Figure 2) AltemariYe 3 - Use large scrapers/loaders crossing Hunte Parkway with Flagger Control (See Figure 2) The closure of Olympic parkway whll result in 40 t vehicles being detoured along Otay Lakes Road to Wueste Road. 'The impact of the closures is presented in Table 1. Table 1 presents daily traffic volumes and Level of Service for existing conditions and with ~e proposed closure. i446 FRONT STREET · SUITE 300 - SAN DIEGO, CA 92101 Mr. Ralph Levya Ci~ of Chula Vista AuguSt 21,2001 Page 2 TABLE 1 SUM2VIARY OF ROADWAY cONDITIONS LOS Total gDT With Road~a~y Ex..&DT Ex. LOS With Detour Detour Olympic Parkway - Hunte parkway to 401 A -~ N/A ARCO Training Center Hunte Parkway - South of Otay Lakes Road 3590 A 3189 A Wuesle Road - Otay Lakes Road re 485 A 886 A Olympic P ark~'ay I Review of Table 1 shows that each roadway is presently operating at LOS A and with the proposed Olympic Parkway closure will continue to operate ar LOS A. If you have any questions, please feel free to contact this office. Sincerely, DAi~NLELL a ASSOCIATES, INC~"~ ~ Bill E Damell, P.E. ' ~ ~.~ RCE:22338 []~l~'t~ffi BED/dw RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TEMPORARY CLOSURE OF OLYMPIC PARKWAY BETWEEN HUNTE PARKWAY AND THE ARCO TRAINING CENTER FOR MASS GRADING WORK WITHIN THE EASTLAKE VISTAS PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE AN ENCROACHMENT PERMIT TO EASTLAKE DEVELOPMENT COMPANY FOR SAID CLOSURE WHEREAS, on behalf of the Eastlake Development Company, Darnell & Associates, Inc. (D&A), Eastlake's traffic engineering consultant, has prepared a proposal for the temporary closure of Olympic Parkway between Proctor Valley Road and The ARCO Training Center; and WHEREAS, the temporary road closure is needed in order for earth-moving vehicles to safely haul dirt and rock from the north side to the south side of Olympic Parkway for the development of The Vistas Project; and WHEREAS, one earthen crossing of approximately 80 feet wide is proposed to be created across that segment of Olympic Parkway so that the haul trucks can safely transverse the roadway without any conflicts with cross traffic or the possibility of deteriorating the existing roadway; and WHEREAS, the crossing is approximately 1000' east of the intersection of Hunte Parkway and Olympic Parkway. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approve the temporary closure of Olympic Parkway between Hunte Parkway and the ARCO Training Center for mass grading work within the Eastlake Vistas Project. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to issue an encroachment permit to Eastlake Development Company for said closure as described by Alternate 1, to include but not be limited to the following conditions: 1. The closure of Olympic Parkway shall be limited to a maximum of thirty (30) calendar days, but in no event shall exceed January 12, 2002. If the closure is not removed and the right-of-way is not restored within 30 calendar days from the 1 start of the closure work, Permittee shall be subject to the imposition of a $5,000 per day penalty at the City's sole discretion. Notwithstanding the foregoing, closure shall be completed by January 12, 2002, in order to avoid any conflicts with the scheduled January 14, 2002, OTC's ~passing the torch" event. 2 Maintenance, removal or relocation of the roadway crossing of the private facilities shall be the sole responsibility of Permittee, at no expense to the City. 3 All street surface improvements shall be restored to their original condition, or better, upon removal of the temporary crossing. 4 A detour plan shall be submitted to the Traffic Engineering Section for review and subsequent approval prior to issuance of this permit. 5 The permittee agrees to maintain the existing public improvement bond for Olympic Parkway in full force and effect. If said bond in not adequate for the roadway closure and restoration of existing improvements, as determined by the City Engineer, Eastlake shall provide additional bonds as necessary in accordance with City requirements. 6 The permittee agrees to provide for an emergency fire access through the closure area to the satisfaction of the City's Fire Department. 7 Other conditions reasonably required by the City Engineer. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney J:[Attorney~RESO\Oly Parkway temp closure COUNCIL AGENDA STATEMENT Item: Meeting Date: 11/20/01 ITEM TITLE: RESOLUTION ACCEPTING $292.80 FROM COUNClLMEMBER MARY SALAS, AMENDING THE FY 01 - 02 POLICE BUDGET AND APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $292.80 FOR SUPPORT OF THE SENIOR VOLUNTEER PATROL PROGRAM. SUBMITTED BY: Chief of Police~ REVIEWED BY: City Manager~-/ (4/5ths Vote: Yes X No .) In early October Councilmember Mary Salas made a personal donation of $292.80 to support the Senior Volunteer Patrol Program. RECOMMENDATION: That Council accept $292.80 from Councilmember Mary Salas, amending the FY 01 - 02 Police budget and appropriating unanticipated funds in the amount of $292.80 for support of the Senior Volunteer Patrol Program. BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: The Senior Volunteer Patrol Program (SVPP) is staffed by formally trained, uniformed volunteers 55 years of age and older. SVPP provide an invaluable service to the community including: commercial district foot patrols, vacation house checks, handicapped parking enforcement, bicycle licensing and "You Are Not Alone" (YANA) calls and visits to seniors. DISCUSSION: In addition to general fund support, SVPP relies on fundraising and donations to continue its important community work. This donation will assist the SVPP in its ongoing efforts on behalf of Chula Vista citizens. FISCAL IMPACT: There is no net impact to the General Fund. Approval of this item will authorize additional expenditures for the SVPP of $292.80. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $292.80 FROM COUNCILMEMBER MARY SALAS, AMENDING THE FY 01 - 02 POLICE BUDGET AND APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $292.80 FOR SUPPORT OF THE SENIOR VOLUNTEER PATROL PROGRAM. WHEREAS, the Senior Volunteer Patrol Program (SVPP) is staffed by formally trained, uniformed volunteers 55 years of age and older; and,. WHEREAS, Councilmember Mary Salas made a personal donation of $292.80 to support the Senior Volunteer Patrol Program; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept $292.80 from Councilmember Mary Salas, amending the FY 01 - 02 Police budget and apprbpriating unanticipated funds in the amount of $292.80 for support of the Senior Volunteer Patrol Program. Presented by: Approved as to form by: ~ '~: .~,I>. /') i ~'V'~ /- ..... Richard P. Emerson John M. Kaheny ' ~ Police Chief City Attorney COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 11/20/01 ITEM TITLE: RESOLUTION ENDORSING THE EXTENSION OF REGISTRATION FEES IMPOSED ON VEHICLES REGISTERED IN THE COUNTY OF SAN DIEGO FOR TEN YEARS IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTIONS 9250.7 AND 22710 SUBMITTED BY: Chief of Police~'D Director of Planning and Building ~/,'~ REVIEWED BY: City Managed'~'~ (4/5ths Vote: Yes__ No X .) Sections 9250.7 and 22710 of the California Vehicle Code authorized the establishment of the San Diego County Abandoned Vehicles Abatement Service Authority (AVASA) in 1991 and the imposition of a $1 fee on vehicles registered in the County of San Diego. Senate Bill 106, chaptered on August 13, 2001, amended California Vehicle Code sections 9250.7 and 22710 to allow for the extension of the registration fees in increments of up to ten years. This resolution provides for Chula Vista's conditional endorsement of the extension of a San Diego County Abandoned Vehicle Abatement Service Authority. RECOMMENDATION: That Council endorse the extension of registration fees imposed on vehicles registered in the County of San Diego for ten years in accordance with California Vehicle Code Sections 9250.7 and 22710. BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: In October of 1991, Resolution 16374 originally endorsed the establishment of the San Diego County Abandoned Vehicle Abatement Service Authority (AVASA) (see attachment A). Since its inception, AVASA funds have been used exclusively for the abatement, removal, and disposal of any abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts as public nuisances, on private or public property, to combat neighborhood blight and decay. Member agencies include the County of San Diego and the cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach and Vista. Page 2,1tern: Meeting Date: 11/20/01 DISCUSSION Sections 9250.7 and 22710 of the California Vehicle Code authorized the establishment of the San Diego County Abandoned Vehicles Abatement Service Authority (AVASA) in 1991 and the imposition of a $1 fee on vehicles registered in the County of San Diego. These sections also impose an additional $2 fee on commercial vehicles registered in the County of San Diego, effective December $1, 2001. These registration fees are used exclusively for the abatement, removal, and disposal of any abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts as public nuisances, on private or public property, to combat neighborhood blight and decay. Senate Bill 106, chaptered on August 13, 2001, amended California Vehicle Code sections 9250.7 and 22710 to allow for the extension of the registration fees in increments of up to ten years. In order for the registration fees to be extended, Senate Bill 106 requires a county's board of supervisors, by a two- thirds vote, and the cities with the majority of the incorporated population within the county to adopt resolutions approving an extension of the registration fees. Without an extension of the registration fees, authority for the registration fees will expire in April 2002 and the City will be unable to recover the costs of abating nuisance vehicles. AVASA provides for an organized program for the abatement of abandoned vehicles. AVASA bases the distribution of funds on a formula of 50% on city population and 50% on the number of vehicles abated. The AVASA reimburses cities only for direct costs associated with the AVA program. Currently, the Police Department has two Community Service Officers (CSO's) and a Police Records Specialist responsible for vehicle abatement. The CSO's respond to the referral hotline and process abatements for Building and Housing and Police. A Code Enforcement Officer in Building and Housing is responsible for private abatements. The Police Department works with Building and Housing to reduce the number of abandoned vehicles in the City. Staff is developing an educational and public awareness campaign to reduce the number of abandoned vehicles in the City. Last year the program was responsible for 4,338 parts or vehicles abated. Page 2,Item: Meeting Date: 11/20/01 Vehicle/Parts Abated FY 00 - 01 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr E] Streets Right of Way [] Private/Public Property FISCAL IMPACT In FY 99 - 00 the City received $114,099 from AVASA and $187,733 in FY 00 - 01. The extension of the registration fees will allow the City to continue to recover the costs of staff dedicated to the AVA program in the Police Department and Planning and Building. Attachment: Resolution 16374 ATTACHMENT RESOLUTION NO. 16374 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ESTABLISHMEI(T OF THE SAN DIEGO ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Section 22710 of the California Vehicle Code provides for the establishment of a Service Authority for abandoned Vehicle Abatement and imposition of a $1.00 vehicle registration fee if the Board of Supervisors of the County, by a two-thirds vote, and a majority of cities within the County having a majority of the incorporated population, adopt resolutions providing for the establishment of the authority and the imposition of the fee; and, WHEREAS, the City Council finds that an organized program for the abatement, removal and disposal of abandoned, wrecked, dismantled and otherwise inoperative vehicles is needed to protect the health and safety of citizens; and, WHEREAS, Section 22710 of the California Vehicle Code provides for membership of the Service Authority to be determined by a concurrence of the Board of Supervisors and a majority vote of the majority of cities within the County having a majority of the incorporated population~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that: A. Pursuant to Section 22710 of the California Vehicle Code requiring a majority of cities within the County having a majority of the incorporated population to announce their support as a condition precedent to the formation of an Abandoned Vehicle Abatement Service Authority {AVASA}, the City Council of the City of Chula Vista does hereby announce their support for the formation of the San Diego Abandoned Vehicle Abatement Service Authority pursuant to the proposed Abandoned Vehicle Abatement Program and Plan as prepared by TECHPLAN Corporation, dated September g, lg91, as modified by the below conditions, and the $1.00 vehicle registration fee to be imposed in San Diego County pursuant to California Vehicle Code Section 22710, on the following conditions: The AVASA shall not mandate a level of abatement services that is beyond the level currently being provided by the Building and Housing and Police Departments. 2~ Any excess reimbursement funds accrued by Chula Vista shall remain in the City's account and roll over year-to-year, not returned to a countywide pool. In the event that the proceeds are distributed, in whole or in part on the basis of impound activity within a given political/geographic ATTACHMENT ~A Resolution No. 16374 Page 2 -- boundary, that reimbursement to Chula Vista shall be allowed for (a) vehicles impounded for violation of the City's 72 hour parking regulations, or any other type of parking violations; {b) for costs related to any vehicles abated from private property. 4. In the event that reimbursement is conditioned on impound activity verification, the City of Chula Vista shall be entitled to reimbursement for staffing or equipment expenditures. Failing said conditions, the City of Chula Vista does not support the formation of the San Diego Abandoned Vehicle Abatement Service Authority or the $1.00 vehicle registration fee. 5. Notwithstanding the failure of the City of Chula Vista's support and consent according to the terms herein provided, in the event that a Abandoned Vehicle Abatement Service Authority is formed, the City of Chula Vista shall be a member and participant thereof. Presented by Approved as to form by') William/J. W~hters Bruce M. Boogaard Chief o;~ Police City Attorney ATTACHMENT Resolution No. 16374 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of October, 1991, by the following vote: YES: Councilmembers: Grasser Horton, Moore, Nader NOES: Councilmember: Malcolm, Rindone ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: ~. ,'~ /~/, ~Everly/A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16374 was duly passed, approved, and adopted by the City Council held on the 22nd day of October, 1991. Executed this 22nd day of October, 1991. Beverly ~. Authelet, City Clerk ATTACHMENT A COUNCIL AGENDA STATEMENT Item Meeting Date 10/22/91 Resolution 16374 endorsing the establishment, under AB 4114, ora ITEM TITLE San Diego County Abandoned Vehicle Abatement Service Authority. Chief of POLICE SUBMITTED BY : REVIEWED BY : City Manager (4/5ths Vote: Yes No X ) AB 4114 authorizes counties, with the concurrence of a majority of the cities with a majority of the incorporated population, to create countywide Abandoned Vehicle Abatement Service Authorities for abandoned vehicle abatement. Under AB 4114, such Authority's would be funded via the imposition of a $1.00 per vehicle registration fee increase for all registered vehicle in the county. The County of San Diego has been pursuing the creation of such a Service Authority since mid-July. Staff has worked cooperatively with consultants retained by the county TECHNICAL and with other cities in throughout the county. This resolution provides for Chula Vista's conditional endorsement of the creation of a San Diego County Abandoned Vehicle Abatement Service Authority AVASA RECOMMENDATION: Approve the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: The County of San Diego has proposed that the City of Chula Vista adopt - a resolution to endorse the establishment of a San Diego County AVASA and impose a one dollar vehicle registration fee increase to fund the AVASA The proposed AVASA and one dollar fee would commence on January 1, 1992. The legislation contains a five year sunset provision. This proposal is pursuant to Assembly Bill 4114 which, effective January 1, 1991, added Section 22710 to the California Vehicle Code. C.V.C. Section 22710 provides the authority for a county to create, with the concurrence of a majority of the cities with a majority of the incorporated population, a countywide AVASA (this requirement has the effect, in San Diego County, of requiring participation by the City of San Diego). Section 22710.c.2 of the Vehicle Code states that revenue received by an AVASA must be allocated to abandoned vehicle abatement programs. Therefore, the funds can only be used for removing abandoned, wrecked, dismantled or otherwise inoperable vehicles from private or public property. The formation of a San Diego County AVASA would provide reimbursement for Chula Vista's existing abandoned vehicle abatement programs. If a San Diego County AVASA is formed, it will be governed ATTACHMENT A Page 2, Item Meeting Date 10/22/91 by an Abandoned Vehicle Abatement Program and Plan. A majority of cities including a majority of the incorporated population have passed a resolution endorsing the formation of a San Diego AVASA under the Program and Plan developed by TECHPLAN. In other words, the statute's concurrence thresholds have been met. However, according to the 1990 Census data used by TECHPLAN, the City of San Diego, has 52.9 % of the incorporated population oftbe county. Therefore, the effect ofC. V. C. 22710% concurrence thresholds is that the City of San Diego will, by virtue of its population, determine whether or not the proposed AVASA will be formed. The City of San Diego has approved a resolution conditionally approving the formation of the proposed AVASA. Please note that should the City of San Diego rescind its support, the proposed AVASA will not meet statutory concurrence thresholds and, therefore, will not be formed. The proposed AVASA Program and Plan provides for reimbursement to cities on a population pro rata share methodology. Based upon this method, the City of Chula Vista would receive approximately $102,000 in abatement reimbursement revenue after deducting fees paid to state agencies and the AVASA for various administrative, collection and handling fees. This AVASA reimbursement revenue would offset approximately $149,000 in General Fund costs currently incurred by the Building and Housing and Police departments in their abandoned vehicle abatement efforts. Staffs recommendation to endorse the formation of, and thereby participate in, a San Diego County AVASA is contingent upon acceptance of the proposed Abandoned Vehicle Abatement Program and Plan. Included in the proposed Program and Plan is a condition that any excess reimbursement funds accrued by Chula Vista shall remain in the City's account and roll over year-to-year, not returned to a countywide pool. Additional conditions Staff is endorsing include: 1. The AVASA shall not mandate a level of abatement services that is beyond the level currently being provided by the Building and Housing and Police departments. 2. In the event that the proceeds are distributed, in whole or in part, on the basis of impound activity within a given political or geographic boundary, that reimbursement to Chula Vista shall be allowed for: a) vehicles impounded for violation of the City's 72 hour parking regulations or any other type of parking violations; or, b) for costs related to any vehicles abated from private property. 3. In the event that reimbursement is conditioned on impound activity verification, the City of Chula Vista shall be entitled to reimbursement for staffing and equipment expenditures related thereto. FISCAL IMPACT Approximately $102,000 in reimbursement revenue annually, to be paid quarterly, upon Program implementation. Program implementation target date: January 1, 1992. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENDORSING THE EXTENSION OF REGISTRATION FEES IMPOSED ON VEHICLES REGISTERED IN THE COUNTY OF SAN DIEGO FOR TEN YEARS IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTIONS 9250.7 AND 22710 WHEREAS, Sections 9250.7 and 22710 of the California Vehicle Code authorized the establishment of the San Diego County Abandoned Vehicle Service Authority and the imposition of a $1 fee on vehicles registered in San Diego County; and WHEREAS, in October 1991 Council endorsed the establishment of the San Diego County Abandoned Vehicle Service Authority; and WHEREAS, Senate Bill 106, chaptered on August 13, 2001 amended California Vehicle Code sections 9250.7 and 22710 to allow for the extension of the registration fees in increments of up to ten years; and WHEREAS, these sections impose an additional $2 fee on commercial vehicles registered in the County of San Diego, effective December 31, 2001; and WHEREAS, in order for the registration fees to be extended, Senate Bill 106 requires a county's board of supervisors, by a two thirds vote, and the cities with the majority of the incorporated population within the county to adopt resolutions approving extension of the registration fees; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby endorse the extension of registration fees imposed on vehicles registered in the County of San Diego for ten years in accordance with California Vehicle Code Sections 9250.7 and 22710. Pr~ Approved as to form by: erson John M. Kaher~¥ ' ~¢d~)~ Police Chief City Attorney COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 11/20/2001 ITEM TITLE: Resolution of the City Council of the City of Chula Vista waiving the formal bidding process as impractical, approving the first amendment to an agreement between the City of Chula Vista and Helix Environmental Planning, Inc. for professional services related to the proposed City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan, increasing the amount of the agreement to $63,000, and authorizing the Mayor to execute said contract amendment. SUBMITTED BY: Director of Planning and Building//~/ REVIEWED BY: City Manager,~~ (4/5ths Vote: Yes No X ) In March 2001, Helix Environmental Planning, Inc. ("Consultant") was retained by the City of Chula Vista to draft a Quino Checkerspot Butterfly Habitat Conservation Plan ("QCBHCP") for inclusion in the City's draft MSCP Subarea Plan. City staff has determined that the scope of work for completion of the QCBHCP has expanded and additional tasks have been identified related to completion of the QCBHCP. Staff recommends that the existing agreement with the Consultant be amended to include the expanded scope of work. This amendment increases the contract to $63,000 thereby requiring City Council approval. RECOMMENDATION: That City Council adopt the resolution waiving the formal bidding process as impractical, approving the first amendment to an agreement between the City of Chula Vista and Helix Environmental Planning, Inc. for professional services related to the proposed City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan, increasing the amount of the agreement to $63,000, and authorizing the Mayor to execute said contract amendment. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: City Council adopted the September 11, 2000 Draft Chula Vista MSCP Subarea Plan on October 17, 2000. On March 13, 2001 City and Consultant entered into an agreement whereby Consultant was to prepare a draft QCB Habitat Conservation Plan for inclusion in the City's MSCP Subarea Plan. Consultant has completed their contract requirements, and staff requests approval for a contract amendment to broaden the scope of work for further assistance in seeking take authorization for the QCB. Consultant will attend and participate in a two-day MSCP Summit with Wildlife Agencies, and incorporate additional revisions to the QCB Habitat Conservation Plan resulting from Wildlife Agency comments. Consultant will also provide technical editing of the City's draft MSCP Subarea Plan. Page 2, Item Meeting Date 11/20/2001 Consultant has demonstrated competence and qualifications for the services required, including but not limited to, a unique understanding and expertise due to Consultant's prior consulting work on issues related to habitat conservation planning for the QCB in other jurisdictions. Consultant's work for the City on the QCB Habitat Conservation Plan since March 2001 has been deemed to be satisfactory by City staff and additional work by the Consultant would provide continuity in the project's progression, and it is in the City's best interest to retain this consultant. At this point, it would be impractical to initiate a formal bid process for the additional assistance the City requires on the QCB Habitat Conservation Plan. FISCAL IMPACT: The initial contract with Consultant was for $36,000, of which $32,550 was expended during FY 2000-01. The contract amendment for $27,000 plus the remaining unpaid balance of the initial contract of $3,450 means $30,450 will be expended during FY 2001-02 on the QCB Habitat Conservation Plan. This amount is included in the existing budget in the Planning & Building Department. In total, $63,000 will have been spent on this portion of the MSCP. Although City is contributing staff time to the preparation of the MSCP, staff anticipates developer reimbursements will fund the consultant portions of the plan preparation. Attachments 1. First Amendment to the Agreement between the City and Helix Environmental Planning, Inc. 2. Agreement between City and Helix Environmental Planning, Inc (original contract) H :\Shared~Planning\Christina\Helix Al 13.doc FIRST AMENDMENT to the Agreement between the City of Chula Vista and Helix Environmental Planning, Inc., a California Corporation Recitals This First Amendment is entered into effective as of November 20, 2001 by and between the City of Chula Vista ("City") and Helix Environmental Planning, Inc., a California Corporation ("Consultant"), with reference to thc following facts: WHEP~AS, City and Consultant previously entered into an agreement on March 13, 2001 whereby Consultant was to prepare a draft Quino Checkerspot Butterfly Habitat Conservation Plan for inclusion in the City's MSCP Subarea Plan and Consultant was to participate in negotiation with thc Wildlife Agencies and stakeholders to finalize the Quino Checkerspot Butterfly Habitat Conservation Plan; and WHEREAS, the City Council adopted the September 11, 2000 Draft Chula Vista MSCP Subarea Plan on October 17, 2000; and WHEREAS, the City needs further assistance from the Consultant in seeking take authorization for the Quino checkerspot butterfly (QCB), including but not limited to, attendance and participation in the two-day MSCP Summit, additional revisions to the QCB Habitat Conservation Plan resulting fi.om public comments, additional meeting and coordination time, and advising the City in the preparation of environmental review related to adding coverage for the QCB; and WHEREAS, the City needs editing assistance from the Consultant's Technical Editor for the City's draft MSCP Subarea Plan; and WHEREAS, the Consultant has demonstrated competence and qualifications for the services required, including but not limited to, a unique understanding and expertise due to Consultant's prior consulting work on issues related to habitat conservation planning for the QCB in other jurisdictions, Consultant's work for the City on the QCB Habitat Conservation Plan since March 2001 has been deemed to be satisfactory by City staff, additional work by the Consultant would provide continuity in the project's progression, and it is in the City's best interest to retain this consultant; and WHEREAS, consistent with Section 2.56.110 of the Chula Vista Municipal Code (CVMC), the City Council of the City of Chula Vista has determined the consultant selection process shall not be governed by the bidding requirements set forth in Section 2.56.080 or 2.56.090 of the CVMC, because said consultant will be providing "Professional services" as defined in Section 2.56.110.B.5 of the CVMC; and WHEREAS, Consultant shall provide further services in the revision of the draft Quino Chcckerspot Butterfly Habitat Conservation Plan, shall participate in negotiations with the 1 of 4 Wildlife Agencies to finalize the Quino Checkerspot Butterfly Habitat Conservation Plan, and shall provide technical editing services for the City's draft MSCP Subarea Plan; 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; WHEREAS, the parties negotiated a new Scope of Work; and WHEREAS, the parties now desire to amend the Agreement to expand the Scope of Work required of Consultant to provide further services in the revision of the draft Quino Checkerspot Butterfly Habitat Conservation Plan, participate in negotiations with the Wildlife Agencies to finalize the Quino Checkerspot Butterfly Habitat Conservation Plan, and provide technical editing services for the City's draft MSCP Subarea Plan; NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and Schedule, Detailed Scope of Work, is hereby amended to add the following paragraphs: (11) Consultm~t's Senior Consulting Biologist, upon request of the City, shall participate in meetings with the City, Wildlife Agencies and stakeholders up to 100 hours total. (12) Consultant's Senior Environmental Planner, upon request of the City, shall participate in meetings with the City, Wildlife Agencies and stakeholders up to 100 hours total. (13) Based on comments from the Wildlife Agencies on the Draft QCBHCP and direction from the City, the Consultant shall revise and resubmit said plan to the City a total of one time. (14) Consultant's Technical Editor, upon request of the City, shall provide up to 40 hours of editing to the City's MSCP Subarea Plan. 2. Exhibit A, Section 8C of the original Agreement, entitled Dates or Time Limits for Delivery of Deliverables, is hereby amended to add the following table: Number Deliverable Due Date to City No. 4 Revisions to Quino Checkerspot Upon request of the City, but no later Butterfly Habitat Conservation Plan than December 31, 2001 in electronic format No. 5 Edits to draft MSCP Subarea Plan in Upon request of the City, but no later the fom~ of margin notes than December 31, 2001 H:~Planning\Christina\Helix Amendment I .doc 2 of 4 3. 'Exhibit A, Section 8D of the original Agreement, entitled Date for Completion of all Consultant Services, is hereby amended to read as follows: February 28, 2002 4. Exhibit A, Section llC(1) of the original Agreement, entitled Compensation, Hourly Rate Arrangement, Not-to-Exceed Limitation on Time and Materials Arrangement. (X) Not-to-Exceed Limitation on Time and Materials Arrangement Not withstanding the expenditure by Helix Environmental Planning, Inc. of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services contained within this First Amendment required of Consultant for no more than $27,000 including all Materials, and other "reimburseables" ("Maximum Compensation"), as follows: RATE SCHEDULE Category of Employee of Consultant Name Hourly Rate Senior Consulting Biologist Barry Jones $140.00 Senior Environmental Planner Andrea Bitterling $ 70.00 / GIS Analyst Jason Sokol $ 55.00 Technical Editor Pamela Hartsock $ 55.00 5. Except as herein provided, all provisions of the original agreement shall remain in full force and effect. q- ~' 3 of 4 SIGNATURE PAGE TO FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HELIX ENVIRONMENTAL PLANNING, INC., A CALIFORNIA CORPORATION. IN.WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: By: Shirley Horton, Mayor Dav~d"~V. Claycomb, ~sident Dated: Dated: ATTEST: Susan Bigelow, City Clerk Approved as to form: J~ n~/M( Kaheny, City~ttomey 4 of 4 Attachment 2 Agreement between City of Chula Vista and Helix Environmental Planning, Inc. for Environmental Consulting Services Related to the Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan This agreement ("Agreement"), dated April 30, 2001 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Parag~raph 1 is bem'een 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. on October 17, 2000 the City Council of the City of Chula Vista adopted a Draft MSCP Subarea Plan. dated October 9, 2000; Whereas, City staffprepared draft MSCP implementing ordinances and negotiated with the U.S. Fish and Wildlife Service and California Department ofFish and Game ("Wildlife Agencies") to finalize the hnplementing Agreement from November 2000 to the present; and, Whereas, the U~S. Fish and Wildlife Service produced a Quino Checkerspot Butterfly Draft Recovery Plan in February 2001 and published notice in the FederaI Register of a Proposed Determination of Critical Habitat for the Quino Checkerspot Butterfly (66 FR 9476) on February 7, 2001; and, Whereas, based on the additionaI information about the Quino checkerspot butterfly, the City believed it was prudent to add coverage for the Quino checkerspot butterfly into the MSCP Subarea Plan pr/or to the Subarea Plan and corresponding documents being published in the Federal Register; and, Whereas, the Purchasing Agent a~ees to waive the informal bid process for the selection of consulting services, as defined in Section 2.56.170 of the Municipal Code, on the ground that it is impractical to conduct an informal bid process for the selection of consulting services ~vhere a unique understanding and expertise existed due to consultant's prior consulting work on issues related to habitat conservation planning for the Quino checkerspot butterfly in other jurisdictions, based on this experience, it is in the City's best interest to retain this consultant; and, Whereas, Consultant shall prepare a draft Quino Checkerspot Butterfly Habitat Conservation Plan for inclusion in the City's MSCP Subarea Plan and shall also participate in negotiations with the Wildlife Agencies to finalize the Quino Checkerspot Butterfly Habitat Conservation Plan; and, Standard Forrh Two Party Agreement (130' Revision) Helix Env. Planning~ Inc. Page 1 Whereas, Consultant warrants and represents that they are exper/enced 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 ail in accordance with the terms and conditions of this . Agreement; Standard Form Two Party Agreement (13th Revision) Helix Env. Planning, Inc~ Page 2 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, Para,apb 8, and delivcr 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. 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. Standard Form Two Party Agreement (13t~ Revision) Helix Env. Planning, Inc Page 3 ' F. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of"A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amonnt 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 CPrimary Coverage"), and which treats the employees of the City in the same maturer 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 thirls., (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 Standard Form Two Party A~eement (13t~ Revision) . Helix Env. Planning, Inc. Page 4 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 inm~ediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. DUTIES OF THE CITY A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives ofthJ, s 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 per/odically 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 Standard Form Two Party Agreement (13t~ Revision) Helix Env. PIa~ming, Inc. Page 5 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, Paragaph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. ADMINISTRATION OF CONTRACT Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. TERM This Agreement shall terminate when the Parties have complied with all executory provisions hereof· 5. LIQUIDATED DAMAGES The provisions of this section apply ifa Liquidated Damages Rate is provided in Exhibit A, Paragaph 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 assigrm]ent or Deliverable, the consultant shall pay to the CiDr, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Para~aph 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 designnee, 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 gTanted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. Standard Form Two Party Agreement (13t~ Revision) Helix Env. Planning, Inc. Page 6 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 goverrmlental 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 Conflictina Interests. Regardless of whether Consultm~t 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 properly within 2 radial miles from the exterior boundaries of any Standard Form Two Party Agreement (13tn Revision) . Helix Env. Plarming, Inc. Page 7 p~c;?; .,.'hich 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¢ 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 indenmification 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 Ci~, 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 term/nation 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. Standard Form Two Party A~eement (13th Revision) ;[telix Env. Planning, Inc. Page 8 9. ERRORS .AND OMMISSIONS ~,n t~e 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 A~eement 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 A~eement, 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, Para~aph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country, or submitted for awards or other recognition 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 A~eement. 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 Standard Form Two Party A~eement (13th Revision) Helix Env. Planning, h~c. Page 9 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 o£ them shag be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. ADMINISTRATIVE CLAIMS REQUIREMENTS AND PROCEDURES No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. ATTORNEY'S FEES Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 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. MISCELL.~NEOUS A. Consultant not Authorized to Represent Cit'/. 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, Para~aph 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 Standard Form Two Party A~eement (13t~ Revision) Helix Env. Planning, Inc. Page 10 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 Aereement. 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. Capaciw of Parties. Each signato~ 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. Govemin~ La,v/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 AgTeement, and performance hereunder, shall be the City of Chula Vista. Standard Form Two Party Agreement (13th Revision) Helix Env. Planning, Inc. Page 11 Signature Page to Agreement between City of Chula Vista and Helix Environmental Planning, Inc. for Environmental Consulting Services Related to the Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan 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:__ G {"~(0 ~ City of Chula Vista by: oo ~ John Co~i~,~k~u~chasing Agent Approved as to form: John~l~(~aheny, City Attorn~ Dated: j(-f ~'/ ~*TJ i Helix Eny4~,nmental Pgann'~. By: ~"~i ~/"(~ David ~V. Clayco~b~ Exhibit List to Agreement: (X) Exhibit A. Standard Form Two Party A~eement (13th Revision) Helix Env. Planning, Inc Page 12 Exhibit A to Agreement between City of Chula Vista and Helix Environmental Planning, Inc. 1. Effective Date of Agreement: March 13, 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: ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Helix Environmental Planning, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 8100 La Mesa Boulevard, Suite 150 La Mesa, CA 91941-6476 Voice Phone: (619) 462~1515 Fax Phone: (619) 462-0552 Standard Form Two Party A~eement (13c~ Revision) Helix Env. Planning, Inc. Page I3 7. General Duties: Consultant shall prepare a draft Quino Checkerspot Butterfly Habitat Conservation Plan for inclusion in the City's MSCP Subarea Plan. Consultant shall also participate in negotiations with the Wildlife Agencies and stakeholders to finalize the Quino Checkerspot Butterfly Habitat Conservation Plan. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The following detailed Scope of Work shall be performed by the Consultant to the satisfaction of the Director of Planning and Building: (1) Consultant shall, in conjunction with the City and other MSCP consultm~ts, including: MNA Consulting, Inc. and Recon, formulate the components ofa Quino Checkerspot Butterfly Habitat Conservation Plan (QCBHCP) that will be incorporated into the Chula Vista MSCP Subarea Plan and is acceptable to both the City and the Federal and State Wildlife Agencies. The QCBHCP will include the natural history of the species, proposed mitigation measures (hardline preserves areas, restoration/e~aancement, and management), findings of biological equivalency (justification of coverage), and related items as requested by City and Wildlife Agencies. (2) Consultant shall provide the City with a written outline of proposed revisions to the Chula Vista MSCP Subarea Plan to accommodate the inclusion of a QCBHCP. (3) Once the City has revie~ved, revised or cormmented upon, and approved the x'~%tten outline referenced in paragraph 8.A(2) in this Exhibit, the Consultant shall provide the City with a Draft QCBHCP appropriately incorporated directly within and throughout the Draft Chula Vista MSCP Subarea Plan. (4) Once the City, MNA Consulting, Inc. and Recon provide the Consultant verbal or written comments on the Draft QCBHCP, Consultant shall revise and resubmit said plan to the City for review. (5) Based on comments from the Wildlife Agencies on the Draft QCBHCP and direction from the City, the Consultant shall revise and resubmit said plan to the City a total oftxvo times unless, City in its discretion, determines that only one draft is required. (6) Consultant's Senior Consulting Biologist, upon request of the City, shall participate in meetings with the City and the Wildlife Agencies up to 50 hours total. Standard Form Two Party Agreement (13th Revision) Helix Env. Planning, Inc. Page 14 ('7) Consultant's Senior Envirmm~ental Planner, upon request of the City, shall participate in meetings with the City and the Wildlife Agencies up to 50 hours to~d. (8) Consultant shall provide the City with the QCBHCP in electronic format and shall not be responsible for any final document production. (9) Consultant shall provide the City with printed maps and an electronic file of digital ortho maps of the entire Quino checkerspot butterfly survey area, as delineated by the USFWS. Maps shall include parcel and Preserve boundaries and an acetate overlay of topography. (10) Consultant's Senior Consulting Biologist, upon request of the City, shall provide up to 20 hours of guidance, advice, input and consultation to the City on general MSCP biological issues. B. Date for Commencement of Consultant Services: ( X ) San~e as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable / Due Date No. 1 Outline of Quino Checkerspot March 20, 2001 Butterfly Habitat Conservation Plan No. 2 First Draft Quino Checkerspot March 26, 2001 Butterfly Habitat Conservation Plan No. 3 Final Quino Checkerspot July 1, 2001 Butterfly Habitat Conservation Plan D. Date for completion of all Consultant services: August 31, 2001 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. Standard Form Two Party Agreement (I 3t~ Revision) Helix Env. Plarming, Inc. Page 15 ( ) 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: A. Draft City of Chula Vista MSCP Subarea Plan in electronic format B. Electronic data of parcel boundaries, Preserve boundary, and topography at 10-foot inter,als for the entire Quino checkerspot butterfly survey area, as delineated by the USFWS. 1 I. 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 o£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 Para~aph 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. Standard Form Two Party A~eement (13th Revision) Helix Env. Planning, Inc Page 16 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 Paragaph 19 is to be applied to each interim payment such that, at the end of thc phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( X ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms a~d conditions: (1) ( X ) Not-to-Exceed Limitation on Time and Materials Arrangement Standard Form Two Party A~eement (13th Revision) Helix Env. Platming, Inc. Page 17 Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant a~ees that Consultant Mil perform all of the Defined Sen, ices herein required of Consultant for $36,000.00 including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing ai~d approved by the City. Nothing herein shall preclude Consultant from providing additional Sen, ices at Consultant's own cost and expense. RATE SCHEDULE Category of Employee of Consultant Name Hourly Rate Senior Consulting Biologist Barry Jones $140.00 Senior Enviromnental Planner Andrea Bitterling $ 70.00 GIS,analyst Jason Sokol $ 55.00 Technical Editor Pamela Hartsock $ 55.00 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, CiU' 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 $ Standard Form Two Party A~eement (13th Revision) Helix Env. Planning. Inc. ~ ~'2Z/ Page 18 13. Contract Administrators: Christina Clark Environmental Projects Manager 276 Fourth Avenue Chula Vista, CA 91910 Voice Phone: (619) 585-5680 Fax Phone: (619) 409-5859 Consultant: Barry Jones Senior Consulting Biologist Helix Environmental Plamfing, Inc. 8100 La Mesa Boulevard, Suite 150 La Mesa, CA 91941-6476 Voice Phone: (619) 462-1515 Fax Phone: (619) 462-0552 14. Liquidated Damages Rate: ( ) $ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( X ) Not Applicable. Not an FPPC Filer. ) FPPC Filer Category No. 1. Investments and sources of income. Category No. 2. Interests in real property. Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category No. 4. Investments in business entities and sources of income xvhich 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. Standard Form Two Party A~eement (13t~ Revision) Helix Env. Planning, Inc. Page 19 ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: N/A l 8. 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, $ ( ) LetterofCredit,$ ( ) Other Security: Type: Amount: $ Standard Form Two Party A~eement (I 3th Revision) Helix Env. Pla~ming, h~c. Page 20 ( 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 b4 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 Sen, ices to the satisfaction of the Director of Planning and Building ( ) Other: Standard Form Two Party. Agreement ( 13* Revision) Helix Env. Planning, Inc. Page 21 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS IMPRACTICAL, APPROVING THE FIRST AMENDMENT TO AN AGREEMENT WITH HELIX ENVIRONMENTAL PLANNING, INC. FOR PROFESSIONAL SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) SUBAREA PLAN, INCREASING THE AMOUNT OF THE AGREEMENT TO $63,000, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT AMENDMENT WHEREAS, on March 13, 2001 City contracted with Helix Environmental Planning, Inc. (Consultant) to prepare the final Quino Checkerspot Butterfly (QCB) Habitat Conservation Plan; and WHEREAS, the City needs 'further assistance from the Consultant in seeking take authorization for the QCB, including but not limited to, attendance and participation in the two- day MSCP Smmnit, additional revisions to the QCB Habitat Conservation Plan resulting from Wildlife Agency comments, additional meeting and coordination time, and editing assistance from the Consultant's Technical Editor for the City's draft MSCP Subarea Plan; and WHEREAS, the amendment increases the contract amount to $63,000 for the year, requiring Council approval; and WHEREAS, staff requests waiving the formal bidding process as impractical due to the Consultant's unique understanding and expertise based on Consultant's prior consulting work on issues related to habitat conservation planning for the QCB in other jurisdictions, due to Consultant's work for the City on the QCB Habitat Conservation Plan being deemed satisfactory by staff, and since Consultant cost estimates have been reviewed by staffand have been found to be reasonable. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista waives the formal bidding process as impractical. BE IT FURTHER RESOLVED that Council approves the resolution amending the contract with Consultant. BE 1T FURTHER RESOLVED that Council authorizes the Mayor to execute said contract amendment. Presented by: Approved as to form: Robert A. Leiter ~°'~AAt~ oKm~ nY U Planning & Building Director H:\Shared\Planning\Christina\HelixReso.doc COUNCIL AGENDA STATEMENT Item: Meeting Date: ri'EM TITLE: Resolution of the City Council of the City of Chula Vista amending the Master Fee Schedule to reduce the building permit fee for the installation of photovoltaic systems in residential occupancies to a flat fee of $45 as an incentive to promote the continued research and development of this new technology. SUBMITTED BY: Director of Planning and Building ~:~ff: REVIEWED BY: City Manage (4/Sths Vote: Yes~No.X_) For many years the City of Chula Vista has supported numerous energy conservation programs and has vigorously promoted the development and use of renewable energy sources. During the current year the City has expended $150,000 to promote and implement various energy conservation programs that benefit both residential and commercial properties. Council has expressed a desire to expand these types of programs to include providing a financial incentive to homeowners who install photovoltaic (PV) systems. While the actual number of installations of these systems is anticipated to be very low (7 permits in 2001), the reduction of fees to a level below the average permit fees collected by other surveyed jurisdictions in San Diego County can be considered an incentive to encourage their expanded use in Chula Vista. RECOMMENDATION: It is recommended that City Council adopt a resolution amending the Master Fee Schedule to reduce the existing plan review and building permit fees for residential occupancies to a flat fee of $45 as an incentive to promote the installation of photovoltaic systems in the residences of Chula Vista. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: With the recent energy crisis in California there has been an increased interest in the use of photovoltalc systems as an altemate source of electricity for residential applications. Staff and Council recognize the importance of encouraging photovoltaic systems that add local power generation and promote energy independence for consumers. While the overall expense of these systems (typically $20,000) makes their widespread use in Chula Vista unlikely, reducing the permit fee will reinforce Councilgs message of encouraging the pursuit of new technologies to enhance the regions energy conservation eflbrts. Page 2, Item: Meeting Date: ]Jd2,0J~ As with the introduction of any new technology, the design and installation requirements for photovoltaic systems is not well understood by both the public and many of the installers. These systems, if installed improperly, can pose a significant risk to the public and emergency response personnel. The Building Division will continue to perform the full scope of plan review and inspections to help ensure the systems are installed in accordance with the stmctural and electrical code requirements mandated by the State of California. The Building Division has developed a public handout to assist homeowners and contractors interested in purchasing and installing photovoltaic systems. As stated previously, the City of Chula Vista has a number of existing programs that financially support the regiongs energy conservation efforts. The Building Division is also investigating the possibility of expanding th(ir participation on the statewide Community Energy Efficiency Program. This is a proven program that results in significant energy savings and immediate cost benefits to the owners of these new homes. Currently the Division expedites plan review and permit issuance for projects that substantially exceed the current State minimum energy conservation requirements for new homes. We will pursue the concept of also providing permit fee reductions as a further incentive to promote energy conservation in new residential construction. FISCAL IMPACT: Council approved a comprehensive building permit fee study in April 2001. The Study identified the cost associated with performing plan review and inspection services relating to specific permits. The Study concluded that the average cost for providing these types of services for a typical photovoltaic system valued at $20,000 was $600. Staff has confirmed the appropriateness of this fee based on the actual amount of staff time spent performing the services. Reducing the current average fee from $600 to $45 represents a 93% reduction. It is anticipated that approximately ten (10) photovoltaic permits will be issued annually. The impact on the General Fund would therefore be approximately $5,550 annually. Staff will continue its efforts to identify and secure energy grant to assist in offsetting this impact in the future. H :~BLD_HSG~BRADR\A 113 PHOTVOLTAICS4.doc RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY OF CHULA VISTA MASTER FEE SCHEDULE TO REDUCE THE BUILDING PERMIT FEE FOR THE INSTALLATION OF PHOTOVOLTAIC SYSTEMS IN RESIDENTIAL OCCUPANCIES TO A FLAT FEE OF $45 AS AN INCENTIVE TO PROMOTE THE CONTINUED RESEARCH AND DEVELOPMENT OF THIS NEW TECHNOLOGY WHEREAS, the City of Chula Vista has supported energy conservation programs and has promoted the develop~nent and use of renewable energy sources; and, WHEREAS, photovoltaic systems represent a renewable energy source for which Council wishes to provide incentive for expanded use in the City; and WHEREAS, City charges a building permit fee for the installation of photovoltaic systems within the City to cover plan review and inspection services. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the City of Chula Vista Master Fee Schedule to reduce the building permit fee for the installation of photovoltaic systems in residential occupancies to a fiat fee of $45 as an incentive to promote the continued research and development of this new technology. Prcsented by Approved as to form Robert A. Leiter John M. Kaheny Director of Planning & Building City Attorney H:\Attomey\ Photovoltaic Reso.doc CITY COUNCEL AGENDA STATEMENT Meeting Date: 11/13/01 ITEM TITLE: Public Hearing: PCM-01-14, PCM-00-17, PCC-01-86; Request to adopt an Addendum to FEIR 95-01, amend the Otay Ranch Sectional Planning Area (SPA) One Plan, modify the Otay Ranch SPA One Planned Community District Regulations, consider a Conditional Use Permit (CUP) for a reduction of Parking Standards for Affordable and Senior Housing in Village One, and rename a portion of Paseo Ranchero to Heritage Road through Otay Ranch. Applicant - The Otay Ranch Company Resolution of the City Council of the City of Chula Vista approving an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan, and rename a portion ofPaseo Ranchero to Heritage Road. 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 allowing "for-profit" day care facilities in Community Purpose Facility Zoning Districts as authorized in the Planned Community Zone. Resolution of the City Council of the City of Chula Vista granting a Conditional Use Permit for reduced parking standards for affordable and senior housing in Neighborhoods R-47 and C- 1 in the Village One core and adopt the Addendum to FE1R 95-01. SUBMITTED BY: Director ofPi~)and Buildin~ REVIEWED BY: City Manager ~ 4/5tbs Vote: Yes No X} The Otay Ranch Company has applied to amend the Otay Ranch Sectional Planning Area (SPA) One Plan to reallocate 97 unused dwelling units authorized by the Otay Ranch General Development Plan (GDP) for the Village One Core Mixed-Use Project and modify the SPA One Planned Community (PC) District Regulations to allow "for-profit" day care centers. The applicant also requests consideration of a Conditional Use Permit to allow a reduction in parking standards for senior and affordable housing in the mixed-use project, as well as a request to rename Paseo Ranchero to Heritage Road south of Telegraph Canyon Road. The City's Environmental Review Coordinator has reviewed the Project and has made the following determination regarding the environmental status of each of the following components of the Project: ~ Reallocation of 97 unused dwelling units was addressed in FEIR's 95-0I and 97-03; and, ,,~ Page 2, Item 7 Meeting Date .11/13/01 * Renaming ofPaseo Ranchero to Heritage Road and the amendment to the Otay Ranch SPA One to permit "for-profit" day care centers do not result in a physical change to the environmental and are therefore covered by "the general role that CEQA applies only to projects, which have the potential for causing a significant effect on the environment." (CEQA Guidelines Section 15061 (b)(3)), and are therefore exempt from CEQA; and, The Conditional Use Permit for a reduction in parking standards for affordable and senior housing units would result in only minor technical changes or additions to the adopted SPA One project; therefore, an addendum to SPA One Plan FEIR 95-01 has been prepared in accordance with State CEQ a. Guidelines Section 15164. RECOMMENDATION: That the City Council adopt: A Resolution amending the Otay Ranch SPA One Plan, allocating 97 unused dwelling units to Neighborhood R-47 and C-1 in the Village One core and renaming a portion of Paseo Ranchero to Heritage Road south of Telegraph Canyon Road through Otay Ranch to the City's southern municipal boundary; and, o An Ordinance to modify the SPA One Planned Community (PC) District Regulations, to permit "for-profit" day care facilities as a permitted use in Connnunity Purpose Facilities Zoning Districts in the SPA One Planned Community District Regulations; and, A Resolution granting a Conditional Use Permit allowing a reduced parking standard for senior and affordable housing in Neighborhoods R-47 and C-1 in the Village One Core Mixed-Use development and adopting the Addendum to FEIR 95-01. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission met on October 30, 2001 to consider the Project (after the preparation of the Ci~ry Council Agenda Statement). Staff will therefore report verbally on the Planning Commissions discussions and recommendations at the City Council public hearing. Page 3, Item ,/ Meeting Date 11/13/01 DISCUSSION: When the City Council and Board of Supervisors jointly approved the Otay Ranch General Development Plan/Subregional Plan for the 23,000-acre Otay Ranch in October of 1993, the GDP authorized 1,757 single-family units and 1,566 multi-family units for a total of 3,323 dwelling units inVillage One. The SPAOnePlan(originallyapprovedinJuneof1996)utilized2,880ofthe authorized 3,323 Village One units, including allocating all of the 1,566 multi-family units to the Village One core allowed by the GDP. This number of multi*family units was based on the Medium High designation in the GDP designation of 18 dwelling units per acre. The original SPA One Plan, however, utilized only 1,314 of the approved 1,757 single-family GDP units for Village One. Following the original approval of the SPA One Plan, the Otay Ranch Company processed the first tentative map for their ownership in Villages One and Five in 1997. The first tentative map fbr their ownership in Village One utilized only 2,583 of the 2,880 units adopted by the SPA One Plan. The GDP and SPA One Plan were amended again in 1998 and 1999, respectively, to add Village One West to the SPA One area and redesign the Phase Seven (Project) area of Village One involving the core area south of East Palomar Street. The GDP amendment allowed flexibility in the number of multi-family units in the Village One core, provided that sufficient multi-family densities were approved to support the light rail transit line on East Palomar Street. The 1999 SPA One Plan amendment, which reduced the total unit count in Village One fi:om 3,323 to 3,066, reflects the Otay Ranch GDP amendments adopted by the City Council in 1998 The Otay Ranch Company also processed a revised tentative map for Phase Seven in Village One in 1999 to redesign the Village One core and implement a "Main Street" theme with mixed-use development. At the time, the developer had not utilized all of the units authorized by the SPA One Plan or the Otay Ranch GDP The SPA One Plan currently allocates 2,968 units, leaving 98 units available for use in Village One. A mixed-use project was approved by the Design Reviexv Committee (DRC) on January 22, 2001 for the Village One core. The Project implements the original "Main Street" concept and utilizes commercial, office and residential uses along East Palomar Street frontage in the core. In May of 2001, the City Council approved an affordable housing plan consisting of 271 units on this site consistent with the Applicant's obligation to provide affordable housing in their SPA One ownership. The plan calls for 91 seniors units on the second and third floors of the mixed-use development. The Project is proposed to be a tree mixed-use development with two to three stohes of residential units located above the ground floor commercial uses. The plan also includes a 180-unit family apartment development in Neighborhood R-47, just to the south of the mixed-use development. The purpose of this application is to amend the SPA One Plan to reflect the affordable/seniors housing plan and design approvals. Page 4, Item ~ Meeting Date 11/13/01 1. Site Characteristics The mixed-use project is located in the heart of the Village One Core bounded by Santa Rita on the west and the Sharp Rees Stealy Medical Clinic on the east. The proposed development makes up the balance of the "Main Street District" (mixed-use area) of the Village One Core on the south side of East Palomar Street adjacent to Heritage Park. The site is currently vacant and has been rough graded The Heritage Park site across East Palomar Street to the north is currently under construction. The balance of Village One to the south, west and north is currently under development with the construction of single-family residences, multi-family development and parkland, community purpose facilities, an elementary school and other mixed uses. Access to both Paseo Ranchero and La Media Road are provided from East Palomar Street. The proposed future extension of the light rail transit system will eventually travel through the Village One core in the center median of East Palomar Street. P aseo Ranchero is a 6-lane Prime Arterial south of Telegraph Canyon Road in the City's General Plan. This road serves as a major north-south corridor for the west portion of the Otay Valley Parcel of the Otay Ranch. A small portion of the road has been constructed from Telegraph Canyon Road sonthto Olympic Parkway, concurrent xviththe constructionofSPAOne. Future extensions ofth/s road will be constructed xvith the development of Villages Two and Three in Otay Ranch. 2. General Plan, Zoning and Land Use General Plan The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel for urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages are intended to contain higher residential densities and a variety of mixed-uses in the "Village Cores", surrounded by single-family homes in the secondary residential areas outside of the village cores. The General Plan designates residential land uses in Village One as Low-Medium Village (LMV) at 3-6 dwelling units per acre and Medium at 6- I 1 dwelling units per acre. In addition, there is a Village Core (VC) land use, as well as land uses for parks and recreation and an elementary school, all consistent with the land use designations for the Otay Ranch GDP. Zoning The Otay Ranch is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and EastLake. Land development regulations are contained in the PC District Regulations within each master planned community SPA Plan along with a zoning boundary map designating a zone for each neighborhood. Village One is designed as an "urban village" Page 5, Item ¢ Meeting Date 11/13/01 (containing mixed-use multi-family housing in a village core). The SPA One Plan Zoning Districts Map for Village One are: * Single-Family Three (SF3) o Single-Family Four (SF4) o Residential Multi-Family One (RMI) . Residential Multi-Family Two (RM2) o Commercial (C- 1) ~ Community Purpose Facility (CPF) , Open Space/Parks (OS/P-l) Neighborhood R-47 is zoned KM2, and Neighborhood C-1 ts zoned Commercial. Land Use Most of Village One is built-out (under the current SPA Plan), except for the mixed-use project and some portions of Phase Seven south of the Project. Most of the multi-family developments surrounding the mixed-use site are under construction. Heritage Park (P-l) to the north of the site is also under construction. The balance of the mixed-use "Main Street District" is approved for a variety of first-floor commercial and office uses, second- and third-story multi-family, a community purpose facility and a multi-family neighborhood on the south side of the site. The land uses envisioned for the Village One Core, including the commercial/retail component, the day care facility and the multi-family/senior residential neighborhood developments. The Project will be based on the design goals of the SPA One Village Design Plan and Village One Master Precise Plan. The adopted Otay Ranch SPA One Plan and Planned Community District Regulations specify uses permitted in the various zoning districts of SPA One. The subject development affects three zoning districts in the Village One Core. Although these districts are separated for purposes of the land uses, the precise plan design contemplated the "mixed-use" design, which allows for flexibility of location of land uses. The three land use districts are as follo~vs: C-I - Commercial (Commercial, Office, Retail, Mixed-Use Seniors Residential) CPF- 1 - Community Purpose Facility (Day Care Facility) RM2 - Residential Multi-Family Two (Affordable Housing Apartments) Each proposed use in the commercial office, and retail component are subject to the Permitted Use Matrix, described in the SPA One Planned Community District Regulations. Page 6, Item ~ Meeting Date 11/13/01 Proposed Plan proposed Ota¥ Ranch SPA One Amendment The proposed amendment to the Otay Ranch SPA One Plan includes the following: A re-allocation of 97 unused dwelling units authorized by the Otay Ranch General Development Plan (GDP) for the Village One Core Mixed-Use Project, * Modification of the SPA One PC District Regulations to allow "for-profit" day care centers as a permitted land use in the Community Purpose Facility Zone in SPA One, pursuant to the permitted uses authorized by the Planned Community Zone, Chapter 19.48 in the Chula Vista Municipal Code. A request to rename a portion of Paseo Ranchero (commencing south of Telegraph Canyon Road) to Heritage Road. The application also includes consideration ora Conditional Use Permit to allow a reduced off~street parking standard for affordable and senior housing, as authorized in the Otay Ranch SPA One Plan, Section II.3-J. The request to re-allocate 97 units in Village One implements the affordable/senior housing plan approved by Council earlier this year. In May of 2001, the City Council conditionally approved an affordable/senior housing plan as part of a mixed-use development consisting of 271 units on this site. This approval allowed the Applicant to apply for State financial assistance for the affordable/senior housing development. The approval of the affordable housing development was also consistent with the Applicant's obligation to deliver affordable housing units in their SPA One ownership in a timely manner. In order to apply for State funding and meet the State's deadline for an affordable housing project, the Applicant submitted and obtained conditional approval of a site development plan for this site in January of 2001 by the City's Design Review Committee (DRC). The Applicant is required to amend the SPA One Plan to allocate the available GDP units left in Village One to Neighborhood R- 47 and the C-1 Mixed Use site. The SPA One Plan amendment is required prior to the issuance of building permits (planned for this December) for this site. A total of 3,066 units are authorized for Village One in the amended GDP. The SPA One Plan allocates 2,968 units, leaving 98 units available in Village One. Consistent with the requirements of the GDP, the SPA One Plan may not exceed the maximum number of GDP units. In the SPA One Plan, Neighborhood R-47 currently allows 174 units on its site development. This proposal in the affordable housing multi-family development includes 180 units for that site. The amendment will allocate six unused units to that site. This proposal includes utilizing 91 of the unused units to the C- I Mixed Use Site. The total number of units proposed for both neighborhoods requires the allocation of 97 unused units A breakdown of the unused units, as well as the units already designated for the two subject neighborhoods is summarized as follows: Page 7, Item / Meeting Date 11/13/01 Existing SPA Unused SPA Units Proposed SPA Amendment Units Units Approved Neighborhood t74 6 Units Allocated 1~0 Multi-Family Units R-47 Multi-Family Units Neighborhood C-I N/A 91 Units Allocated 91 Multi--Family Units (Seniors) Total Units 174 Units 97 Units 271 Units The re-allocation of units to Neighborhood R-47 multi-family site and C-1 mixed-use site for senior housing will bring the total unit count in Village One to 3,065 still under the overall GDP multi-family allocation of 3,066 for Village One. 2 SPA One Planned Community District Regulations Pursuant to the SPA One Plan, Table III-6 - Permitted Use Matrix, Village Core District, the Community Purpose Facility (CPF) District permits day nurseries, daycare schools and nursery schools that are "non-£rofit" entities. The development application currently proposes a'y'or-profit" daycare facility for the 1.5-acre CPF-I site. In March of 2001, the Council approved an amendment to the CPF Ordinance in the PC Zone (Chapter 19.48.025 of the Chula Vista Municipal Code) to, among other things, permit "for-profit" day care facilities with specific findings. As a result, the SPA One Plan PC District Regulations require amendments to make them consistent with the CPF Ordinance and to reflect the use of for- profit day care facilities in the CPF Zone pursuant to the development application. 3. Conditional Use Permit Pursuant to Parking Standards for Affordable and Age Restricted Housing, SPA One Plan PC District Regulations, Part III, Section II.3(j), approval ora Conditional Use Permit is required by the City Council to allow for a reduction in parking standards for the affordable housing and senior residential units. It should be noted that in the future, Administrative Conditional Use Permits will also be required for the development of the day care facility and the convenience market (with gasoline station) located at the northwest corner of the Project. This site proposes a total o£ 271 residential units to fulfill the developer's obligation for affordable housing. Neighborhood R-47, located at the rear of the site, proposes 180 multi-family residential units containing a mixture of one, two, three and four bedroom units. a. Circulation and Parking Page 8, Item ~ Meeting Date 11/13/0I Vehicular access to the site will be mainly served by driveway access .off of Santa Rita and Santa Andrea (both Promenade Streets). The entire project is served by an interior vehicular parking lot and circulation plan consistent with the policies of the SPA One Village Design Plan and Village One Core Master Precise Plan. Driveway access off of Santa Rita will be directly located across from access to Neighborhood R-19 and will provide interior access to any use on the site. This parking area will serve as primary parking for vehicles, motorcycles and electric carts. This driveway is intended for slow vehicle traffic and has not been designed as a "through" street. This driveway further connects to the access point on Santa Andrea on the Sharp Rees-Stealy Medical Clinic site to the east. The development also includes a secondary exit point onto East Palomar Street adjacent to the proposed convenience market. This point of access would serve for a right turn entry and exit only. The "Main Street" theme aisc provides existing diagonal parking fronting along East Palomar Street. Service areas for the commercial portion of the mixed-use site are provided at the rear of the buildings. There are 23 individual rear entries to each of the ground floor uses in this mixed-use area, this provides for convenient entry for shoppers and service deliveries. All of the service deliveries will be from the rear building areas including vehicle deliveries and waste management collection. Several locations of enhanced pavement treatments have been proposed to assist with low vehicle speeds, connect pedestrian walkways and increase the awareness of pedestrian activity throughout the development. A total of 501 parking spaces have been provided for the project. The parking requirement for the Project is 613 spaces pursuant to the SPA One PC District Regulations. Requirements described in the SPA One PC District Regulations, Section lI.3(J) - "Parking Standards for Affordable and Age- Restricted Housing", indicate that the parking standards may be reduced from those identified in the RM2 Districts for projects restricted to Affordable Housing and Senior Citizen housing. The reduced parking standards are subject to the discretion of the City Council through the approval of a Conditional Use Permit application. A parking study was prepared as required as part of the CLIP application This parking study, which demonstrated that adequate parking has been provided for the Project, was approved with conditions by both the City Engineer and the Director of Planning and Building, Page 9, Item 7 Meeting Date 11/13/0[ The City's Community Development Department has gathered additional supporting data and completed an analysis of reduced parking standards for Affordable and Senior Housing projects throughout the City of Chula Vista as well as other cities across San Diego County. The findings from Community Development are that reduced parking is appropriate for these individual residential uses (see Attachment #3). These reduced parking standards havebeen successfully utilized in other senior and affordable housing projects in the City. As a result of the Community Development Department's findings and the parking standards described in the SPA One Plan, staff proposed reduced parking standards for the 1{-47 affordable housing site. This would include 180 units at aflat rate of 1.5 spaces per unit The senior housing site in the Mixed Use C-1 site, xvhich includes 91 units, used a ratio of 0.75 spaces per unit. Parking standards for other land uses in the project were subject to the requirements of the SPA One, PC District 1{egulations, Section VII Off-Street Parking. Parking requirements for commercial and office uses and day nurseries, daycare schools/nursery schools were also determined. For the com~nercial and office use parking standards, staffused, as a base, the parking standards from the Off-Street Parking and Loading section of the Zoning Ordinance. According to the zoning code, business and professional offices require one space per 300 square feet of gross floor area, commercial retail stores require one space per 200 square feet of gross floor area. Staffproposes to use a flat rate of one space per 250 square feet of gross floor area for both the office and retail components Based on the requirements of the off-street parking table, parking has been provided at the~ ' rate: ~ Site/Use Area Units SPA One Proposed Total Total (Sq. Parking Parking Standard Spaces Spaces Ft.) Standard Required Provided Commercial/ 20,780 N/A W/Site Plan 1 space/250 Sq. Ft. 96 83 Retail Office 8,934 N/A W/Site Plan 1 space/250 Sq. Ft. 27 36 Day Care 9,876 N/A 1 space/staff 1 space/staff member 24 24 Facility ~nember (23- (23-25 members) 25 members) + ¢ I space/10 children if I space/10 adequate drop-off 18 18 children if facilities adequate (t 84 children .drop-off maximmn) Facilities (184 max. children ~-47 Affordable N/A 180 1.5 space/1 1.5 spaces/mt 338 271 Housing bed 2 space/2 bed 2.25 space/ 3 bed+ C-l/Mixed Use N/A 91 1.5 space/l 075 space~/unit il0 69 Sen~~ bed Page 10, Item 7 Meeting Date 11/13/01  2 space/2 bed 2.25 space/ 3 bed+ TOTAL N/A IS/A 613 501 Page I1, Item ~ Meeting Date 11/13/01 On-street parking is also provided for the mixed-used core. On-street parking includes 21 diagonal spaces provided on East Palomar Street for shoppers. The allowance of on~street parking for thisuse is authorized by the SPA One PC District Regulations. In addition to vehicle parking, the SPA One Plan requires parking dedicated to motorcycles and electric carts. This site also requires "priority" parking stalls for electric carts and low-speed vehicles. The required space size for electric carts and Iow-speed vehicles is 4 feet by 8 feet, and the space must be clearly marked. Staff has determined that parking spaces for electric cart and low-speed vehicles shall be provided at a rate of one space per 100. The proposal has included areas for dedicated electric cart parking. Service delivery vehicles will have to utilize available parking stalls as necessary. It is anticipated that larger service delivery vehicles will not be used for any of the retail tenants. 4. Rename Paseo Ranchero to Heritage Road The Applicant has submitted a request to rename a portion of Paseo Ranchero, a north-south 6-lane Prime Arterial through Otay Ranch to "Heritage Road". The name change is requested to commence south of Telegraph Canyon Road to the City's jurisdictional boundary, connecting with the existing Heritage Road in the City of San Diego In the City's General Plan, Paseo Ranchero is planned to connect to the existing alignment of Heritage Road in the City of San Diego at the boundary between the two municipal jurisdictions. The Applicant believes that the name "Paseo Ranchero" is more attributable to the influence of the Rancho Del Rey planned community, which in their view carries a Spanish design theme throughout that development including street names, monumentation and architecture Otay Ranch Company believes that the name "Paseo Ranchero" is appropriate for Rancho Del Rey, located to the north of Otay Ranch. The Applicant, who owns a significant portion of land in Otay Ranch on and adjacent to the approved Paseo Ranchero alignment in Villages One and Two, has planned its ownership in Otay Ranch around a "California Heritage" design theme. SPA One has implemented this theme through its monumentation, landscape and architecture. According to the Applicant, the size of Otay Ranch and the importance of Paseo Ranchero as an integral roadway in the planned community, make the road an extremely important marketing tool. Otay Ranch Company also believes that the name Paseo Ranchero is inappropriate for Otay Ranch, and conflicts with other street names in Otay Ranch. Currently, only a small section of Paseo Ranchero that is affected by the name change has been constructed. The section of the road from Telegraph Canyon to Olympic Parkway is now open to vehicular traffic. The only address on the road is Otay Ranch Company's Information Center. This is the only address that will change. Otay Ranch is the only property along the entire segment of road that will be affected. It is important to move forward with the name change at this time, before other villages in Otay Ranch are built. Page 12; Item ~ Meeting Date 11/13/01 5 Analysis The proposed amendments to the Otay Ranch SPA One Plan and the Conditional Use Permit application all implement the approved SPA One Land Use Plan and are consistent with prior approvals. The allocation of the 97 units to Neighborhoods R-47 and C- 1 are consistent with the City Council's previous conditional approval for the 27 I-unit affordable and senior housing development for the Village One Core. Ail of these multi-family units in the Project are within a ~A-mile radius of the future trolley station in the core on East Palomar Street. The Conditional Use Permit application for reduced parking standards for affordable and senior housing in the Village One Core is consistent with the requirements of the SPA One Plan. Other developments in the City, as well as throughout the County, have utilized reduced parking standards as an incentive to provide affordable/senior housing developments. Many services and transit opportunities are readily available for these developments. The supplemental parking study and analysis from Co~nmunity Development have demonstrated that other developments with reduced standards have been successful. In addition, a condition of approval will include a shared parking agreement with the Sharp Rees Stealy Medical Clinic, located directly to the east of the Project. The modification to the PC District Regulations to permit "for-profit" day care facilities as a primary use, implements the recently amended CPF Ordinance in the Planned Community Zone, Chapter 19.40 of the Chula Vista Municipal Code. At this time, only a portion ofPaseo Ranchero has been constructed to date. This section of the road between Telegraph Canyon Road and Olympic Parkway was built concurrent with the Village One development. The future extension of the road will be built with Villages T~vo and Three. Pursuant to Section 12.44 of Chula Vista Municipal Code, the street name change for Paseo Ranchero will not cause confusion or uncertainty to police, fire or emergency vehicles by virtue of similarity of spelling or sound of said street names, and to act in changing such names so as to eliminate such confusion and uncertainty. The Planned Community (PC) zone requires each community, or in this case a village, to provide land for Community Purpose Facilities (CPF). The ordinance requires 1.39 acres for CPF land for every 1,000 residents of the village. Since ali of Village One is basically developed and the Otay Ranch Company amendment will add residents to the village, additional CPF land (0.4 acres) will need to be provided elsewhere within their ownership in the Otay Ranch. In the interest of stimulating the construction of housing for low and moderate income families, the Parkland and Public Facilities Chapter (17.10) of the Municipal Code permits the waiving of all or a portion of park improvement obligation fbr affordable housing projects. In order to assist in reducing development costs tbr the construction of residential units for the Project, the City Council and Redevelopment Agency adopted a joint Resolution (2001-165) that identifies the reduced park obligation for the Project Pursuant to Resolution 2001 165, the applicant is required to dedicate an additional 1.8 acres of land for a future community park site within a service radius of the project as Page 13, Item t~ Meeting Date 11/13/01 defined in the Otay Ranch GDP. 6. Conclusion Staff believes that the amendment to the Otay Ranch SPA One Plan, Conditional Use Permit application for reduced parking and the request to rename Paseo Ranchero are all consistent with the policies and requirements described in the approved Otay Ranch SPA One Plan and the Otay Ranch GDP. Staff recommends approval of the amendments subject to the SPA One Conditions of Approval (see Council Resolution No. _, Exhibit 'B'). FISCAL IMPACT: The cost associated with processing the project is covered by the applicant's deposit account. Attachments Village One Locator Map 2.?aseo Ranchero Locator Map 3Cmmnunity Development Depa~nent Reduced Parking Analysis 4.Pioposed Otay Ranch Village One Land Use Plan 5 i'larmang Commission Resolution (PCM 01-17) Planning Commission Resolution (PCC 0t -86) 7 Disclosure Statement HERITAGE PROJECT CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT OTAY PROJECT, LP. PROJECT DESCRIPTION:  ^PPL~O^~ SPA AMENDMENT Request: Otay Ranch SPA One Vi lace One Core; Allocate 97 MF PROJECT S. OF E. PALOMAR ST. beiween affordable units, amend the PC Dis~ct Regulations to allow for proffi ADDRESS: Santa Rita St. & Santa Andrea St. child care facilities, proposal to reduce parking requirement from 640 SCALE: FILE NUMBER: to 501 to serve mixed use, senior & affordable multFfamily & CPF uses. NORTH No Scale DRC-01-23 Related Case: PCM-97-11, PCMq)l-14 h:\home\planning\cerlos\locators\drc0123.cdr 10.18.01 EXTENT OF PROJECT OTAY LANDFILL EXTENT OF PROJECT COORS / CITY OF SAN DIEGO CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT THE OTAY RANCH COMPANY PROJECT DESCRIPTION: APPLICAN~  SPA AMENDMENT PROJECT Paseo Ranchero from Telegraph ADDRESS: Canyon Road to Heritage Road, Request: Proposed street name change from Paseo Ranchero to Heritage Road commencing at Telegraph Canyon Road SCALE: FILE NUMBER: and terminating at the City's southern boundary along NORTH No Scale PCM-00-17 Heritage Road. h:\hnm~\nl~nninn\c~rl~U~'~'~r°~ D~n~ ~ 7.cdr 10/18/01 Parking Requirements by Jurisdiction (as of May 2000) 1 Bdrm 1.5 spaces per unit A reduction in parking ratio is allowed as an 1 + Bdrms 2 spaces per unit space per Mixed commercial and senior Ol 0.5 space Mixed commercial and SRO or I Bdrrn I 5 spaces per unit None specified 3uest No requirement (Inclusive) I Bdrm I spaces per unit None specified 2-3 Bdrms 2 spaces per und Del Mar 3uest No requirement (inclusive) 2+ Bdrms 2.25 spaces per unit unit approval of specific plan ,~uest 10% of required spaces El Cajon 30% Affordable (income restriCted) reduction in housing parking t -2 Bdrms 2 spaces per unit unit affordable housing Encinitas 3+ Bdrms 2 5 spaces per unit Suest No requirement (inclusive) 1 + Bdrms 2 spaces per unit 1.5 space Mixed commercial and 3uest No requirement (Inclusive) )er unit residential 1 + Bdrms 225 spaces per unit 1 space per Senior housing 3uest No requirement (Inclusive) _)+ Bdrms 1.5 spaces per unit 3uest 0 5 spaces per unit for 20 unit in excess of 20 units I Bdrm 1.5 spaces per unit None specitied .)~- Bdrms 2 spaces per unit for 10+ units I Bdrm 1 5 spaces per unit A reduction in parking ralio may be allowed Poway Guest No requirement (inclusive) P~anning Commission. spaces per less of AMI Studio (>400 sq ti) t 25 space per unit Z+ Dus owned and/or managed by the SD San Diego 1 Bdrm 1 25 space per unit 1 Bdrm 1 space per unit 3+ Bdrms 1 75 spaces per unit 3+ Bdrrns 1.4 spaces per unit Guest (2+ dus) 30% of total number of units Suest Reduced if located near public Sou~: PQ PC CV Medic~ Cen~er P~g (across Medic~ Center Co~). ~t: PQ PC ~a VeIer~ Home West: ~M PC RS SFD's (across Medic~ Center Drive). * Nora: ~e pro~' b desi~ated on ~e Gener~ Plm ~d Use Dia~m ~ .pQ. ~blic Q~i-~blic);" however, ~ ~si~tion ~ ~ dete~ to ~ a ~ap~c e~or on ~e Dia~. ~e co~ect l~d ~e desi~tion is ~esi~nfi~ M~im; ~11 Du/Ac). ~or to ~e comprehe~ive update of ~e Ci~'s Gener~ PI~ ~ 1989, ~e l~d ~e desi~fion w~ R~identi~ (4 12 Du/Ac). Subsequent to S~w H Sectio~ Plmg ~ea Pl~ w~ approved wi~ ~e site desi~ated for multiple family ~ts, comisteut wi~ ~e co~ect Gener~ PI~ l~d ~e desi~ation. ~s desi~afion w~ be grap~c~ly co~ected upon ~e nero p~g of ~e Gener~ PI~ ~d Use 3. ~oje~ ~cription ~e applic~t is propos~g ~ affor~ble seffior hous~g project wi~ a total of 132 apa~ent (112 one-be~oom ~d 20 ~o-b~room), co--on recreation fac~ities ~d ~effities; ~ple open spa~ ~d par~g for 146 ve~cles (132 desi~ated and 14 ~est p~g spaces). The propos~ also ~volves ~ deviatio~ ~om ~e Sunbow H Plied Co~uffi~ Re~latio~ and Chula Vista M~cip~ C~e prope~ development smd~ds ~d de~i~ bon~ ~crease. The follow~g pm~phs descfi~ ~ more deta~ ~e proposed prope~ development standards deviatio~ and demi~ bonus ~crmse requested: Par~g: Section 19.62.050 of the M~cipal Code ~d ~e Sunbow H Pla~ed Co~uffiW Dis~ict Re~afiom requke 1.5 spaces for tach one-bedroom, and 2 spaces for each ~o-bedroom uffiB. However, for se~or housing project, ~e Ci~ Co,cfi may co~ider ~d approve exceptio~ for ceph development s~ndards, including off-street p~g. The applic~t is request~g a reduction m p~g requkemenB ~om one space for each one-bedroom ~d 2 spaces for each two ~room to one space per one or two-bedroom units and 14 ~est park~g spaces. Fou~een percent of ~e to~l number of par~g spaces provided is proposed to be compact s~e (71/2 X 15). ~e follow~g ~ble illus~ates ~e proposed and requked par~g in more derail: Requ~ed P~g: 112 one b~m ~im (l.5/u~t) 168 20 two be~m u~m (2/~t) 40 Guest p~g lnc~ To~ = 208 P~ng ~o~ded Residemi~ mrs ( one per ~t) 132 Guest p~k~g t 4 To~ = 146 (-62 p~g spaces) Open Space The Chula Vista Mufficipal Code requkes 400 square feet of open spa~ per dwel~g u~t for multi- f~y project. The open space my be provided h co--on usable open space areas, private patios, balco~es, or co--on recreational facilities. ~e ~e Mu~cipal Code, Chapter 19.28, does not specifically require ~e provision of private patios for individual ~, ~e adopted Ci~ Design Manual, Multi-f~ily Desi~ Guidel~es Section, calls for 60 sq. ~. of private open space for one-bedroom and all u~m above the f~st floor, and 80 sq. fl. for ~o- bedroom, ~ound floor ~ts. To satis~ ~e open space requkemenB described above, the proposed project features 45,941 sq. ~. (350 sq. R. per uffit) of co--non usable open space, includhg a recreatio~I build,g, shuffle board, outdoor cook~g and passive open space. No private patios are proposed for ~dividual dwell~g ~[s. Based on ~e ~e~ties provided, ~e applicant is request~g a reduction ~ open space from 400 to 350 sq. fi. per dwell~g uffit. Demi~ Bonus The applic~t is requesthg a 69% de~i~ bonus to ~crease ~e project de~i~ ~om 78 to 132 (54 additional u~) affordable seffior hous~g uffits. The 132 uffi~ will be res~icted for occupancy by low ~come seffiors, wi~ 80% of ~e u~ for low ~come seffiors at 60 percent of the ~ea Medi~ ~come (~) and 20% u~ for ve~ low hcome se~ors at 50 percent of ~e ~I. ~e ren~ for one-bedroom m~ will range ~om $4~ to $539/mon~ ~d for ~o-~droom u~ from $530 to $~/mon~. ~e res~icted rents are dete~ed by HUD for ~e cu~ent fiscal ye~. Rent res~ictio~ w~l be mainuhed for a period of no less ~an 52 years, w~ch exceeds ~e 30-year tern requked by State law, and will bind aH subsequent owners, so ~at ~e co~ent rema~ ~ force regardless of owners~p. pC'I~ qq-?q VilI~ q~'renn (~nnhnw) ~ 4. Analysis Land Use Compatibility As noted above, the site is surrounded by streets on three sides and by the Veterans Home project, which is presently under construction. The site will be served by public transportation along Medical Center Drive and is within walking distance from the Chula Vista Medical Center, future commercial center and parks within the Sunbow II Planned Community. Thus, in staff's opinion, the site is appropriate for senior housing and highly compatible with the surrounding land USCS. Parking With regard to the proposed reduction in the number of parking spaces to one space per unit plus 16 guest parking spaces, staff contacted several jurisdiction in the San Diego County and concluded that the one space per unit par ~king ratio is widely used by other jurisdictions for senior citizen projects. Based on this, and the fact that public transportation, as well as a neighborhood commercial center, park and the Chula Vista Medical Center will be available to serve the project residents, staff supports the reduction in parking spaces as requested by the applicant. At the Design Review Committee meeting of January 25, 1999, the Committee discussed the project and recommended a further reduction in parking space requirements in order to allow pedestrian linkages between Village I and Il and to the community garden in the center of the project. Staff supporls a further reduction as necessary to accomplish such linkages as long as it does not result in a further reduction in amount of tenant parking spaces available. Open Space Although the open space provided amounts to about 350 sq. ft. per dwelling unit, which is 50 sq, ft. less per dwelling unit, the senior citizen apartment complex has been designed with central open space facilities and amenities to enhance the recreational and social interaction opportunities typically associated with senior aparmaent prqiects. The applicant has indicated that seniors can create thek own private patios within the oversized second storY corridors and ground floor walk. ray by placing their chairs and tables along the edges of these corridors. Based on this, and the fact that the apartment complex will offer a unique senior citizen apamnent living style, staff endorses the reduction in common usable open space as requested by the applicant. PAGE 5, ITEM NO.: '~ MEETING DATE: 06/13/00 Family housing for lower income households is a high priority need identified in the City's Housing Element of the General Plan. This project supports the City's Housing Elementt which calls for the provision of adequate rental housing opportunities for Iow and very Iow:income households. The project complies with a top priority set out in the City's Consolidated Plan for Housing and Community Development. This priority is to implement the City's Affordable Housing Program so that more newly construded rental and for sale units ore made available to Iow and moderate income households, with priority given to very Iow and Iow-income families. This prated exceeds the requirements of State law to provide 20 percent of the total units for Iow-income households. The proposed proiect also exceeds the required 30 years of affordability. In order for the applicant to provide such offordability for the 55-year term, the requested density bonus and reductions or modifications to standards are required. Lastly, the applicant will be required to enter into a Housing Cooperation Agreement that w[l~ specify the affordability and occupancy restrictions in compliance with the requirements of State Law. The Housing Cooperation Agreement will be recorded against the property and its restridive covenants will run with the land. The Agreement articulates the rent restridions, income qualification of residents, the 55-year term of affordability, and mechanisms for monitoring compliance. It is anticipated that the Agreement will be brought forward for Council's consideration at such time the Council considers final adion on the financial assistance (no ~ater than September 2000). 2. Alternative to Density Bonus and Other Additional Incentives As set forth in California Government Code Section 65915 lb), as an alternative to granting a density bonus or a density bonus and an additional incentive, the City may provide other incentives of equivalent financial value based upon the land cost per dwelling unit, including direct financial assistance. Although staff has not calculated the land cost per dwelling, should the Agency approve financial assistance at the proposed level, it is likely that the Agency will provide adequate financial assistance to significantly contribute to the economic feasibility of lhe project. Should the City not provide a density bonus and the requested reductions in parking, the project size would be reduced and consequently, project funding from the other sources may be reduced or jeopardized. 3. Parking The Chula Vista Zoning Ordinance requires one parking space for every 200 square foot of retail commercial floor space and two parking spaces per residential unit. Based upon these standards, the commerciaJ use is required to provide 75 parking SpaCeSr while the residential component of the project must provide 212 parking spaces. A~ summarized in the table below, the proiect is providing 73 parking spaces for the commerdal use and 180 residential parking spaces. PARKING REQUIRED PROPOSED DESCRIPTION: STANDARD PARKING PARKING DIFFERENCE 15,000 square feet retail: 1:200 75 73 -2 106 units: 2 per unit 212 180 -32 Compact parking: 1 every 10 18 23 5 PAGE 6,~ ITEM NO.: MEETING DATE: 06/13_/00 Of the 180 residential parking standards, 85 are in garages and 95 are uncovered surface parking spaces, of which 72 are standard parking spaces (9' :(19') and 23 are compad (7' x 15'). Currently, the proposal is short two spaces for the commercial use and thirty-two spaces for the residential units. Additionally, the proposed plans show that twenty-three of the residential parking spaces are shown as compad spaces, while only eighteen spaces are allowed as compad in compliance with the Zoning Ordinance. There may be further redudions in the number of parking spaces provided due to the City's requirement to provide addi~onal trash enclosures throughout the site and in order to provide additional landscape buffers/relief. As indicated above, other City requirements (trash enclosures, landscaping buffers, etc.) may furlher reduce the number of residential parking spaces being provided. Pursuant to State Density Bonus law, the applicant is requesting a redudion in the required number of parking spaces for both the commercial and residential uses and an increase in the number of compad spaces. Staff is recommending that the number of parking spaces per residential unit will not be reduced to less than 1.5 spa~es per unit. As currently proposed, residential parking is provided at 1.7 spaces per unit. The requested reduction in parking standards from two spaces per dwelling unit to no less lhan 1.5 spaces per dwelling unit is substantiated by the reduced need for parking within mixed use developments and affordable housing for Iow and moderate-income households. To evaluate the appropriateness of the request to reduce the parking requirements, staff concluded three surveys. Staff surveyed twelve other cities within San Diego County to compare parking standards for multifamily residential developments and allowed redudions in such standards (see Attachment 3). Staff conducted a field survey of four existing affordable housing developme~ts to determine the utilization of on-site parking (Attachment 4). Lastly, staff solicited comments from the mangers o~ these affordable housing developments for their opinions regarding the adequacy of the available on-site parking (Attachment 4). In comparing the parking requirements of Chula V~sta, Chula Vista's appear to fall somewhat in lhe middle. Six jurisdidions provide reduced parking standards for mixed-use developments, affordable housing, and senior housing and other cities indicated they have the flexibility to consider lower parking ratios. Reduced standards range from 1 space per dwelling unit to 1.5 spaces per unit. Existing mixed use and affordable housing developments completed by the applicant's archited further supports the redudion in the required parking spaces per unit. The archited designed similar projects with a parking ratio of 1.5 spaces per unit. According to the architect, such parking is adequate to meet the parking needs of the residents. Staff has made dired observations during various hours of the day of on site parking available at Cordova Village, Park Village Aparlments, Trolley Terrace Townhomes, Dorothy Slreet Manor, and Kingswood Manor. Of the five developments, four were developed with the required parking spaces and one (Park Village) was developed with reduced parking. Parking was primarily observed when residents would most likely be home. During the field observations, of lhose developments built at or in excess of lhe required two spaces per dwelling unit, the average percent of spaces adually utilized was 54 perceat. For Park Village, which was built with 1.5 parking spaces per dwelling unit, parking was much more utilized with an average of 79 percent of the spaces actually utilized. Attachment 4 also includes comments from the managers of these apartment communities on the usage of their parking areas. PAGE 7f iTEM HOo: MEETING DATE: Staff supports the proposed reduction of the residential parking requirements from 2.0 to no less than 1.5 parking spaces per unit and an increase of compact spaces from 18 to 23 spaces. All units are to be occupied by Iow and moderate-income households. It is highly antidpated that some [enants are persons or families that do not drive. Staff's survey of allowed parking reductions by other jurisdictions for mixed use developments and affordable housing developments and the architect's personal experience with such developments support a reduction in required parking to 1.5 parking spaces per unit_ Field observations of existing affordable housing developments within Chula Vista reveal that onsite parking is currently underutilized. Based upon the current use of the parking facilities at these developments, it is envisioned that the majority of these households will not have two or more vehicles. The site is located along Broadway and Main with dired access 1o public transportation, lessening :the need to own a vehicle. Should the City require compliance with the parking standards of two parking spaces for each unit and no more than one compad parking space for each ten spaces, the projed would not be feasible. The propedy's size would not be able to accommodate more than the 106 residential units and 180 parking spaces, the recreation building, and 15,000 square foot of retail commercial and the 73 parking spaces. While the parking requirements could be met off-site, there is no parking available within close proximity of this proied. The redudion of the parking requirements and increase in allowed compad spaces is required to facilitate the construction of the proposed proied. 4. Open Space Section 19.28.090 of the Municipal Code requires a minimum of 400 sq. feet of open space per 2- bedroom dwelling unit, 480 square feet for the 3-bedroom unit, and 560 square feet for the 4-bedroom unit_ The open space may be provided in the form of common usable open space areas, private patios, balconies, or common recreational facilities. According to the open space exhibit provided by the archited, the proied will provide a total of .50,347 square feet of open space (includes balcony and patio areas} or approximately 474 square feet per unit. Based upon the applicant's open space calculations, the proposed plan appears to provide the required open space. However, some of the open space areas included within the applicant's calculations do not meet the criteria for usable open space and therefore, should not be counted towards the total open space requirements. The only large, meaningful public open space provided is the coudyard area and the recreation center area across a main driveway. Each of the housing units contains a balcony or a patio area averaging 60 square feet which constitutes private usable open space. Pursuant to State Densily Bonus law, the applicant is requesting modifications to the open space requirements to accommodate the projed. Front Setback/Landscaping Buffer The front building setback is 25 feet along Main and Broadway (front and exterior side yards) per the CCP zone requirements. In addition, a 15-foot landscape buffer is required per the Montgomery Specific Plan. The applicant is requesting a redudion from a 15-foot landscape buffer along Main and Broadway to feet. The front setback/landscape buffer and entire landscape concept plan will be addressed through the conditions of approval. The landscape buffer along Main Street and Broadway will be reduced from 15-ff. to lO-ff upon meeting the condition to provide illustrative sedions showing that a landscape berm will be utilized to screen the undesirable view of the front-loaded commercial parking spaces along Main Street October 21. 1_998 Page 3 t It should be noted that the project not only meets its usable open space requirement, ~ but prov/des active recreational facilities for its residents: two tot lots, a daycare facility , and playground, a community and recreation center. e. The project proposes a 16' (long) x 4' (high) monument sign at the entranceway to the project along Jamacha Road, the location of which is noted on the plot p an A ¢ ~°ject M°nument Sign Exhibit is enclosed for your review. ' \ f' The pr°p°sal forjoint-use parking with the neighborin LaPre - ~ has bee~ deleted from the project A tabulation -~ 'g' . . sa Commumty Churcl- · · m paricmg is included on the eaclose( revised plot plan for the project. Calculations based on Section 6758 of The Zoninl OrdNance(parking requirements for muhi-family residential dwellings) indicate tha 221 parking spaces would be required for the project. The project proposes 197 parkinl spaces onsite (including ~ix handicapped spaces); the project is 24 spaces short of th{ required parking and requests relief from that standard. Modification to the standar( parking requirement may be granted pursuant to Section 6782 of The Zoninl Ordinance, which allows parking in accordance with the terms of a use permit for thc development. Additionally, Land Use Residential Policy 11 of the Spring Valle3 Community Plan states that the Department of Planning and Land Use shall study ano recommend appropriate off-street parking requirements for multi-family development3. The enclosed studies indicate that affordable housing developments, such as the project, utilize less parking than standard parking requirements dictate. One of the enclosed studies was performed by the Los Angeles Housing Department in 1993. The Department conducted a telephone survey of non-profit homing developers to gather information on 22 fully occupied, developments within that City. Their findings indicate that there is an average of 0.93 parking spaces utilitized per dwelling unit. To substantiate that information, site visits were made, including v/sits to most of the developments that were part of the phone survey. Site v/sits were made between 5:30 mm. and 9:00 a.m. on weekends to ensure that the greaterst number of cars would be in the parking areas. That survey found that no locat/on had full parking lots; most lots were only one-quarter to one-half full. Attachment 3 to that study outlines the results of several independent surveys, which include the following: 1)The Housing Div/sion of the Department of Community and Econom/c Development of Santa Monica conducted an affordable housing parking survey in ~989 and concluded that these properties showed an average of 0.49 cars per household; 2) Following a parking survey, the City of Santa Monica passed an ordinance in 1998 which reduced parking requirements for affordable housing projects to one parking space per studio and one bedroom units, and 1.5 spaces per two- or more- bedroom un/ts; 3) In 1989, the City of San Diego revised its multifamily parking standards, based on a survey of public housing conducted in 1987_ The survey found that the overall parking occupancy rate for these developments was 1.18 cars per dwelling unit (1.11 cars for twO-bedroom units, and 1.26 Cars for three-bedroom un/ts)_ As a result, the City of San Diego reduced its parMng requirement for market rate units Kevin Mallory Odtober 21, 1998 Page 4 to one space per studio unit, 1.25 spaces per one-bedroom unit, 1.5 spaced per bedroom units, and 1.75 spaces per three-bedroom and larger units. Parking requirements for low income develoments were further reduced; 4) The City of Oakland's reduced parking requirements for market rate multifamily units range from one space per dwelling unit to 1.5 spaces per dwelling unit. The other enclosed study is an analysis performed by the City of Escondido Housing Manager in 1997 of parking requirements for affordable and senior housing developments. That analysis verified the adequacy of reduced parking within affordable housing developments. Some of the developments reviewed t;eceived approvals for reduced parking requirements through the City's Planned Unit Development process, prior to adoption of reduced parking standards. However, the reductions that were approved were determined to be similar to those provided by the now-adopted ordinance. Based on field investigations, Housing staff found that parking lots for these developments often were only partially utilized. Further reductions to parking requirements were analyzed; interviews with several property managers for affordable housing developments indicated that the parking ratio could be reduced to 1.25 spaces per dwelling unit. Staff concluded that ex/sting ratios were adequate with no further reductions at the time of the report, however, they recommended that the issue of further reductions be revisited at a later date. Table One of that study outlines the parking requirements of the eighteen cities within San Diego County; all but five of those cities offer some relief from standard parl4v , requirements as an incentive for affordable housing projects. 'Pae San Martin de Pones project proposes an overall parking ratio of 1.7 spaces per dwelling unit, which is 89% of the required parking standard. Based on the enclosed studies, this ratio would provide adequate parking for the project. To provide an additional 24 spaces to accommodate standard reqt!irements rather than meet actual parking needs would compromise the affordability of the project; either units would be lost or project amenities such as the daycare center or playground/tot lots would be deleted. We ask that reduced parking be granted to the project as part of its Major Use Permit. g. Proposed lighting for the project is shown on the enclosed revised Landscape Concept Plan. h. Utilities will be installed underground, including provisions for cable television. The ~ provision of a Master Antenna Television system for this project would be cost ~ prohibitive. i. (1) Elevations of all views have been prepared and are enclosed for your review. (2) A project development summary has been included on the enclosed revised pr plan. RESOLUTION NO. PCM-01-14 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ADDENDUM TO FEIR 95-01, APPROVE AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, ADOPT AN ORDINANCE TO MODIlq~Y THE OTAY RANCH SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS WITHIN VILLAGE ONE TO ALLOW 'FOR- PROFIT~ DAY CARE FACILITIES AND RENAME A PORTION OF PASEO RANCHERO TO HERITAGE ROAD. WHEREAS, the properties which are the subject matter of this resolution is identified as Exhibit "A" and "B" attached to City Council Resolution No. and described on Chula Vista Tract 96-04 and 96-04A, and are cormnonly known as Village One Core and Paseo Ranchero ("Property"); and, WHEREAS, an application (PCM 01-14) to amend the Otay Ranch Sectional Planning Area (SPA) One Plan for Village One was filed with the City of Chula Vista Planning and Building Department on February 9, 2001 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, an application (PCM 00-17) to rename a portion of Paseo Ranchero to Heritage Road through the Otay Ranch was filed with the City of Chula Vista Planning and Building Department on October 9, 2000 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, the application(s) request to amend the Otay Ranch SPA One Plan including modifying the SPA One Planned Community District Regulations and Village One Land Use to reflect the reallocation of 97 unused dwelling units to Neighborhoods R-47 and C-1 and permit "for- profit" day care facilities in SPA One; and, rename a portion of Pasco Ranchero to Heritage Road from Telegraph Canyon Road to the City's municipal bdundary through Otay Ranch ("Project"); 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 ("EIR 95-01") and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("EIR 97-03"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that: the re-allocation of 97 unused dwelling units was addressed in FEIR's 95-01 and 97-03; the renaming of Pasco Ranchero to Heritage Road and the amendment to the Otay Ranch SPA One Planned Cormnunity District Regulations to permit "for-profit" day care centers do not result in a physical change to the environment and are therefore covered by "the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment." (CEQA Guidelines Section 15061 (b)(3)), and are therefore exempt from CEQA; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Project 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 of the Project site at least ten days prior to the hearing; and WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m. October 30, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of the Project is consistent with the City of Chula 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 practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION reconunends that the City Council adopt the attached resolution approving the amendment to the Otay Ranch Sectional Plamfing Area (SPA) One Plan and renaming a portion of Pasco Ranchero to Heritage Road in accordance with the findings in said resolution. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Resolution adopting an ordinance approving an amendment to the Otay Ranch SPA One Planned Community District Regulations, to permit "for-profit" day care facilities in the SPA One Community Purpose Facilities Zone; and BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION reconunends the City Council adopts the attached resolution adopting an Addendum to FEIR 95-01 and granting a Conditional Use Permit for reduced parking standards on affordable and senior housing in the Village One Core. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 30ta day of October, 2001 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Kevin O'Neill, Chair ATTEST: Diana Vargas, Secretary RESOLUTION NO. PCC-01-86 RESOLUTION OF THE PLANNING COMMISSION OF TI-HE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE PERMIT FOR REDUCED PARKING STANDARDS ON AFFORDABLE AND SENIOR HOUSING IN THE VILLAGE ONE CORE AND ADOPTING THE ADDENDUM TO FEIR 95-01. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. __ and described on Chula Vista Tract 96- 04A, and is commonly known as the Village One Core area ("Property"); and, WHEREAS, a duly verified application (PCC-01-14) for a Conditional Use Permit ("Project") to permit a reduced ofl:-street parking standard for affordable and senior housing in the Otay Ranch Village One core mixed-use development was filed with the City of Chula Vista Planning and Building Department on June 12, 2001 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, the Otay Ranch Sectional Planning Area (SPA) One Plan, Planned Community District Regulation permits reduced off-street parking standards for affordable and senior housing pursuant to SPA One Plan, Section II.3-J; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Plalming 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 ("EIR 95-01'); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that 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 95-01 was prepared in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. ; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, wa& given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m. October 30, 2001, in the Council Chmnbers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION, does hereby recommend that the City Council approve Conditional Use Permit PCC-01-86 in accordance with the findings and subject to the conditions and findings contained in the attached draft City Council Resolution No. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 30th day of October, 2001 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Kevin O'Neill, Chair ATTEST: Diana Vargas, Secretary THE CITY OF CHULA VISTA DISCLOSURE STA;i'I~.~I~NT Purs~arl to Council Policy 101-01, prior to any action Upon marten which will require discretionary action by the Council, Planning Commission and all other official bodies of thc City, a statcmein of disclosure of cenah~ ownership or Financial interests, payments, or campaign contr~ufions for a City of Chub Vista election must be filed. The following information must be disclosed: I. List the name~ of all persons having a financial interest in the property that is the subject of the applicatin~ or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Otav Protect L.P. 2. If any person* identified pUrsuant to (1) above is a corporation or parmership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. Jim Baldvri~ ~ B alcl~in 3. If any person* identified pursuant to (1) above is a non-profit organ;:'ation or trust, list the names of any person 8erring as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in tiffs matter? ..... Jim Baldwin ~e A1 Baldwin Ranie Hunter Klm Kilkenny Chuck Cater 5, Has any person* associated with this contract had any fmanchl dealings with an official** of 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 officialx~'~ may have in this contract? Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No X.~ Yes ~ If yes, which Council member?, 7, Have you or any member of your governing board 0.e, Corporate Board of Director~-xecntives, non-profit Boart of Directom made contributions totaling more than $1,000 over the po.st four (4) years to a current member of tht Chula Vista City Council? Yes____ No ~{ If Yes, 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 the past twelve (12) months? ~ includes being a source of income, money to reth-~ a legal debt, gift, loan, etc. Yes No_X_. If Yes, which officiala* and what was the ixamr¢ of item provided? Signatu~ of CoQtractor/Applicant Print or type name of,Contractor/Applicant_ .... P~rsott is /kff'med ,~: any inctividual, firm, co~parmerahip, joi~t venture, association, social club, fraternal orgaf~,~tion corporation, estate, trust, xeceiver, syndicatg, any other county, city, municipality, district, or other' political su~ctivision, ~o any other group or combination acting as a unit. Official incll~:les, but is not'lhnited to: MayoL Coumcil member, Planning Commlssioner~ Member of a board, commission or ¢Ornrnlt~e O~ the City, ~mployee:, or staff members~ H: %HO~ GlAIEERLhDM/I'ACONTRAC1ASTL25200,23 (Boiler RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, AND RENAME A PORTION OF PASEO RANCHERO TO HERITAGE ROAD. WHEREAS, the properties which are the subject matter of this resolution are identified as Exhibit "A" and "B" attached hereto and described on Chula Vista Tract 96- 04 and 96-04A, and are connnonly known as Village One Core and Pasco Ranchero ("Property"); and, WHEREAS, an application (PCM 01-14) to amend the Otay Ranch Sectional Planning Area (SPA) One Plan for Village One was filed with the City of Chula Vista Planning and Building Department on February 9, 200I by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, an application (PCM 00-17) to rename a portion of Pasco Ranchero to Heritage Road through the Otay Ranch was filed with the City of Chula Vista Planning and Building Department on October 9, 2000 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, the application(s) request to amend the Otay Ranch SPA One Plan including modifying the SPA One Planned Community District Regulations, and Village One Land Use Plan to reflect the reallocation of 97 unused dwelling units to Neighborhoods R-47 and C-1 and rename a portion of Pasco Ranchero to Heritage Road from Telegraph Canyon Road to the City's municipal boundary through Otay Ranch ("Project"); and, WHEREAS, pursuant to Section 12.44 of Chula Vista Municipal Code, the street name change for Pasco Ranchero will not cause confusion or uncertainty to police, fire or emergency vehicles by virtue of similarity of spelling or sound of said street names, and to act in changing such names so as to eliminate such confusion and uncertainty; 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 ("EIR 95- 01") and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("EIR 97-03"); and, WHEREAS, the City's Enviromnentai Review Coordinator has reviewed the Project and has determined that: the re-allocation of 97 unused dwelling units was addressed in FEIR's 95-01 and 97-03; the renaming of Pasco Ranchero to Heritage Road and the amendment to the Otay Ranch SPA One to permit for profit day care centers do not result in a physical change to the environmental and are therefore covered by "the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment." (CEQA Guidelines Section 15061 (b)(3)), and are therefore exempt from CEQA; and, WltEREAS, the Planning Commission set the time and place for a hearing on ; said Project 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 of the 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. November 7, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on said Project; 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: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 7, 2001, and the minutes and resolutions resulting 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. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Second-Tier Final EIR 95-01 and Final EIR 97-03, would have no new effects that were not examined in said Final EIR [Guideline 15168 (c)(2)]. IlL ACTION The City Council hereby approves the amendment to the Otay Ranch SPA One, including allocating 97 unused d~velling units to Neighborhoods R-47 and C-1 in Village One and the renaming of a portion of Paseo Ranchero to Heritage Road from Telegraph Canyon Road to the City's municipal boundary through Otay Ranch based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare m~d good planning and zoning practice support their approval and implementation. IV. SPA PLAN FINDINGS A. THE OTAY RANCH SPA ONE PLAN AMENDMENTS ARE IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN. The Otay Ranch SPA One Plan amendment to allocate 97 unused dwelling units to Neighborhoods R-47 and C-1 in Village One and the renaming of a portion of Paseo Ranchero to Heritage Road from Telegraph Canyon Road to the City's municipal boundary through Otay Ranch 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. THE PROPOSED AMENDMENTS TO THE OTAY RANCH SPA ONE PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch SPA One Plan amendment to allocate 97 unused dwelling units to Neighborhoods R-47 and C-I in Village One and the renaming of a portion of Paseo Ranchero to Heritage Road from Telegraph Canyon Road to the City's municipal boundary through Otay Ranch contains provisions and requirements to ensure the orderly, phased development of the project through the implementation of threshold requirements identified in the SPA One Plan and SPA One Public Facilities Finance Plan C. THE PROPOSED OTAY RANCH SPA ONE PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch SPA One are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch SPA One Plan area. 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 SPA Plan amendment 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 Final Second-Tier Environmental Impact Report (Final EIR 95-01 and 97-03). D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE 1N AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The Project does not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Otay Ranch SPA One Plan does not involve these Institutional, Recreational or similar uses. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The circulation system depicted in the SPA Plan is consistent with the Circulation system identified on the City's General Plan and Otay Ranch General Development Plan and contains adequate internal circulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. The renaming of a portion of Paseo Ranchero to Heritage Road from Telegraph Canyon Road to the City's municipal boundary through Otay Ranch Road does not affect the adopted road alignment for this road. Improvements to the road in the SPA One area have been constructed per the timing and threshold requirements outlined in the SPA One Plan Public Facilities Financing Plan. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). The location of proposed commercial development area in the Village One core area of SPA One is consistent with the requirements of the SPA One Plan. These commercial uses reflect the Chula Vista General Plan and Otay Ranch General Development Plan and will provide needed commercial services to future residents in the area as well as visitors. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The SPA One plan is consistent with the approved plans and regulations applicable to surrounding areas and therefore, said development can be plarmed and zoned in coordination and substantial compatibility with said development. The proposed amendments to the SPA One Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, as amended. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "C', attached hereto and incorporated in the Project. VII. REGULATIONS FOR STREET NAME ADOPTION OR CHANGE Pursuant to Section 12.44 of Chula Vista Municipal Code, the street name change for Paseo Ranchero will not cause confusion or uncertainty to police, fire or emergency vehicles by virtue of similarity of spelling or sound of said street names, and to act in changing such names so as to eliminate such confusion and uncertainty. VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its 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 any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved astoformby Robert Leiter John M. Kaheny Platming and Building Director City Attorney PROJECT LOCATIOH CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT OTAY PROJECT, L.P. PROJECT DESCRIPTION:  ^.PL,OA.~ SPA AMENDMENT Request: Otay Ranch SPA One Village ONe Core; AIIocat~ 97 MF PROJECT S. OF E. PALOMAR ST. between affordable units, amend the PC Distinct Regulations to allow for profit ADDRESS: Santa Rita St. & Santa Andrea St child care facilities, proposal to reduce parking requirement from 640 SCALE: FILE NUMBER: to 501 to serve mixed use, senior & affordable multi-family & CPF uses. NORTH No Scale DRC_.-01-23 Related Case: PCM-97-11, PCM-01-14 h:\home\planning\carlos\locators\drc0123.cdr 10.18.01 EXTENT OF PROJECT OTAY LANDFILL OF PROJECT CITy OF' ~ G c~Ty o~ SA. ~,~o GOB~~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT THE OTAY RANCH COMPANY PROJECT DESCRIPTION: APPLICANI~  SPA AMENDMENT PROJECT Paseo Ranchero from Telegraph ADDRESS: Canyon Road to Heritage Road. Request: Proposed street name charge from Paseo Ranchero to Hedtage Road commencing at Telegraph Canyon Road SCALE: FILE NUMBER: and terminating at the City's southern boundary along NORTH No Scale PCM-00-17 Heritage Road. '"~'~--*\plannin-\carlos\locators\PCM0017.cdr 10/18/01 Exhibit "C" Otay Ranch Sectional Planning Area One CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the issuance of building permits, or, as detemfined by the Director of Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Overall Design Plan; Otay Ranch Sectional Planning Area (SPA) One Plan and supporting documents including: SPA One Public Facilities Finance Plan; SPA One Parks, Recreation, Open Space and Trails Plan; SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. Applicant shall indenmify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, ncludmg attorney s fees, arising fi.om challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. The Project shall comply with all applicable SPA One conditions of approval, as may be amended from time to time. 6. Any and all agreements that the Applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with the Project shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ( Development Agreement ) and as amended on October 22, 1996. 8. Applicant shall submit to the City for approval by the City Engineer, the full traffic signal plans for the following intersections in Otay Ranch, Village One: a. East Palomar Street and Santa Rita Street b. East Palomar Street and Santa Helena Street · Prior to the issuance of the first building permit in the Project, the Applicant shall enter into an agreement with the City to secure the installation of traffic signals and at the above intersections, xvhich shall be installed upon the request of the Director of Public Works. 9. Applicant shall pay any and all costs identified by the Department of Public Works for changing the name of Paseo Ranchero to Heritage Road. 10. Prior to the issuance of of building permits for final occupancy for the Multi-Family component of the Project, the Applicant shall enter into an agreement to the satisfaction of the City Engineer with PMB Chula Vista, LLC, or their successor or assigns, to allow for Project to use available parking spaces in the adjacent parking lot of the Sharp Rees-Stealy Medical Clinic located at 1400 East Palomar Street, Chula Vista, California. H:\PLANNING\Otay Ranch\Otay Ranch Company\SPA One VI Core ORC Amend Conditions doc 10/26/01 11:52 AM 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 ALLOWING "FOR- PROFIT" DAY CARE FACILITIES IN COMMUNITY PURPOSE FACILITY ZONING DISTRICTS AS AUTHORIZED IN THE PLANNED COMMUNITY ZONE. WHEREAS, the properties which is the subject matter of this resolution is identified as h~b~t A attached hereto and described on Chula Vista Tract 96-04A, and is commonly known as Village One Core ("Property"); and, WHEREAS, an application (PCM 0 I- 14) to amend the Otay Ranch Sectional Planning Area (SPA) One Planned Community District Regulations was filed with the City of Chula Vista Plmming and Building Department on February 9, 2001 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, the Otay Ranch Sectional Planning Area (SPA) One Plan, Planned Community District Regulations ("Project") are 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 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 Plan area to exist in harmony within the community; and, WHEREAS, the Otay Ranch SPA One Planned Community District Regulations are 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 Otay Ranch SPA One Plan; and, WHEREAS, the Otay Ranch SPA One Planned Community District Regulations establishes zoning regulations for Community Purpose Facility Zoning Districts located in the Otay Ranch SPA One; and, WHEREAS, the application(s) request to amend the Otay Ranch SPA One Planned Comnmnity District Regulations, to permit "for-profit" day care facilities in Community Purpose Facilities Zoning Districts in SPA One; and, WHEREAS, On March 27, 2001, the City Council adopted Ordinance No. 2830 an~ending Chapters 19.04, Definitions, and 19.48, Planned Community Zone of the Chula Vista Municipal Code permitting "For-Profit" day care facilities as a primary use in Community Purpose Facilities zoning districts subject to findings outlined in Chapter 19.48.025, Section "F"; and, WHEREAS, thc development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Cotmcil on Jtme 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 ("EIR 95-01") and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("EIR 97-03"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project ~md has determined that the amendment to the Otay Ranch SPA One to permit for profit day care centers do not result in a physical change to the environmental and are therefore covered by "the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment." (CEQA Guidelines Section 15061 (b)(3)), and are therefore exempt from CEQA; and, WHEREAS, the Planning Comnfission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan (PCM-01-14) 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 of the Project site at least ten days prior to the hearing; m~d, WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m. November 7, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch SPA One Plan amendment and adopting the ordinance to approve the modification to the SPA One Planned Community District Regulations; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chun 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 held on November 7, 2001, and the minutes and resolutions resulting 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 Qnality Act (CEQA) claims. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Second-Tier Final EIR 95-01 and FEIR 97-03, would have no new effects that were not examined in said Final EIR (Guideline 15168 (c)(2)). · III. ACTION The City Council hereby adopts an Ordinance to the Otay Ranch SPA One Planned Commtmity District Regulations, to permit "for~profit" day care facilities in Community Purpose Facilities Zoning Districts in SPA One finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Developmem 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. IV. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption Presented by Approved as to form by Robert Leiter John M. Kaheny Planning and Building Director City Attorney ll:\PL/~-NNING\Otay_Ranch\Otay Ranch Company\VI_SPA One Amcnd_VICore_CC ORD.doc CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT OTAY PROJECT, L.P. PROJECT DESCRIPTION: APPL,OANT: SPA AMENDMENT  Request: Otay Ranch SPA One Village One Core; Allocate 97 MF PROJECT S. OF E. PALOMAR ST. between affordable units, amend the PC District Regulations to allow for profit ADDRESS: Santa Rita St. & Santa Andrea St. child care facilities, proposal to reduce parking requirement from 640 SCALE: FiLE NUMBER: to 501 to selve mixed use, senior & affordable multi-family & CPF uses. NORTH No Scale DRC-01-23 Related Case: PCM-97-1t, PCM-01-14 h:\home\planning\carlos\locators\drc0123.cdr 10.18.01 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT FOR REDUCED PARKING STANDARDS FOR AFFORDABLE AND SENIOR HOUSING IN NEIGHBORHOODS R-47 AND C-1 IN THE VILLAGE ONE CORE AND ADOPT THE ADDENDUM TO FEIR 95-01. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 96-04A, and is commonly known as the Village One corn area ("Property"); and, WHEREAS, a duly ~-erified application (PCC 01-14) for a Conditional Use Permit ("Project") to permit a reduced off-street parking standard for affordable and senior housing in Neighborhoods R-47 and C-1 in the Otay Ranch Village One core mixed-use development was filed with the City of Chula Vista Planning and Building Department on June 12, 2001 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, the Otay Ranch Sectional Planning Area (SPA) One Plan, Planned Community District Regulation permits reduced off-street parking standards for affordable and senior housing subject to the grant of a Conditional Use Permit pursuant to SPA One Plan, Section II.3-J; 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 ("EIR 95-01"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that 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 lwas prepared in accordance with State CEQA Guidelines Section 15164 and adopted pursuant hereto, and identified as Exhibit "B" to this Resolution; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Project 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 of the Project site at least ten days prior to the hearing; and WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m. November 7, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on said Project; 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 held on November 7, 2001, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along ;vith any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Envirommental Quality Act (CEQA) claims. Il. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Second- Tier Final EIR 95-01, would have no new effects that were not examined in said Final EIR [Guideline 15168 (c)(2)], and therefore, has prepared an Addendum to that document identified as Exhibit "B" to this Resolution. IlL ACTION The City Council hereby adopts the Addendum to FEIR 95-01 and grants the Conditional Use Permit to allow for a reduced parking standard for affordable and seniors housing in Neighborhoods R-47 and C-1 in the Otay Ranch Village One core based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development 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. IV, 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 hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. The City Council findings of fact are as follows: 1. That the proposed use at this 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 reduced parking standard for affordable and senior housing in Neighborhoods R-47 and C~I provides a necessary and desirable service that will contribute to the general well being of the neighborhood or community in that reduced parking standards serve as an incentive to promote development of affordable and seniors housing projects. 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. A total of 501 parking spaces have been provided for the project. The parking requirement for the Project is 613 spaces pursuant to the SPA One PC District Regulations. The reduced parking rate this location has been analyzed and compared with other affordable and senior development with reduced parking standards proximity to mass transit opportunities and subject to a parking study. The offqstreet parking facilities in the mixed use development will be subject to meeting all health, safety and general welfare standards and regulations set forth by the City of Chula Vista in that the off-street parking areas must comply with the Uniform Building Code, Uniform Fire Code and all other applicable codes prior to occupancy. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The Project requires compliance with all conditions, codes and regulations, as applicable, prior to any occupancy of the Project's off-street parking facilities. 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. This use is in compliance with the Chula Vista General Plan land use designation, the Otay Ranch General Development Plan, and the Otay Ranch SPA One Plan regulations. The granting of the Conditional Use Permit will be in compliance with the provisions of the Otay Ranch SPA One Plan if the conditions identified in Section V of this Resolution are implemented. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth belo;v: 1. Prior to the issuance of final occupancy for the Multi-Family component of the Project, the Applicant shall enter into an agreement to the satisfaction of the City Engineer with PMB Chula Vista, LLC, or their successor or assigns, to allow for Project to use available parking spaces in the adjacent parking lot of the Sharp Rees-Stealy Medical Clinic located at 1400 East Palomar Street, Chula Vista, California. 2. The Project is subject to all conditions of approval identified in DRC-01-23 approved y the C~ty Design Revtew Commtttee on January 22, 2001. 3. This Conditional Use Permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its 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 any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. VIII. 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 of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/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's Office and known as document No. Signature of Property Owner Date Signature of Representative of Date Property Owner IX. ADDITIONAL TERM OF GRANT This permit shall expire ten (10) 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 conditions of approval, and shall determine, in consultation with the applicant whether the Conditional Use Permit shall be extended for an additional five- (5) years. At any time prior to the ten (10) year expiration date, the applicant may apply for an extension. Presented by Approved as to form by Robert Leiter John M. Kaheny Planning and Building Director City Attorney H:~PLANNING\Otay Ranch\Otay_Ranch Company%$ SPA_One CUP_Parking_CC Reso.doc CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT OTAY PROJECT, LP. PROJECT DESCmPT~ON: ( APPL,O^UT: ,SPA AMENDMENT RequesE Otay Ranch SPA One Village One Core; Allocate 97 MF PROJECT S. OF E PALOMAR ST. between affordable units, amend the PC District Regulations to allow for proffi ADDRESS: Santa Rita St. & Santa Andrea St. child care facilities, proposal to reduce parking requirement from 640 SCALE: ! FILE NUMBER: ~ to 501 to se~'e mixed Use, senior & affordable multi-family ,![ CPF uses. NORTH No Scale DRC-01-23 Related Case: PCM-97-11, PCM-01-14 h:\home\planning\carlos\locators\drc0123.cdr 10.1801 ADDENDUM TO THE FINAL EIR FOR THE OTAY RANCH SECTIONAL PLANNING AREA ONE AND ANNEXATION EIR-95-01 SCH #94101046 PROJECT NAME: Conditional Use Permit for Reduced Parking to Serve Senior and Affordable Housing PROJECT LOCATION: City of Chula Vista PROJECT APPLICANT: The Otay Ranch Company DATE: October 23, 2001 1.0 INTRODUCTION The Final Second-Tier E1R, Otay Ranch Sectional Planning Area One and Annexation, EIR 95-01, certified in 1996 ("EIR 95-01"), contains a comprehensive disclosure and analysis of potential environmental effects associated with the implementation of the Sectional Planning Area (SPA) One project, including Villages One and Five of Otay Ranch. In addition to EIR 95~01, The Final Second Tier EIR for Otay Ranch SPA One and GDP/SRP Amendments, EIR 97-03, certified in 1998 (EIR 97-03) analyzed the addition of land area in the western portion of SPA One, as well as amendments and refinements to the SPA One plan. Therefore, while this Addendum is identified as an addendum to E1R 95-01, it is also closely associated with EIR 97-03, in that EIR 97-03 analyzed many of the same issues related to an updated SPA One plan. While EIR 97-03 provided a comprehensive analysis of project impacts, it relied upon and referenced EIR 95-01. For that reason, the City of Chula Vista has determined that it is more procedurally appropriate to base the Addendum on EIR 95-01 as the primary document. However, the analysis contained in this Addendum also considers the analysis and documentation provided in EIR 97-03. The project Applicant for portions of Village One, the Otay Ranch Company, has submitted an application for a Conditional Use Permit to allow reduced parking standards to serve the proposed senior and affordable housing components of the village core. The purpose of this Addendum is to discuss the minor changes in parking requirements for the Village One Mixed-Use area. 2.0 CEQA REQUIREMENTS Sections 15162 through 15164 of the CEQA guidelines discuss a lead agency's responsibilities in handling new information that was not included in a project's final environmental impact report (Em). Section 15162 of the CEQA Guidelines provides: (a) When an EIR has been certified.., for a project, no subsequent EIR shall be prepared for that project unless the City determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the EIR...due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR... due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete..., shows any of the following: (A)The project will have one or mom significant effects not discussed in the [Final] EI~.; (B)Significant effects previously examined will be substantially mom severe than shown in the [Final] EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or mom significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the [Final] EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. In the event that one of these conditions would require preparation of a subsequent EIR, but "only minor additions or changes would be necessary to make the [Final] EIR adequately apply to the project in the changed situation," the City could choose instead to issue a supplement to the Final EIR. (CEQA Guidelines, § 15163, subd. (a).) In the alternative, where the changes or new information will result in no new impacts, or no more severe impacts, than any that were disclosed in the Final EIR for the Project, it is appropriate for the City to prepare an addendum pursuant to CEQA Guideline, § 15164. That section states that an addendum should include a "brief explanation of the decision not to prepare a subsequent EIR pursuant to § 15162," and that the explanation needs to be supported by substantial evidence. (CEQA Guidelines, § 15164, subd. (e).) The addendum need not be circulated for public review, but may simply be attached to the Final EIR. (ibid.; CEQA Guideline, § 15164, subd. (c).) Likewise, under CEQA Guideline Section 15088.5, where the Final EIR has not yet been certified, recirculation for public review is not required unless "significant new information" is added to the document (CEQA Guideline, § 15088.5, subds. Iai, lb]). City of Chula Vista 2 Addendum to Final EIR SPA One Village One Amendment 10/25/01 "Significant new information" requiring recirculation includes, for example, a disclosure showing that: (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. (4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. Recirculation is not required when new information added to the EIR merely clarifies or amplifies or makes insignificant modifications to an adequate EIR. (CEQA Guideline, 15088.5, subd. (b).) Thus, in the following inquiry the City considers under the standards articulated above whether each of these three changed circumstances reveal or create previously-undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts. (CEQA Guidelines, §§ 15162, 15163, 15164, subd. (a); 15088.5, subds. [a], [b]). As the discussion demonstrates, it is appropriate for the City to prepare this Addendum to the Final Second-Tier EIR, Otay Ranch Sectional Planning Area One and Annexation, E1R 95-01, pursuant to CEQA Guideline, § 15164. 3.0 PROJECT SETTING The proposed project is located in the northern portion of the Otay Valley Parcel within the boundaries of Otay Ranch SPA One, Village One. The project is located east of 1-805 in the City of Chula Vista. More specifically, the area proposed for reduced parking standards is within the village core of Village One, located in the central portion of the village, at the southeast comer of East Palomar Street and Santa Rita Street. Existing roadways in the vicinity of the proposed project include Telegraph Canyon Road/Otay Lakes Road, East Palomar Street, and Paseo Ranchero. Telegraph Canyon Road forms the northern boundary of the Village One area. La Media Road forms the eastern boundary of Village One. The future extension of Olympic Parkway forms the southern boundary of Village One and Paseo Ranchero forms the western boundary. East Palomar Street bisects the Village One area, connecting Paseo Rachero with La Media Road. Easbwest access to the project is provided along Telegraph Canyon Road/Otay Lakes Road. Interstate 805 is a north-south freeway located to the west of the prqiect area, which originates in south county and terminates at its connection with the I-5 freeway in City of Chula Vista 3 Addendum to Final EIR SPA One Village One Amendment 10/25/01 II Carmel Valley. Local interchanges in the project vicinity are at Olympic Parkway, Telegraph Canyon Road, and East H Street. The Village One project area has been mass graded in accordance with the City of Chula Vista Grading Ordinance and development is ongoing. In addition, the required infrastructure is in place. Due to the Village One area having been mass graded, the majority of the project mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP) have been successfully implemented. 4.0 PROJECT DESCRIPTION The proposed project involves the issuance of a Conditional Use Permit that would allow for a reduced number of parking spaces in conjunction with the development of a mixed-use project the Village One Core area. The mixed-use project is comprised of 271 multi-family units, 29,714 square feet of commercial/office use, and a 9,875 square-foot day care facility. The proposed parking reduction is as follows: Land Use City Proposed Reduced Project Use Quantity Standard Requirement Difference Requirement CommercialfRetail 20,780 s.f. 96 83 -13 Office 8,934 s.f. 27 36 19 Day Care 9,875 s.f. 42 42 0 Affordable Senior Residential 91 DU 137 69 468 Affordable Multi- Family Residential 180 DU 338 270 -67 TOTALS 640 501 - 139 s.f. = gross square feet DU = dwelling units The CUP proposes to reduce the SPA One standards for parking for the commercial/retail/office portion of the project by 4 spaces, and by 135 spaces for the Affordable Senior and Multi-family project. Reduction in parking requirements is considered by the City of Chula Vista on a case-by-case basis, but is often allowed in association with affordable housing. A parking study (Technical Memorandum: review of Site Plan and Parking Requirements for the Otay Ranch Village 1 Mixed- Use Affordable/Senior Housing Development, URS/BRW, March 5, 2001 - "Parking Study") was prepared in support of the CUP application. The findings of that study are referenced in the following discussion. City of Chula Vista 4 Addendum to Final EIR SPA One Village One Amendment 10/25/01 5.0 IDENTIFICATION OF ENVIRONMENTAL EFFECTS The following environmental analysis provided in Section 6.0 determines that the Conditional Use Permit for reduced parking in the Village One village core would not result in any additional significant environmental effects beyond those previously covered under EIR 95-01. 6.0 ANALYSIS Land Use, Planning and Zoning Insufficient parking in the village core resulting from the proposed CUP would be considered a potentially significant land use impact. Insufficient parking could result in inconveniences to residents and potential loss of business to commercial uses. The Parking Study examined the specific type and density of residential uses involved in the village core, as well as access to public transit available at the site. Based on standards of the Institute of Traffic Engineers (Parking Generation Manual), and the Cities of San Diego, Coronado, and E1 Cajon, all of which contain lower parking ratios for senior and affordable housing projects, the study found that the 501 parking spaces proposed under the CUP would be adequate to meet parking needs. Therefore, since the Parking Study determined that adequate parking is available to meet the needs of future land uses in the village core, issuance of the CUP would not result in any new or increased levels of significant impacts identified to land uses. Since there would be no significant land use impacts as a result of the CUP, its approval would not represent an inconsistency with the land use goals and policies of the SPA Plan and GDP. Landform Alteration/Aesthetics View impacts of the Village One project site would not be substantially changed with the provision of reduced parking for the village core. The proposed CUP would not result in any perceptible difference in visual characteristics for Village One. Therefore, no new or increased levels of impact to landform or aesthetics beyond those identified in EIR 95-01 would result from issuance of the CUP. Biological Resources The proposed project site has been mass graded in accordance with the City's grading ordinance and no vegetation remains onsite. Implementation of the reduced parking requirements under the CUP would not have the ability to affect any biological resources in the project vicinity. The proposed CUP will not require additional conveyance of land by the project applicant into the Otay Ranch Resource Management Preserve (RMP). Therefore, no new or increased levels of impact to biological resources beyond those identified in EIR 95-01 would result from issuance of the CUP. Cultural Resources City of Chula Vista 5 Addendum to Final EIR SPA One Village One Amendtnent 10/25/01 The proposed CUP will not increase the development area from that what was analyzed in the Final EIR. All of the archaeological and historical investigations for the Final EIR were completed in accordance with the guidelines of the City of Chula Vista and the County of San Diego (Guidelines .for the Implementation of the California Environmental Quality Act ]991). All impacts to cultural resources have been mitigated to a less than significant level, and the issuance of the proposed CLIP would not change that conclusion. Therefore, no new or increased levels of impact to cultural resources beyond those identified in EIR 95-01 would result from issuance of the CUP. Geology and Soils The Final EIR determined that no significant impacts associated with ground surface rupture (faulting) or liquefaction would occur on the project site. The Final EIR proposes specific mitigation measures for ground shaking, soils, and slope stability that reduce potential impacts to a less than significant level. The applicant has complied with the mitigation measures requiring the submittal of site specific geotechnical analysis prepared by a licensed geotechnical consultant. As the area of potential effect for the proposed CUP will not change and with compliance with the Final EIR mitigation measures, impacts to geology and soils are mitigated to a less than significant level. Therefore, no new or increased levels of impact to geology and soils beyond those identified in 95-01 would result from issuance of the CLIP. Paleontological Resources The Final EIR determined that the project area contains areas of "High Sensitivity" and "Moderate Sensitivity" for paleontological resources. The Final EIR indicated that development of the SPA One project would result in massive grading over the entire project site and that significant impacts would occur to paleontological resources in the areas comprised of "High" and "Moderate" sensitivity. This grading activity has been completed and the project applicant has complied with the MMRP mitigation requirements. Since issuance of the CUP will not change the development area of Village One, no new or increased levels of impact to paleontological resources beyond those identified in E1R 95-01 would result from issuance of the CLIp. Agricultural Resources No new impacts to agricultural resources would result from the proposed CUP, since the reduction in parking would be entirely within development envelope addressed in the Final EIR. The proposed CUP would not impact any additional areas that are currently or have historically been used for agriculture. Therefore, no new or increased levels of impact to agricultural resources beyond those identified in EIR 95-01 would result from issuance of the CUP. Population and Housing The proposed CUP would not change the overall residential unit counts or density from what was analyzed in Final EIR 95-01. Therefore, no new or increased levels of impact to population and housing beyond those identified in EIR 95-01 would result from issuance of the CLIP. City of Chula Vista 6 Addendum to Final EIR SPA One Village One Amendment 10/25/01 Water Resources and Water Quality The proposed CUP would not result in any additional demand for water over what was analyzed in ' the Final EIR, since the land uses proposed under the amended plan would not change. Additionally, thc total amount of urban area would not be changed, and the amount of impervious surfaces represented by the CUP would not substantially change from that analyzed in the Final EIR. Therefore, no new or increased levels of impact to water resources and water quality beyond those identified in EIR 95-01 would result from issuance of the CUP. ransportat~on, C~rculation and Access A Technical Memorandum was prepared by URS/BRW on March 5, 2001 (Parking Study) to assess the potential impact to parking that would result from the reduced parking requirements of the CUP. The study considered the mixed use character of the project area, the proximity of the site to transit facilities, and the fact that the project involves senior and affordable housing which is generally considered to create less parking demand than standard multi-family residential. Reduced parking standards for such uses are recognized by the Institute of Traffic Engineers, and by the cities of San Diego, Coronado and El Cajon. The City of Chula Vista also considers such parking reductions on a case-by-case basis. The study further states that a major bus stop and future trolley station will be located adjacent to the project site. The conclusion of the study, based on these factors, was that the 501 parking spaces proposed under the CUP would be adequate to meet the needs of proposed land uses. The reduction in parking space requirement in the Village One village core from 640 spaces to 501 spaces would not adversely impact parking conditions for the project, and therefore would not result in any new or intensified significant impacts beyond those analyzed in EIR 95-01. Air Quality The area has been cleared and mass graded for the approved SPA One Plan and the proposed CUP proposing reduced parking standards would not result in any substantial difference in air emissions from what was assumed in the impact analysis in EIR 95-01. Therefore, no new or increased levels of impact to air quality beyond those identified in EIR 95-01 would result from issuance of the CUP. Noise The proposed reduction in parking standards for the village core that are proposed by the CUP would not change any of the land use or traffic assumptions from E1R 95-01. As a result, no new impacts to noise, or intensification of any identified impacts from EIR 95-01 are anticipated to occur with the proposed CUP. Public Services and Utilities The proposed CUP affects only the provision of parking and would not change the quantity or configuration of any of the land uses approved for SPA One. Therefore, no new impacts or CiO: of Chula Vista SPA One Village One Amendment 7 Addendum to Final EIR 10/2.5/01 intensified impacts to water, sewerage, schools, parks, law enforcement/fire/EMS, animal control, civic facilities, library, or integrated waste management would result from implementation of the CUP. HazardsfRisk of Upset The proposed CUP would not result in a change in the type or character of land uses that would cause any hazards to human health or safety or to the environment. Therefore, no new or increased levels of impact related to hazards or risks beyond those identified in EIR 95-01 would result from issuance of the CUP. 8.0 CONCLUSION This document has identified all changed cimumstances and ~otentially significant new information since certification of E1R 95-01, and memorializes in detail the City's reasoned conclusion that none of these changes create the conditions requiring the preparation of a Subsequent or Supplemental EIR pursuant to CEQA Guidelines, Sections 15162 and l 5163. Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that approval and implementation of the CUP will result in only minor technical changes or additions which are necessary to make the Final Second-Tier EIR 95-01 for the project adequate under CEQA. M~rilyn4~. F. Ponseggi, Da~e - ! Environmental Review Coordinator REFERENCES Otay Ranch Sectional Planning Area One Plan and Annexation Final Second-Tier Environmental Impact Report (EIR-95-01), April 1996 J:~Planning~aMARILYI~OTAYRANC~VilIage One Addendum 10-25.doc City of Chula Vista 8 Addendum to Final EIR SPA One Village One Amendment 10/25/01 COUNCIL AGENDA STATEMENT Item I~ Meeting Date: 11/20/01 ITEM TITLE: Report Concerning the Formation of a Committee to Review the Provisions of the Municipal Code relating to Campaign Contributions Ordinance Amending Section 2.52.165 of the Chula Vista Municipal Code relating to Campaign Contributions SUBMITTED BY: City Attorney ~)T~ (4/5ths Vote: Yes No X) At the October 23, 200I City Council meeting, the City Council referred several issues relating to the City's Campaign Ordinance to the City Attorney with direction to return at a later date. The City Attorney was requested to develop language to resolve certain difficulties with the provisions of Section 2.52.165 relating to disqualification and disclosure and to return with a recommendation concerning the formation ora committee to look at the entire campaign ordinance. RECOMMENDATION: It is recommended that the City Council take the fbllowing actions 1. That the City Council place the amended ordinance on first reading. 2. That the City Attorney be given direction to return to the City Council with a revised campaign ordinance based on the San Diego County Election Campaign Finance and Control Commission's Ordinance, modified for use in the City of Chuta Vista and reviewed by an ad hoc committee composed of a member of the Charter Review Commission, the Ethics Commission and a former member of the City Council, selected by the City Council. Page 2, Item: Meeting Date: 11/20/01 DISCUSSION: The idea of reviewing the City's campaign contribution ordinance is timely. Earlier this year District Attorney Paul Pfingst proposed a commission be created to perform a review of San Diego County's Election Campaign Finance and Control Ordinance. A nine member San Diego Election Campaign Finance and Control Commission chaired by John W. Witt, former San Diego City Attorney and including Councilmember Mary Salas Salas was appointed by the Board of Supervisors and produced a model ordinance. By letter dated August 21, 2001, Bill Horn, Chairman of the San Diego County Board of Supervisors invited cities in San Diego County to review the model ordinance and to use it as a tool in drafting local ordinances. Supervisor Horn's letter, the Commission's report and the model ordinance are attached to this report. While this office has never officially opined on the constitutionality of various provisions of the City's campaign contributions, we do support a complete review of its provisions at this time. In additions to several changes in the law of campaign finance that have occurred since the ordinance's adoption, previous experience indicates significant problems with the ordinance's enforcement provisions. Specifically, the current ordinance forbids the City Attorney from playing an active role in enforcing or prosecuting the ordinance and places this responsibility initially on the District Attorney and then the Attorney General. Only after each has declined to prosecute is the City Attorney authorized to search for an independent attorney to assume the role of the enforcement agency. This process has not worked well in the past as the necessary review by both the District Attorney and Attorney General (looking for state code violations) has resulted in delays. By the time the issue is returned to the City Attorney, the statute of limitations has been adversely affected and in some cases the issue became moot in the process. initially, we believe that Section 2.52.165 ought to be repealed as it suffers from several legal defects. The most obvious is that the section is overbroad, in that it can be interpreted to disqualify a councilmember from voting on an issue because of the undiscovered contributions of an agent of a participant to a proceeding. It also should be noted that the model ordinance does not contain a sinfilar provision. The prepared ordinance Page 3, Item: Meeting Date: 11/20/01 amendment preserves the disclosure requirements of the section and repeals the disqualification requirement. Although the Commission produced a model ordinance, there is still a need to draft an ordinance that meets the specific needs of the City of Chula Vista. It is, therefore, recommended that the City Council authorize the City Attorney to work with an ad hoc committee composed of a former member of the City Council, appointed by the City Council, a member of the Ethics Commission selected by the Ethics Commission and a member of the Charter Review Commission selected by the Charter Review Commission. The ad hoc committee can review the City's current ordinance, the Commission's model ordinance and draft a proposed ordinance for the City Council's review and adoption. FISCAL IMPACT: None Attachment 1: Supervisor Horn's letter Attachment 2: Commission's Report Attachment 3: Model Ordinance San Diego Co~ Board of ~upe~or~ August 21, 2001 Ihe Honorable ~ey Ho~ Mayor Ci~ of Chula Vista P.O. Box 1087 Chula Vista, CA 91910 The San Diego Coun~ Board of Supervisors requests that you be info,ed of recent updates to the County's Election Campaign Finance ~d Control Ordin~ce. District A~omey, Paul Pfingst, proposed a co~ission be created, earlier tbs ye~, to perfo~ a thorough review of this Ordin~ce. The co~ission's review included cmpaign contributions, use oflo~s in campaigns, the extensive use of mass media, emergence of the intemet, increases in independent expenditures and political action commi~ees. Jo~ Wi~, former San Diego City A~omey, acted as chai~erson to the Campaign Finance Refo~ Co~ission. Joining him were: April Boling, treasurer for local propositions ~d candidates Ze~el, Gwinn, and E~in; Hon. Mary Salas, Chula Vista City Co~ciI; Hon. Lori Holt-Pfeiler, Mayor, Escondido; Diane Kemp, ~ndraiser for Dede Alpe~% Sus~ Davis, ~d Barb~a Boxer; Dr. Robert C. Fellmeth, Public Interest Law, University of S~ Diego School of Law; William Lynch, Businessman; S~ Hardage, Owner of Woodfin Suites Hotels ~d foyer political patxy chair; and Karen Gill and Jo~ie StOl, Past-presidents, League of Women ~oters. Their review included several public he~ings, as well as considehng a broad r~ge of refo~s to bring the ordin~ce into confo~ity with the Fair Political Pkactices Commission Regulations, California Elections ~d Gove~ent Codes ~d provisions of Proposition 34. This included a fresh look at contribution limits, duties of the Registr~ of Voters, the Enforcement Authority, candidates and cmpaign ~easurers. ~e Co~ssion approached its task with an eye toxvard removing conflicting definitions, deleting provisions ~at were adequately regulated by state law, and ha~onizing pm-a!Iel provisions of law to benefit c~didates, campaigns, enforcement, and public underst~ding of the Ordin~ce. 1GO0 p,ICIIrlC tlI(;llX, V;Iy, ROOM 3,35, ,"S:IN I)IEGO, CAL1FORNI:~, 92101-2470 ~ ((5 l 9) 5:11 5,~5.~ · I":~X ((519) (383-2555 * ~ [~;ill-Hotu~@co.san-diego.ca.us The Campaign Ordinances of your city was considered in developing a new model that can easily be adapted to the needs of your city, while fully complying with state law. We believe this effort should simplify the record-keeping duties and reporting requirements for local campaign committees and candidates, and also encourage greater public participation in races for public office. We invite you and your council to take this opportunity to conduct a review or your city ordinance to see if you can benefit from this effort to simplify the campaign contribution reporting process for those running for public office. Adoption of more uniform campaign reporting provisions will promote greater compliance and evenhanded enforcement, and will enable the public to better understand the requirements and obligations of the law. Sin~ Attachment, Election Campaign Finance and Control Ordinance BH:cg 2 ATTACHMENT 2 San Diego County Election Campaign Finance And Control Commission DATE: June 5, 2001 TO: Board of Supervisors SUBJECT: Campaign Finance and Control Commission Report Background: The San Diego County Election and Control Ordinance ("Ordinance"), originally adopted in 1977, was established to address contribution limits and other provisions to regulate election campaigns~ Although there has been considerable inflation and significant changes in political organizations, activities and campaigns since that time, only minor modifications have been made to the Ordinance. On June 20, 2000 your Board approved a proposal from the District Attorney for a commission to be created to review the Ordinance. Because of the passage of time since its adoption, the District Attorney recommended a thorough review of the Ordinance. This review would include an analysis of campaign contributions and limits on the use of loans and credit in County election campaigns to ensure they are realistic and enforceable in light of current conditions. Issues including the extensive use of mass media, emergence of the intemet, increase in independent expenditures and the number of political action committees would be reviewed as well. On June 20, 2000 your Board approved the District Attorney's recommendation to appoint former San Diego City Attorney John Witt as chairperson to the commission. Mr. Witt served as a member of a 1974 task force on this same issue, and he participated in the drafting of the original Ordinance. The resolution recommended for your Board's adoption proposes creating a nine member Commission, including Mr. Witt, serving as the chairperson. The remaining eight members would be nominated by Mr. Witt, for consideration and appointment by your Board. The eight members were to reflect qualifications that include experience and knowledge of local campaign finance issues. The eight Commission members nominated by the Chairperson and appointed by the Board were required by the resolution establishing the Commission to have the following qualifications: (1) One member shall have experience in the past three years as the campaign treasurer for a candidate for election to a City or County elective office; (2) Two members shall have served in the past three years as either a Mayor or Councilperson of a city located in the County of San Diego; (3) One member shall have professional knowledge of the role of the media in political campaigns, including, but not limited to, knowledge about campaign media costs and the interactions between the media and political campaigns. (4) Four members shall be members of the public with demonstrated expertise, knowledge, or experience in respect to campaign finance and the political process. The proposed Commission would review, analyze and recommend changes to the County's Campaign Finance Ordinance. They would be charged with recommending uniform policies for all local jurisdictions, consistent with State laws, so that candidates, officeholders and the public can expect and receive consistent treatment regardless of the local jurisdiction. This would also assist the District Attorney in his enforcement role of campaign finance matters. On September 12, 2000 your Board by resolution established the San Diego County Election Campaign Finance and Control Commission ("Commission"). The resolution establishing the Commission also provided for the Commission to review and analyze the County's Campaign Ordinance, recommend any necessary changes, and submit a report to the Board by January 31, 2001, and for the Commission to sunset on March 31, 2001. The Commission members were nominated by the Commission Chairperson, former San Diego City Attorney John Witt, and appointed by the Board on January 23, 2001. You appointed the following persons to the Commission: April Boling, Campaign treasurer for San Diego City Prop A (Convention Center), San Diego County Prop A (Contracts), and Charlene Zettel, Casey Gwinn, and Charles Ervin; Hon. Mary Salas, Chula Vista City Council; Hon. Lori Holt-Pfeiler, Mayor, Escondido; Dianne Kernan, fundraiser for candidates, including Dede AIpert, Susan Davis, and Barbara Boxer; Robed C. Fellmeth, Price Professor of Public Interest Law, University of San Diego School of Law; William Lynch, Businessman and early childhood literacy advocate; Sam Hardage, Owner of Woodfin Suites Hotels and former political party chair; and Karen Gill, President, League of Women Voters. On January 23, 2001 you extended the date for completion of the specified Commission tasks to June 30, 2001, and extended the sunset date to August 30, 2001. One of the members of the Commission, Karen Gill, President of the League of Women Voters, resigned from the Commission on April 6, 2001. Chairperson Witt nominated Jonnie Stahl of the League of Women Voters to be appointed to the Commission in place of Ms. Gill. On May 1, 2001 you appointed Jonnie Stahl to the Commission. Report: The Commission held public hearings on February 8, February 20, March 5, March 22, April 17, May 1, and June 5. The Commission took public testimony and provided information to the press as requested. Commissioners considered a broad range of reforms to the Ordinance. Those included technical amendments to bring the Ordinance into conformity with the Fair Political Practices Commission Regulations, California Elections and Government Codes and with the provisions of Proposition 34. It also included a fresh look at contribution limits, duties of the Registrar of Voters, the Enforcement Authority, candidates and campaign treasurers, and a range of technical issues. At the time of the adoption of the Ordinance in 1977 there was little regulation in state or local law in regards to campaign financing and control of candidates or campaign committees. In the ensuing years there has been a wealth of state legislation, initiatives, Fair Political Practices Commission Regulations, and case law interpretations. As a result there were many requirements placed on local candidates and their committees that were burdensome, inconsistent, and often duplicative. The Commission approached its task with an eye toward removing conflicting definitions, deleting provisions that were adequately regulated by state law, and harmonizing parallel provisions of law to benefit candidates, campaigns, enforcement, and public understanding of the Ordinance. The Commission considered the Campaign Ordinances of all of the cities in the County and proposes to offer Appendix B as a model that can easily be adapted to the needs of each city and adopted by them as they see fit. By adopting this model there would be a substantial opportunity for cities to update many outdated provisions and, at the same time, simplify the record-keeping duties and reporting requirements for committees and candidates. Cities are free to modify the contribution and loan limits to local preferences while adopting the many common definitions and other provisions of state law that we have found preferable. The Commission reviewed a large body of literature dealing with campaign law. This included local city ordinances, Law Review commentaries, campaign reform literature, Fair Political Practice., Commission Regulations, laws from other states and cities, Federal Election Commission materials, and enforcement materials. The Commission also discussed the issues of public financing of elections and reviewed the public financing policies of the cities of New York and Los Angeles. Some Commission members believe that public financing should be explored more comprehensively, but the entire Commission determined that such a review was outside the scope of our task. Therefore, no action was taken regarding the issues of public financing. In the end the Commission made every effort to simplify the Ordinance, to conform to state law and to modernize the contribution and loan provisions. The explanation for each recommended amendment to the Ordinance is contained in Appendix A which shows the Ordinance, the proposed amendments and additions, and the reasons for them. Appendix B is the recommendation for the proposed new Ordinance. Appendix C is the minority report. It is probable ,that additions and revisions to this ordinance will be periodically required by your Board of Supervisors as Proposition 34 and this ordinance are implemented and interpreted in the future. We recommend that the County ordinance be reviewed again within the next 2 years to address issues not anticipated at the time of this report. Respectfully submitted, John W. Witt, Chair 550 West C Street, 19th floor San Diego, CA 92101 (619) 236-1201 Encl: Appendix A Appendix B Appendix C ATTACHMENT 3 ORDINANCE NO. (NEW SERIES) AN ORDINANCE AMENDING CHAPTER 9 OF DIVISION 2 OF TITLE 3 (COMMENCING WITH SECTION 32.901) OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO ELECTION CAMPAIGN FINANCE AND CONTROL The Board of Supervisors of the County of San Diego do ordain as follo~vs: Section I. Chapter 9 of division 2 of title 3 (commencing with section 32.901) of the San Diego County. Code of Regulatory Ordinances is hereby amended to read as follows: CHAPTER 9. ELECTION CAMPAIGN FINANCE AND CONTROL A. GENERAL PROVISIONS SEC. 32.901. PURPOSE AND INTENT. Inherent in the high cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. It is the purpose and intent of the Board of Supervisors of the County of San Diego in enacting this chapter: a) to preserve an orderly political forum in which individuals may express themselves effectively; to place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in county elections; b) to prohibit contributions by organizations in order to develop a broader base of political efficacy within the community; c) to limit the use of loans and credit in the financing of county election campaigns; d) to provide full and fair enforcement of all the provisions of this chapter, and e) to encourage the public to participate as candidates in elections by simplifying the local regulations as much as possible in matters adequately regulated by state law. SEC. 32.902. CITATION. This division shall be cited as the San Diego County Election Campaign Finance and Control Ordinance. /: !0 B. DEFINITIONS SEC. 32.903 "GENERAL RULE". The terms and ptu:ases in this chapter shall be defined as those terms and phrases are defined in the Political Reform Act of 1974, as amended, (Government Code, section 81000 et seq.) unless otherwise specified in this chapter. SEC. 32.904. "BROADCAST STATION". Whenever used in this chapter, the term "Broadcast Station" shall mean a person xvho engages in the dissemination of radio communication as defined in the Federal Communicatious Act of 1934. "Broadcast station" includes each cable television system franchised or otherxvise licensed by the County of San Diego or any city within the County of San Diego. SEC. 32.905. "CANDIDATE". Whenever used in this chapter, the term "candidate" shall mean an individual who is listed on the ballot, who has qualified to have write-in votes on his behalf counted by election officials, or who has begun to circulate nominating petitions or authorized others to circulate nominating petitions in his behalf, for nomination for or election to any elective County' office, or who receives a contribution or makes an expenditure or gives his consent for any other person to receive a contribution or make an expenditure with a view to bringing about his nomination or election to any elective County office, whether or not the specific elective office for which he will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not he has announced his candidacy or filed a declaration of candidacy at such time. "Candidate" also includes any holder of an elective County office who is the subject of a recall election. "Candidate" does not include any person xvithin the meaning of Section 30 l(b) of the Federal Election Campaign Act of I971. An individual xvho becomes a candidate shall retain his or her status as a candidate until such time as that status is terminated pursuant to Government Code Section 842 I4. SEC. 32.909. "COUNTY ELECTION". Whenever used in this chapter, the term "County election" shall mean any primary, general, or special election, including a recall election, held within the County of San Diego for elective County office or on a County measure. Each primary, general or special election is a separate election for purposes of this chapter. SEC. 32.910. "COUNTY MEASURE". Whenever used in this chapter, the term "County measure" shall mean: (1) Any proposed County charter, any proposed amendment to the County Charter, any proposition for the issuance of funding or refunding bonds of the County, any other question or proposition submitted to the voters of the County at any election held throughout the entire County. (2) "County measure" includes an), measure under subdivision (1) of this subsection which is snbmitted to a popular vote at an election by action of the Board of Supervisors, or which is submitted or is intended to be submitted to a popular vote at an election by initiative, referendum, or recall procedure, whether or not it qualifies for the ballot. SEC. 32.911. "ELECTIVE COUNTY OFFICE". Whenever used in this chapter, the term "Elective County Office" shall mean: Member of the Board of Supervisors; Assessor-Recorder-County Clerk; District Attorney; Sheriff; Treasurer-Tax Collector or member of the Couuty Board of Education. SEC. 32.912. "ENFORCEMENT AUTHORITY". Whenever used in this chapter, the term "enforcement authority" shall mean the District Attorney of the County of San Diego. Nothing in this chapter shall be construed as limiting the authority of any law enforcement agency or prosecuting attorney to enforce the provisions of this chapter under any circumstances ~vhere such law enforcement agency or prosecuting attorney otherwise has lawful authority to do so. C. CAMPAIGN TREASURER SEC. 32.917. CAMPAIGN CONTRIBUTION CHECKING ACCOUNT. The campaign account required by Government Code section 85201(a) shall be established at a financial institution located in San Diego County. D. CAMPAIGN STATEMENTS SEC. 32.922. CAMPAIGN STATEMENTS. Each candidate and committee shall file campaign statements in the time and manner required by the Political Reform Act of 1974 as amended (Government Code Sections 84100 et seq.). Compliance with the requirements of that act shall be deemed to be compliance with this section. 3 E. CAMPAIGN CONTRIBUTIONS SEC. 32.923. CAMPAIGN CONTRIBUTIONS -- LIMITATIONS. Sec. 32.923. CAMPAIGN CONTRIBUTIONS - LIMITATIONS. (a) No person other than a candidate shall make, and no campaign treasurer shall solicit or accept, any contribution which will cause the total amount contributed by such person with respect to a single election in support of or opposition to such candidate, including contributions to all committees supporting or opposing such candidate, to exceed five hundred dollars ($500). (b) The terms of this section are applicable to any contributions made to ~ candidate or committee hereunder, whether used by such candidate or committee to finance a current campaign, to pay deficits incurred in prior campaigns, or otherwise. (c) If any person is found guilty of violating the terms of this section, the amount of funds received constituting such violation shall be paid by the candidate or committee treasurer who received such funds to the County Treasurer for deposit in the General Fund of the County. (d) The dollar limitations set forth in subdivisions (a) and (b) of this section shall be considered by the Board of Supervisors during January 2005. SEC. 32.923.5. ELECTIONS TO WHICH CONTRIBUTIONS ARE APPLICABLE. (a) A candidate fur County elective office may raise contributions for a general election prior to the primary election tbr the same elective office if the candidate sets aside these contributions and uses these contributions for the general election. If the candidate for County elective office is defeated in the primary election or otherxvise withdraxvs from the general election, the generaI election funds shall be refunded to the contributors on a pro.rata basis less any expenses associated xvith the raising and administration of general election contributions. (b) A contribution for an election may be accepted by a candidate for elective County office after the date of the election only tO the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election. (c) A candidate for County elective office may carry over contributions raised in connection with one election for elective County office to pay campaign expenditures incurred in connection with a subsequent election for the same elective County office. 4 (d) Ifa candidate has a surplus of contributions over expenses after a primary County election and will be in a runoff for the elective County office, the candidate need not allocate that surplus among contributors to the primary election, and may solicit from and receive contributions from contributors ~vho donated before the primary election up to the contribution limit without reference to the contribution made before the primary. (e) Contributious made for primary and general elections for the same office shall be identified and allocated to either the primary or general or both at the direction of the candidate. SEC. 32.924. ORGANIZATIONAL CONTRIBUTIONS. (a) No person, other than an individual or a professional corporation that includes only one individual, shall make a contribution to any candidate or committee; provided, however, that this section shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the qualificatiou for the ballot or adoption of one or more County measures. If the contribution is made by a professional corporation that includes only one individual, that individual shall not make any contribution in that person's individual capacity ~vhich, if combined with the contributions made as a professional corporation, would exceed the individual contribution limit as set forth in section 32.923. (b) No officer, employee, agent or aixomey or other representative ora person covered by this division shall aid, abet, advise or participate in a violation of this section. (c) No persou shall knowingly accept a payment or contribution made in violation of this sec/ion. (d) If a campaign treasurer is offered a contribution which xvould be in excess of the limitation, the treasurer must refuse the contribution. If, however, a contribution which is io violation of this section is deposited into the campaign trust account, he shall report in writing xvithin five (5) days of the receipt of the contribution to the Enforcement Authority the facts surrounding such payment or contribution. SEC. 32.925 COSTS OF INTERNAL COMMUNICATIONS For purpose of this ordinance, contributions for and payments for communications to members, employees, shareholders, or families of members, employees, or shareholders of an organization for the purpose of supporting or opposing a candidate or a ballot measure are not exempted from any reporting requirement regardless of the means of communication. This provision is intended to require full reporting of Contributions and expenditures which would other~vise be exempted by Government Code section 85312. 5 SEC. 32.926 EXTENSIONS OF CREDIT; CANDIDATE'S LOANS TO CAMPAIGN (a) The provisions of this section regarding loans apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lender's regular course of business on terms available to members of the general public for which the candidate is personally liable. (b) A candidate for elective County office may not personally loan to his or her campaign an amount, the outstanding balance of which exceeds one hundred thousand dollars ($ 100,000). A candidate may not charge interest on any loan he or she made to his or'.her campaign F. CAMPAIGN EXPENDITURES SEC. 32.927. EXPENDITURE OR CONTRIBUTION IN EXCESS OF $25,000. No candidate shall expend or contribute more than $25,000 in personal funds in connection with his or her primary, recall, special or general election campaign unless and' until the following conditions are met: (I) Written notice of the candidate's intent to so expend or contribute in excess of $25,000 shall be provided at least 21 days in advance of the election to the Registrar of Votes, the District Attorney and all opponent candidates. The notice shall be delivered personally or sent by registered mail and shall specie.' the amount intended to be expended or contributed; and (2) All personal funds to be expended or contributed by the candidates shall first be deposited in the candidate's canrpaign contribution checking account at least 21 days before the election, and the candidate shall in writing notify, opponent candidates within 24 hours of the total amount so deposited. The notice shall be delivered personally or sent by registered mail or by electronic mail to the opponent candidates if they have designated an official electronic mail site and have notified ali oppone, nt candidates and the Registrar of Voters of the address. If sent by mail, the notice to opponent candidates shall be sent to the last known address of the opponent candidates as shown in the records of the Registrar of Voters. Each opponent of any candidate who has complied with the above conditions shall be permitted to solicit and receive, and contributors to each such opponent may make, 6 con~tributions in excess of the limits established in subdivision (a) of Section 32.923 of the County Code until such opponent has raised contributions in amounts above such limits equal to the amount of personal funds deposited by the candidate in his or her campaign contribution checking account. SEC. 32.928. ADVERTISING RATES: SERVICE FEES AND CHARGES. To the extent that any person sells space in any newspaper or magazine or sells time on a broadcast station to a candidate or committee or performs other services in connection with the campaign of the candidate or for or against the measure, the charges made for the use of such space or time shall not exceed the charges normally made for comparable use of such space or time by other users thereol: SEC. 32.929. SUPPLIERS OF GOODS AND SERVICES-- DISCLOSURE OF RECORDS REQUIRED. No person who supplies goods or services or both goods and services to a candidate or committee for use in connection with the campaign of the candidate or for or against the measure shall refuse 'knowingly to divulge or disclose to the Enforcement Authority his record of any expenditures made by the candidate or commitlee in payment for such goods or services of both. G. OFFICIAL DUTIES SEC. 32.930. DUTIES OF REGISTRAR OF VOTERS. In addition to other duties required of him under the terms of this chapter, the Registrar of Voters of the County shall: (a) Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission. These forms and manuals shall be furnished to all candidates and committees, and to all other person required to report. (b) Determine whether required documents have been filed and, if,.so, xvhether they conform on their face with the requirements of state law. (c) Notify promptly all person and known committees who have failed to file a document in the form and at the time required by state law. (d) Report apparent violations of this chapter and applicable state law to the Enforcement Authority. 7 (e) Compile and maintain a current list of all statements or parts of statements filed with his office pertaining to each candidate and each measure. (f) Cooperate with the Enforcement Authority in the performance of the duties of the Enforcement Authority as prescribed in this chapter and applicable state Iaxvs. SEC. 32.93t. ENFORCEMENT AUTHORITY -- DUTIES, COMPLAINTS, LEGAL ACTION, INVESTIGATORY POWERS. (a) The Enforcement Authority shall enforce the provisions of this chapter. (b) Any person who believes that a violation of any portion of this chapter has occurred may file a complaint with the Enforcement Authority. If the Enforcement Authority determines that there is reason to believe a violation of this chapter has occurred, it shail make an investigation. Whenever the Enforcement Authority has reason to believe a willful violation of this chapter has occurred or is about to occur, it may institute such legal action at such time as it deems necessary to prevent further violations. (c) The Enforcement Authority shall have such investigative powers as are necessary for the performance of the duties prescribed in this chapter and may demand and be furnished records of campaign contributions and expenses at any time. (d) The Enibrcement Authority shall determine whether required statements and declarations have been filed as required and, if so, whether they conform with the requirements of this chapter. H, PENALTIES, VIOLATIONS AND CONSTRUCTION SEC. 32.932. PENALTIES. Any person who knowingly or willfully violates any provisions of this chapter is guilty of a misdemeanor. In addition to any other penalty provided by law, any willful or knoxving failure to report contributions, done with intent to mislead or deceive; shall be punishable by a fine of not less than five hundred dollars ($500). SEC. 32.934. RULES OF CONSTRUCTION. This chapter shall be construed liberally in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any officer in any procedure taken under this chapter which does not directly affect the jurisdiction of the County to control campaign contributions and expenditures shall avoid the effect of this chapter. SEC. 32.935. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, if fbr any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons. The Board of Supervisors hereby declares that it would have adopted this chapter, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person, be declared invalid or unconstitutional. ah:Chapter 9 original doc 9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA kMENDING SECTION 2 . 52 . 165 OF THE CHULA VISTA MUNICI PAI~ CODE RELATING TO CAMPAIGN CONTRIBUTIONS SECTION I: That Section 2.52.165 of the Chula Vista Municipal code is hereby amended: A. Disc!esnre of Contribntien - Limit. --"a ~ ..... din officers or a~ents of =~ organ!zat!cn party ..... shall disclose that fact en the record of the preceedin9. B. Disqua!ificatien Limit. making, or ~= =~y way =~=~ ~ ..... h~ ~ h~r official iti ' ding ................... , perT. , or ..................... for us.a ~h=~ ,~ is described '~h ~ decision, as ...... ~ ..... w~ ...... = ..... public ~ When a ceunci!mem~er runs for reelection, the samu ~c!osure and disqualification requirements set forth in her current term of office for contributions received ~ar~ his or her ree!ection~ D~. Parties and participants to a proceeding before the City Council involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than $1,000 in the aggregate, made at any time during the prior four years by the party, participant, their agents, or from officers or agents of an organization party or participant, to any City Council Member. ~ ' ~1' ~a 1~11~'~'~'%~a ~'1~ disclosure maintained or controlled or =* *~ behest consent or ............. * ~ =~ organization ..... *~ .......... not SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading and adoption. Presented by and Approved as to form by Joh~r~1~. Kaaeny ~3~3 Ci~ Attorney J: \At torney\Ordinance \ Campaign Contrib. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTION 2.52.165 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTIONS SECTION I: That Section 2.52.165 of the Chula Vista Municipal Code is hereby repealed: 2 52 1á5 DisqualificatioR aRd disclosure. A. Disclosure of ContributioR - Limit. Prior to reRderiRg any decisioR iR a proc¡¡eding iR"ol"iRg a lic¡¡Rse, permit or other' eRtitlement for use pendiRg before the city, each couRcilme!!Ù:)er "'ho recei"ed a campaign contribution during any camp~ign for office in the last four years in an amo1lnt of more than $1, ggg in the aggregate from a piirty, participant, or their agents, or officers or ag€mts of an organization party or participaRt, shall disclose that fact on the record of the proce¡¡ding. ~. Disq1lalification Limit. No such couRcilme!!Ù:)er shall make, participate in making, or in any nay attempt to 1Ise his or her official position to influence the decision in a proceeding in"ol"iRg a license, permit, or other entitlement for use pending before the city if the councilme!!Ù:)er has "'illfully or knO"'ingl", recei"ed a contribution in an amount of more than $1, ggO in the aggregate in any campaign during the last four years from a party, participant or their agents, or from officers or ageRts of an organization party or participiint; pro"ided, ho"'8"er, that the counoilmember kno"'s or ha£ re¡¡son to knm.' that th8 party, participant or other agents or officers ha"e a financial int8rest in the decision, as that term is d8scribed "'ith r8sp8ct to public officials in Article 1 (comm8ncing '.'ith !>ection g"7100) of Chapter "7 of the Qo"ernment Code. C. When a councilmemb8r rURS for reelection, the same disclosure and disqualification r8quirements s€Jt forth in s1lbsections (A) and (ß) of this section apply during his or her curr8nt term of office for contributioRs recei"€!d to"'ards his or her re€!18ction. D. Parties and participants to a proce€!ding before the City Council in"ol"in:J a licens8, p8rmit, or other €mtitlement for \J.se shall disclos8 on the r8cord of the proceeding any contribution in an amount of more than $l,ggg in the aggregate, maGI€! at any tim€! duriRg th€! prior four y€!ars by the part"" participant, their agents, or from officers or ag€!nts of an organization party or participant, to any City Council lI'!€!mber R Fer the p\J.rposes of disclosure and disqualification under subsections (ß) and (C) of this section, aggregation shall occur regardless of '~ether the contribution act~'ity of an organization's officers and agents is financed, maintaiRed or controlled or at the behest, consent or encouragement of an organization or another person or not F The pro"isions of Go"ernment CQd€! !>ection g4]gg, its implementing regulations, and the adminÜ:trati"e interpretations thereof by the FPPC shall be utilized in applying the pro"isions of this s€!ctioR SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading and adoption. Presented by and Approved as to form by Aile J, \Attorney\ordinance\Campaign Contrib. doc COUNClLAGENDASTATEMENT Item: Meeting Date: 11120101 ITEM TITLE: Resolution accepting the City Manager's certification of sole service status and approving an agreement with Highland Partnership, Inc. for the provision of services required to design and construct the new police facility and related improvements, authorizing the Mayor to execute said agreement and appropriating funds therefore SUBMITTED BY: Sid Morris, Assistant City Manager REVIEWED BY: City Manager'~? (4/5ths Vote: Yes X No _) At the July 10, 2001, joint meeting of the City Council/Redevelopment Agency, staff was authorized to begin condemnation proceedings for the property located at 362-398 "F" Street for the construction of the City's new Police Headquarters. This agenda statement provides recommendations for the award of an agreement with Highland Partnership, Inc. (HPI), directs staff to return with a long-term financing plan for approval, and requests appropriation of funds from the available fund balance of the Public Facilities Development Impact Fee Fund sufficient to cover project costs until long-term financing is obtained. RECOMMENDATION: That the City Council/Redevelopment Agency: 1. Accept the City Manager's certification of sole source status of HPI and authorize staff to enter into a sole source agreement with HPI for the construction of a new Police Headquarters and associated ancillary facilities, including, but not limited to, parking structure, cogeneration facility and on and off site improvements. 2. Amend the fiscal year 2001-02 budget by appropriating funds in the amount of $6.3 million from the available fund balance of the Public Facilities Development Impact Fee Fund, and $4.7 million from the available fund balance or the general fund for expenditures related to the early phases of construction activities. 3. Direct staff to return with a long-term financing plan to fund the balance of construction costs related to the new Police Headquarters, and possibly partially or fully reimburse interim expenditures. Page 2, Item: /"-~ Meeting Date: 11/20/01 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: On April 17, 2000, the Department of Public Works issued an RFQ for Construction Manager/Construction Services (CMC) to assist staff in value engineering, construction management and construction services coordination related to Capital Improvement Projects/City Facilities. On May 19, 2000, the City received 18 submittals in response to the RFQ and ultimately interviewed the top six firms. On June 6, 2000, the City established a construction services priority list, comprised of six consulting teams, to be used for awarding the design and/or construction of City facilities using space planning, design/bid/build and/or the CMC construction management techniques. The priority list was established for three years (or until 6/20/03). Utilization of the design/build component was subject to a City Charter amendment and the adoption and approval of a City Ordinance. The Charter amendment was approved by the voters on Mamh 7, 2000, and the Ordinance was approved October 24, 2000. Upon adoption of the ordinance, the Council certified those providers on the CMC list as pre-qualified design builders also. The first agreement approved using the priority list for the construction/remodel of the new Corporation Yard on Maxwell Road. This was a fixed fee service agreement with HPI in an amount not to exceed $1,190,331. (Resolutions 2000-245 adopted 7/18/2000, 2001-272 adopted 08/21/2001 ). The second agreement approved using the priority list was for consulting services for the preparation of a Master Plan for a new Police Headquarters and the expansion/remodel of the Civic Center complex. The contract amount was also awarded to Highland Partnership in the amount of $517,115. (Resolution 200-275 approved 8/1/2000). Under contract to HPI, RNL Design was assigned to complete the Civic Center Master Plan. McClaren, Wilson and Lawrie, also under contract with HPI, was assigned to develop the master plan for the Police Headquarters. In addition to the master plans, HPI was tasked with: · Evaluation of site alternatives for the new Police Headquarters · Development of site specific budgets · Preparation of massing studies and conceptual drawings · Development and preparation of master implementation plans for the Police Department/Civic Center suitable to allow the City to bid the design and construction of the facilities called for in each plan The Master Plan(s) were adopted at the July 17, 2001 City Council Meeting. Page 3, Item: J,~ Meeting Date: 11120/01 The Police Master Plan identified the property located at 362-398 "F" Street as the site for the new Police Headquarters. Escrow on this property closed July 30, 2001, and Pacific Relocation was hired to assist staff with the relocation of the existing tenants. Relocation is expected to be complete, and property ready for demolition, by 02/01/02. DESIGN/BUILD As the next step in this process, staff is recommending the City enter into an agreement with HPI for the design and construction of the new Police Headquarters based upon the work completed under the Police Master Plan. This will be the City's first utilization of the design/build process as a construction management technique. The design/build process includes functions that are quite different from the design/bid/build process typically used for City construction projects. Because of these differences, the following paragraphs will highlight the process to be used under design/build. The design/build process employs a single entity, either a general contractor or an architect, which provides both design and construction services. In the typical scenario, a design/build oriented general contractor provides the design and construction services. However, alternatively an architectural firm may provide the design services and hire the general contractor on a consulting basis for the construction phase. In this later scenario the architectural firm will be held responsible for all aspects of the project. In the case of the new police facility, the design/build process will place sole responsibility for delivery of the project upon HPI, a general contractor which is the entity that will be responsible for all design and construction services. Highland will separately contract the design and consulting services and as a general contractor will selectively, competitively bid the trade contracts during the construction phase. Staff believes that the design/build process will provide savings in cost and time because the entire project is managed and constructed by a single entity, thereby eliminating the difficulties of dealing with multiple entities on one project. ^ primary benefit for using the design/build process will be to avoid placing the City in a position requiring award to poor or historically non-performing contractors. The design/build process will alleviate this difficulty and allows the City the fiexibility to work with the best contractors in the County. The following are other benefits of using design/build as a construction delivery method: · Quality - Because HPI is responsible for both the design and construction of the new police facility, it assumes all responsibility for every aspect of construction in the delivery of a high quality, fully/properly functioning facility. The greater responsibilities and accountabilities implicit in the design/build process serve as motivation for high quality and proper performance of building systems. The City's requirements and expectations have been documented in the program and conceptual design forwarded to the City Council on 07/24/01. Once the design development phase of the project is completed staff's expectation is that HPI will deliver a police facility that meets or exceeds the design criteria. Under the terms of the design/build contract, HPI will be responsible through the post- occupancy warranty period for the performance of the facility and its component Page 4, Item: Meeting Date: 11/20/01 parts as defined in the plans and specifications. This guarantee of performance, which HPI can now offer because it controls both design and construction, motivates HPI to assure the quality of both the design and construction in order to mitigate the risk of performance failure. Effectively, the design/build process requires HPI to accept and adopt the City's quality objectives. · Construction Cost and Value - Value engineering and constructability reviews are utilized more effectively when the designers and builders work as one body during the design process. Cost savings, however, is not a goal in itself but rather is part of the design builder's broader objective of creating value. Staff believes that HPI possesses a comprehensive knowledge of labor and material costs and an awareness of the cost relationships between the various project components. This important knowledge will allow the design build team, which will include City Staff, to maximize the project's value while reducing its overall cost. · Time Savings - Because design and construction can be done concurrently and because general contract bidding periods and re-design time are eliminated, total design and construction time can be significantly reduced. However, the concurrent processing of overlapping phases has the potential of producing cost overruns. This becomes likely in the event where changes in one phase affect subsequent phases. HPI will implement a project schedule in which the design process parallels procurement and construction. The schedule also incorporates review and approval periods by the City. · Reduced City Administration - While it is clear that the design/build process does require the City to provide prudent oversight of the design and construction phases, the administration time and effort is considerably less time-consuming. The time savings comes mainly as a result of interaction in the typical design/bid/build. In reality, however, given that this is the first design/build effort, staff has spent additional time to insure the process and contracts are properly executed. · Early Knowledge of Firm Costs - Since HPI is responsible for design and estimating of construction costs, HPI will be able to conceptualize the completed project at an early stage in design development and provide the City with a guaranteed maximum price halfway through the development of the construction drawings. This benefit permits early establishment of financing and reduced exposure to cost escalation and avoids the risk of committing substantial time and money for architectural and engineering services only to learn later that the cost of the project is prohibitive. · Risk Management - Under design/build, change orders due to errors and omissions in the construction documents are eliminated because the correction of such will be the responsibility of HPI and not the City. Under the design/bid/build process, these omissions would typically be identified as "value Page 5, Item: Meeting Date: 11/20/01 added" to the building. And, even though the change order was the result of an omission from the plans, they are considered the responsibility of the owner (City). When a change order occurs, the City will outline its needs and expect to receive different design solutions and cost proposals representing the best thinking of key team players (Engineers, Architects, specialty consultants, etc.). This methodology will enable the City to better weigh the risks and benefits of several competing proposals before committing to any single design solution. SOLE SOURCE The City's typical bidding process consists of the preparation and dissemination of an RFQ, selection of a staff committee to screen and select the most qualified firm, submittal review and screening, interviews, final selection and development of an agreement and price and submittal of staff's recommendation to Council. A project of the scope of the new Police Headquarters would require four to six months to complete this process, and is representative of the manner in which HPI was originally selected. It is recommended that the City Council accept the City Manager's certification and authorize staff to enter into an agreement with HPI for the design/construction of the new Police Headquarters. Justification for the sole source agreement is based upon the following: 1. HPI and its team has specialized knowledge based on its preparation of the Police Department Master Plan, programming, and schematic design and has demonstrated expertise in this field with the design and construction of other public safety facilities. 2. Reference checks done as part of the original selection process for the CMC list resulted in favorable reports regarding the work completed by HPI. 3. Time is of the essence regarding the completion of this facility. Space is a premium commodity in the existing Police Department building and, notwithstanding future build-out, additional square footage is needed just to meet existing space needs. 4. HPI and its team have significant history regarding the space, programming, and development needs required for the new Police Headquarters. To require an RFP for the new phase of development would be a waste of this expertise. 5. The proposed sole source agreement is consistent with the intent of the priority list established as a result of the RFQ process as approved by the City Council and from which HPI was originally selected. In order to insure that the City receives a fair price for design/build services performed by HPI, staff used the services of Allegis Development Services to review the proposed fees submitted by HPI. Under the City Manager's contracting authority, staff originally Page 6, Item: /,-~ Meeting Date: 11120/01 hired Mr. Kip Howard, President of Allegis Development Service, to assist in the review and negotiations of the contract with HPI. Subsequently, the City Council at its 11/13/01 meeting approved an additional agreement with Allegis to assist in the overall project management of the Police project. It is based on Mr. Howard's review of the proposed fees and his expertise in the design/build field, that staff has accepted the proposed fee schedule recommended by HPI. Additional comments regarding the actual construction cost/fee will be discussed later in this report. PROJECT SCOPE AND CONTRACTUAL REQUIREMENTS As proposed, the design/build Agreement with HPI will provide the City with a fully functional police facility including the headquarters, parking structure, and on and off site improvements as is more fully described in the adopted Police Department Master Plan and in the attached agreement. The cost of the Police Headquarters is based on a Guaranteed Maximum Price (GMP), and shall not exceed the amount set forth in the agreement. This price includes all soft and hard costs necessary to provide a fully completed and functional facility and includes, but is not limited to, the cost of labor, equipment and material, the design/build fixed fee (which includes fees and expenses of any type associated with the completion of the project, and will be discussed in detail later in this report and contingency fund). Any costs in excess of the GMP shall be the responsibility of HPI unless otherwise approved by the City. The GMP, which will be submitted by HPI when the construction drawings are 50% complete, may not exceed $48,727,809. The City Council previously approved a not-to-exceed project cost of $70 million. These costs include HPI's equivalent to the City's full cost recovery factor and therefore reflect more than hard construction cost. Also included are overhead, general conditions and fees/profit. Based on a more complete construction estimate and for the purposes of the agreement with HPI, the following details the proposed GMP: Building/Parking Structure Construction $26,346,878 Garage 6,250,000 Contingency 1,680,000 Design Builder Fixed Fee 8,665,931 Design Builder Reimbursables 2,285,000 Off Site Improvements 3,500,000 SUBTOTAL $48,727,809 Page 7, Item: Meeting Date: 11/20/01 The balance of funds, $14,272,191, is controlled by the city and categorized as follows: Construction Inspection/Staff Reimbursement $ 3,250,000 Building Permits, Fees, Capacity Charges and Utility fees allowance 200,000 Furniture, Fixtures and Equipment 1,635,000 Communications Equipment Relocation 327,000 Other Equipment and Services - Relocation 250,000 City Contingency 1,610,191 Co-Generation/Alternative fuel options 7,000,000 $14,272,191 SUBTOTAL $63,000,000 Site Acquisition 7,000,000 TOTAL $70,000,000 Council will note that two contingency funds exist. A construction contingency, which HPI will use to address change orders submitted by its subcontractors, and which require staff approval, and an owner's (City's) contingency. The owners contingency is used by the City when requesting design changes not contemplated in the approved design. The contractor's contingency is estimated at approximately 5% of the project costs, the City's contingency is 2.5% of the total project costs (which is the industry formula). Industry standards for an owner's contingency-range from 1-3% and for design/builder at 3-5%. All unused contingency funds are returned to the City at project completion. CHANGE ORDERS Under the design/build process change orders are handled differently than under the design/bid/build process. Change orders are only returned for Council approval if they exceed the approved GMP, or are for additional work requested by City which results in a significant change of the original scope. Otherwise, change orders are reviewed/approved at the staff/design/build level. This practice is commonplace when using the design/build construction technique. An example of a change in the scope of work could be unanticipated subsurface conditions causing substantial additional work by HPI that was not anticipated in the original agreement. Although, a soils report was completed on the property, which included numerous soils samples and borings, it is difficult to fully indentify all subsurface conditions/problems until the excavation phase. This same issue was prominent in the soils work at the Corporation Yard. Even though numerous soils samples were taken, that project still encountered unstable soil not identified in the original reports and which added approximately $1.5 million to the cost of the project. Page 8, Item: /~ Meeting Date: 11/20/01 Therefore, depending on the significance of problematic discoveries on the police site, staff may be required to process a change order due to a change in scope of work. This is not to say that change orders will only receive cursory review. Each will be reviewed and scrutinized by staff and the City's owner's representative. The review process will be similar to that used for the construction of the new Corporation Yard. City staff and the owner's representative will scrutinize each line item of the change order request and determine its consistency with the approved plans, specifications and contract documents. If the requested change order is already addressed by those documents, it will be rejected. If not, and it is found to have merit, itemized costs will be compared to bid line item unit costs, an industry standard "means and methods" cost analysis (i.e., it is within the normal range of practices, methodology and cost to achieve the change order), and comparative bid proposals from like contractors. In addition, particular attention will be paid to capturing any "credits" that may be covered by the original scope of work and that will not be completed as a result of the change order. Ultimately, the change order becomes a negotiated price reflecting the above actions. COMPTETITIVE BIDDING REQUIREMENTS To ensure a fair price, HPI, its subsidiaries, related entities and professional consultants will not perform any construction work unless specific authorization is received from the City after the completion of a selective (from a list of pre-qualified, responsive consultants/contractors) competitive bid process. As an additional check and balance, the City may employ the services of a construction estimator to review the construction estimates prepared by HPI for the new Police Headquarters. Because the consultant selection process has been waived, it is staff's intent that the estimator and formal, selective bidding process will help insure the City a fair price. CONTRACT TERMINATION The proposed contract enables the City to terminate its agreement with HPI for a variety of reasons, including, but not limited to: I. Cause: Termination failure of the design/builder to fulfill in a timely and proper manner its obligations under the agreement. If this were to occur and the design/builder did not "cure" the problem, the City has the right to: · Take possession of all work, documents, data, plans .... finished or unfinished · Complete the project by whatever method or means the City may select · If the cost to complete the project exceeds the funds left in the project at the point of termination for cause, the design/builder shall pay the excess amount to the City. Page 9, Item: Meeting Date: 11/20/01 II. Convenience: Termination for any reason, at any time, by giving specific written notice to the design/builder of at least seven days prior to the date of termination. If this were to occur all finished and unfinished work, documents or other materials shall become the property of the City. In addition, the design/builder shall take any action necessary to protect the project and site and or as required by the City. In a Termination for Convenience the design/builder may be reimbursed a fee proportional to the percentage of work "satisfactorily" completed. It is important that Council note that reimbursement to HPI may include work to be completed under Phases IV - Construction Administration and/or V - Off Site Improvements. As was noted earlier in this agenda statement, the agreement with HPI allows for "concurrent planning and construction" activities. Again, this means that under the terms of the agreement, and to help expedite the project's completion, HPI may be completing final design which is a component of Phase III Construction Drawings and at the same time have begun work under Phase IV Construction Administration. Specifically, the proposed schedule provides for site demolition and preparation to be completed concurrently with Phase III - Construction Drawings. If termination were to occur, HPI would be eligible for reimbursement for work satisfactorily completed under Phase IV. Staff considers this to be a reasonable risk because of the expedited construction schedule and space needs requirements of the Police Department. The following section outlines the project phasing for Council: PROJECT PHASING The contractual requirements of the City's design/builder are broken into five phases: I. SCHEMATIC DESIGN · Review of City's basis of design, master plan and other documents as appropriate to identify project requirements. The "Basis of Design" document describes the materials type and quality that will be installed in the facility. This document will continue to be refined through the design phases with a primary objective of not exceeding the project budget. Staff will submit the final "Basis of Design for Council's approval before the construction drawings are finalized. A copy of the current "Basis of Design" is Attachment 4 to the Agreement available for Council review. · Prepare schematic design documents (SDD) that include, but are not limited to: Page 10, Item: Meeting Date: 11/20/01 o Detailed Site Plans o Detailed floor plans, structural spacing with grids, overall dimensions and area calculations o Roof plans, site sections and grade profiles o Exterior elevations o Outline specifications o Delivery of a massing model, 3D imaging and color and material boards I1. DESIGN DEVELOPMENT Preparation of complete design development documents (DDD) includes similar, but more detailed, refinement of the subcomponents described above. As details and additional site information are discovered or developed, the original schematics are revised to reflect that information. For example, site plans will include detailed notes regarding issues affecting public access, adjacent buildings, fences, landscaping, etc. Roof plans will include specific dimensions, mechanical equipment locations, materials, etc. II1. CONSTRUCTION DRAWINGS This phase represents the third formal refinement of documents to be submitted for City review and approval and reflects the first formal submittal of "100% Construction Documents". HPI does not work in a vacuum during the individual phases, but rather, has regular meetings to discuss issues including staff, subcontractors, specialty contractors and consultants. In addition, the Council Police Department subcommittee will again be used as a reference point and for guidance throughout the process. In this phase, HPI will submit the final refinements to the details noted above. The documents will be of sufficient clarity and detail to show the extent and type of structural system and dimensions, final design criteria, foundation design criteria, mechanical design documents including single line layouts and spacing requirements, electrical documentation, plumbing drawings, etc. In addition, the sequence of construction is established, as well as the "Master Schedule", which identifies all of the major milestones, bid dates for major packages, commencement of construction, completion of interior and exterior elements, dates to begin installation of furniture, fixtures, and equipment (FF&E), as well as, the dates for substantial and final completion of project. It is during this phase (the point at which drawings are 50% complete) that HPI will provide the City with a final cost estimate. This will be the final refinement of the cost estimate It is also the point at which HPI is to notify the Page 11, Item: J~-'~ Meeting Date: 11/20/01 City if they reasonably believe the project will exceed the GMP. If the City approves the 50% drawings, and an agreement is reached regarding the GMP, and assuming the City successfully obtains long term financing and the Council chooses to appropriate the funds, HPI will prepare the 100% construction drawings. IV. CONSTRUCTION ADMINISTRATION During this phase, the City issues a formal Notice to Proceed subsequent to its approval of the 100% construction drawings. Upon receipt of Notice to Proceed, HPI will prepare bid packages, conduct (in consultation with City) selective competitive bidding, schedule and conduct pre bid conferences, analyze and award bids and proceed to construction. V. OFFSITE IMPROVEMENTS This phase of construction represents all of the phases noted above. Staff and HPI were not satisfied with the preliminary architectural and engineering estimates received for this component of the Police project. As a result staff separated this component of the project into a fifth phase in order to develop better detail as to the design and construction intent of the adopted master pan. The hoped for result is more acceptable architectural and engineering costs. Staff will return at a future date with a more complete program and breakdown of cost. In addition to the above, HPI will: · furnish performance and payment bonds as security for the completion of work. · procure and maintain insurance against all claims for injury to persons or property, as well as Commercial General Liability, Workers Compensation/ Employers Liability, and other insurance requirements as noted in the attached contract. · provide errors and omissions Insurance. FEES As discussed previously in this report, HPI receives a fixed fee for the management, oversight and payment of the architectural, engineering and other professional consultants utilized by HPI to fulfill its obligations under the proposed agreement. As a separate line item, HPI also receives a fixed fee for Phase IV, the construction services phase. These fees are separately identified because they involve separate services/responsibilities, thus avoiding duplication of cost and overhead by the City. For phases I-III, the agreement with HPI reflects a fixed fee in the amount of $4,648,000. With this fee, HPI covers its overhead, as well as the payment of all architects, engineers (structural, civil, mechanical), space planners, interior designers, Page 12, Item: Meeting Date: 11/20101 landscape architects, traffic and security consultants, lighting and audio/visual consultants and other professionals as appropriate. (Please see Exhibit 3 of the Agreement for a detailed description.) The phase IV fixed fee is $4,017,931. This is based on the cost of construction for the facility, reimburses HPI for its overhead during the construction phase, but does not include any of the costs reflected in Phases I-III. The Phase V- Off Site Improvements fixed fix has yet to be identified. As noted earlier, this Phase is the subject of more detail development in order to better establish costs. The fixed fee for this Phase will be identified prior to the establishment of the GMP. All payments will be made in accordance with a payment schedule which is solely based on the progress of work. The payment schedule for phase IV will be established following the completion of the design phase. As noted previously, the reasonableness of the proposed fixed fee has been recommended by Mr. Howard based upon his experience in the design/build field. In evaluating the proposed fees, Mr. Howard evaluated those design/build projects for which he has had project management oversight and compared them with HPI's proposed fee schedule. HPI's total fee for all Phases, excluding any consultant cost or general conditions, is approximately 9%. In a non design/build format, a general contractor will typically charge between 3-5% of hard construction costs for profit. There is an additional fee of .5% that the contractor typically charges for pre-construction services, which include estimating and coordination of services under typical general contractor format for pre-construction activity. As a result this brings the acceptable range, 5.5%, which represents a 3.5% premium that HPI is being paid to assume the risk inherent in the design/build format, as well as the costs associated with adherence to the specific police headquarter design/build agreement. PROJECT DEMOLITION AND COMPLETION DATES HPI has agreed and the contract reflects the following completion dates: · Demolition: February 1,2002 Site preparation for demolition will begin in January 2002 with actual demolition beginning in February. Efforts to recycle existing building materials have been fully incorporated into the demolition process. · Substantial Completion: February 14, 2004 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully occupy and utilize entire project; Page 13, Item: Meeting Date: 11/20/01 Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punch list Work. · Final Completion: May 14, 2004 PROJECT FINANCING As was noted on Page 6 of this report, the total estimated project cost is $70 million (including acquisition). As of October 31, there has been $5,671,423 appropriated for this project from the following funding sources: Redevelopment Agency, $4,786,210, Public Facilities Development Impact Fees, $756,744, and General Fund, $128,469. In addition, $1,500,000 has been appropriated for relocation services and assistance. Approximately $5.6 million had been spent from the project appropriations with another $8,388 encumbered for existing professional services contracts. The largest expenditure has been for property acquisition ($4.8 million). Approximately $477,000 has been spent for relocation services and assistance. Subtracting the funding appropriated to date of $7,171,423 and an estimated $3 million for staff costs, etc. from the total estimated project cost of $70 million, leaves approximately $60 million left to fund. It is anticipated that in the first half of the next calendar year staff will present to the Council a long-term financing plan for the remainder of the project involving the issuance of certificates of participation. Such a borrowing is similar to the one utilized to fund the corporation yard project last year. In order to accurately size the transaction, that is to avoid borrowing insufficient funds, and to minimize borrowing costs, it is important that we wait until the GMP for the design/build contract is known before proceeding. The current project schedule dictates that this will result in issuing the debt in June or July, 2002. It is estimated that additional funding above the level previously appropriated amounting to $11 million will be needed between now and the time when borrowed funds are available. These funds will be spent for schematic design, site preparation, soils testing, demolition, etc. As part of this item, staff is recommending that these funds be appropriated from the available fund balance of the Public Facilities Development Impact Fee Fund and the available fund balance in the general fund. Council has previously adopted a resolution allowing these funds to be repaid through the borrowing and staff will be analyzing the potential for a recommendation for a full or partial reimbursement when the long-term financing is brought before Council. Considering what we currently estimate as the maximum project cost remaining to be funded, $60 million, which includes full reimbursement of interim funding, a borrowing of approximately $70 million would be required. The annual debt service on the debt over a thirty-year maturity would be approximately $5 million and would tentatively be funded by Public Facility Development Impact Fees (52%) and General Fund discretionary /3 -/3 Page 14, Item: J'~ Meeting Date: 11120/01 resources (48%). These estimates will be further refined when staff returns with the financing plan and further yet by the time the actual debt is issued next Spring. FISCAL IMPACT: Approval of this item will authorize the expenditure of $6.3 million from the available fund balance in the Public Facilities Development Impact Fee Fund and $4.7 from the available fund balance in the general fund for project costs to be incurred between today and the time when borrowed funds are available pursuant to a long-term financing plan to be presented for approval in the first half of the next calendar year. When presented, the financing plan may contain a recommendation to borrow sufficient funds to either partially or fully reimburse these "interim" expenditures. Attachments:Attachment 1 - Agreements Attachment 2 - HPI Design Build Team Admin/Highland Staff Report 11-20-01.doc 11/16/2001 10:21:48 AM RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER'S CERTIFICATION OF SOLE SERVICE STATUS AND APPROVING AN AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT THE NEW POLICE FACILITY AND RELATED IMPROVEMENTS, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROPRIATING FUNDS THEREFOR WHEREAS, at the July 10, 2001 joint meeting of the City Council/Redevelopment Agency, staff was authorized to begin condemnation proceedings for the property located at 362- 398 "F" Street for the construction of the City's new Police Headquarters; and WHEREAS, pursuant to Chula Vista Municipal Code §2.57.030, the City Manager must certify the sole source status of the Design Builder and the City Manager does so certify based upon the following: 1. Highland Partnership, Inc. ("HPI") and its team has specialized knowledge based on its preparation of the Police Department Master Plan, programming, and schematic design and has demonstrated expertise in this field with the design and construction of other public safety facilities. 2. Reference checks done as part of the original selection process for the CMC list resulted in favorable reports regarding the work completed by HPI. 3. Time is of the essence regarding the completion of this facility. Space is a premiurn commodity in the existing Police Department building and an additional 60,000 sq. fl. is needed just to meet existing space needs. 4. HPI and its team have significant history regarding the space, programming, and development needs required for the new Police Headquarters. To require an RFP for the new phase of development would be a waste of this expertise. 5. The proposed sole source agreement is consistent with the intent of the priority list established as a result of the RFQ process as approved by the City Council and from which HPI was originally selected. WHEREAS, staff recommends the award of an agreement with Highland Partnership, Inc.; and WHEREAS, staff is directed to return with a long-term financing plan for approval; and WHEREAS, an appropriation of funds is needed to cover project costs until long-term financing is obtained. NOW, THEREFORE, BE tT RESOLVED that the City Council of the City of Chula Vista does hereby accept the City Manager's certification of sole service status and approve an Agreement with Highland Partnership, Inc. for the provision of services required to design and construct the Police Facility and associated ancillary facilities, including, but not limited to, parking structure, cogeneration facility and on and off site improvements, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the fiscal year 2001-02 budget is hereby amended by appropriating funds in the amount of $6.3 million from the available fund balance of the Public Facilities Development Impact Fee Fund, and $4.7 million from the available fund balance of the General Fund for expenditures related to the early phases of design and construction activities. BE IT FURTHER RESOLVED that staff is directed to return with a long-term financing plan to fund the balance of construction costs related to the new Police Headquarters, and also giving consideration to partially or fully reimbursing the General Fund Balance as appropriate. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Joh. p/'M'. Kahen'5; -//~ David D. Rowlands, Jr. City Manager Gffy Attorney J:\attomcy\~eso\ Ilighland DB DESIGN/BUILD AGREEMENT This Agreement is made and entered into this 20th day of November, 2001, by and between The City of Chula Vista (herein "City"), a municipal corporation, and Highland Partnership, Inc. ("Design Builder or D/B'). City and D/B are sometimes hereinafter referred to as Parties ("Parties"). RECITALS WHEREAS, the City of Chula Vista has experienced significant growth and is projected to reach build-out within the next twenty years; and WHEREAS, the City has determined in order to ensure quality service from City departments it is necessary to construct a new Police Headquarters Facility; and WHEREAS, on August 1, 2000, the City Council approved an agreement with Highland Partnership, Inc. to prepare a space needs program and a conceptual design for the new Police Headquarters Facility; and WHEREAS, the City conducted a competitive selection process to create a Construction Manager/Constructor/Design Builder qualified provider list; and WHEREAS, D/B successfully competed in the selection process and is deemed an approved provider of design build services to the City; and WHEREAS, the City has determined that due to the unique nature of the Police Headquarters Facility and time constraints associated with its completion, it is prudent to award this project to an approved D/B provider without further competition; and WHEREAS, the City desires to contract with a single entity for the design and construction of the new Police Headquarters, in accordance with this Agreement; and WHEREAS, Municipal Code §2.57 provides for the sole source award of a Design Build contract upon written certification by the City Manager of the sole source status of the provider; and 1 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12 doc WHEREAS, the City Manager has certified to the Council that as a result of D/B's unique performance capabilities, including its satisfactory preparation of the City of Chula Vista Police Headquarters Pre-Design (Programming) Phase, its extensive experience in the construction of police/criminal justice facilities, its extensive experience in providing design build services and its ability to complete the project within the City's time constraints, the sole source award is appropriate; and WHEREAS, the D/B has proposed to design and construct a new Police Headquarters Facility, in accordance with City of Chula Vista Police Headquarters Pre-Design (Programming) Phase ("Master Plan") and Basis of Design , and are prepared to enter into this Agreement; and WHEREAS, D/B understands and acknowledges that performance of this Agreement is subject to ongoing appropriations and City successfully obtaining long term financing; and WHEREAS, D/B understands and acknowledges that the Chula Vista City Council retains its full and sole discretion as to all future legislative actions, including whether to appropriate sufficient funds to complete this Project. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein: THE PARTIES AGREE: Section 1: General Scope of Work to Be Performed by D/B 1.1 In accordance with the terms set forth in this Agreement, D/B shall design and construct for the City: a completed and fully functional Police Headquarters Facility, which shall include the headquarters building, parking structure, and on and off-site improvements (referred to hereafter as "Project") as more fully described in the Master Plan (Exhibit 1) and Basis of Design (Exhibit 4). 1.2 The services to be provided by D/B are generally to be performed in five "Phases"; the services to be provided in each Phase are specified elsewhere in this Agreement. 1.3 The D/B shall: 1.3.1 Perform all services, work and obligations as described herein for the not to exceed Guaranteed Maximum Price ("GMP") 2 11/16/2001 9:50AM j:\attorney\agree\DesignBuiid Rev12.doc determined pursuant to Section 7.2 of this Agreement. The GMP shall not exceed the amount of Forty-Eight Million Seven Hundred Twenty-Seven Thousand Eight Hundred Nine Dollars and No Cents ($48,727,809) which shall include all Hard Construction Costs necessary to provide a fully completed and functional Project including, but not limited to, the cost for all labor, equipment, material, and the D/B Fixed Fee which includes fees and expenses of any type, including all expenses under this Agreement, associated with completing the Project, whether on-site or off-site, any reimbursable cost (as defined in §14.2), and the D/B Contingency Fund. Any costs incurred by D/B in excess of said GMP shall be the sole responsibility of the D/B unless a Change Order is approved by the City pursuant to Sections 9 and 15 of this Agreement. All funds remaining in the GMP at completion of the Project shall belong to the City. 1.3.2 Achieve "Substantial Completion" (as defined in §17.1) no later than 817 calendar days from issuance of Notice to Proceed, and "Final Completion" (as defined in §17.2) no later than 907 calendar days from issuance of Notice to Proceed. Section 2: General Obligations of City 2.1 City shall be obligated as follows: 2.1.'1 Designate a representative (or representatives) who is authorized to act on behalf of City with respect to the Project, except as to those decisions specified herein or by law that require authorization by the Chula Vista City Council; 2.1.2 Make decisions with reasonable promptness to avoid delay in the orderly progress of D/B's services per the Master Development Schedule attached as Exhibit 2; 2.1.3 Pay for and cause to be completed all necessary environmental studies and obtain requisite environmental approvals and/or permits with reasonable promptness to avoid delay to the orderly progress of D/B's performance per the Master Development Schedule attached as Exhibit 2; 2.'1.4 At the request of D/B, City will use its best efforts to provide D/B with any available information about the Project Site, including 3 11/16/2001 9:50 AM j:~attorney\agree\DesignBuild Rev12.doc a legal description of the Project Site, and will use its best efforts to provide D/B with the best information City has pertaining to such things as rights-of-ways, easements, existing utilities, and geotechnical soil conditions; it will, however, be the responsibility of D/B to take all reasonable steps to verify all such information as it deems necessary to perform its services under this Agreement. City does not warranty to D/B the accuracy or completeness of any such information. 2.1.5 Cooperate with D/B in identifying, processing and securing required permits, licenses and inspections in a timely fashion; however, this duty to cooperate does not relieve D/B of its primary obligations to identify, apply for and secure all necessary permits (except as provided in 2.1.3), licenses and inspections in a timely manner; 2.1.6 Make payments to D/B in the amounts and in accordance with the terms set forth below; 2.1.7 Issue Certificate of Substantial Completion when City reasonably determines the Project has achieved Substantial Completion as defined below in Section 17.1; and 2.1.8 Issue a Notice of Acceptance when City reasonably determines the Project has achieved Final Completion as defined in Section 17.2. 2.2 City Review Process. City shall review SDD, DDD, 50% CD's and 100% CD's pursuant to Sections 5.4, 6.3, 7.2 and 7.12 respectively. For each D/B submission, City shall have 30 days to review, approve, conditionally approve or deny. 2.2.1 Within 15 days of receipt of completed documents, City shall review and provide comment to D/B on those issues that will prevent D/B from receiving approval or conditional approval of said set of documents. 2.2.2 Within 7 days of receipt by D/B of notification of said issues that will prevent D/B from receiving authorization to proceed to next phase, D/B shall submit completed or revised documents, and/or resolve said issue, and/or, at City's discretion demonstrate to City that said issues can be addressed to City's satisfaction in the subsequent phase. 4 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 2.2.3 At 30 days from City receipt of documents for review and approval, City shall provide D/B with complete comments which shall be addressed by D/B in the subsequent phase. Section 3: General Obli,qations of D/B 3.1 D/B shall be obligated as follows: 3.1.1 At all times in performing its services under this Agreement to design and deliver the best possible Project consistent with standard of care in Section 3.3 that satisfies the time, monetary, quality and design parameters set forth in this Agreement; 3.1.2 Design and construct the Project on time, consistent with time frames set forth in the Master Development Schedule, Exhibit 2, and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, but if D/B reasonably believes that any action, inaction, decision or direction being made by City or agent for the City will likely result in the GMP or Contract Time being exceeded or the Project being completed late, D/B will notify City at Project Team meeting and in writing within five (5) calendar days of discovering such action, inaction, decision, or direction. Included in such notice will be an estimate of the cost and time impact resulting from such action, inaction, decision or direction. 3.1.3 Perform, or obtain the prior written consent of the City to subcontract all design services for the Project utilizing qualified, appropriately licensed and sufficiently experienced architects, engineers and other professionals (herein jointly "Design Consultants". All design Consultants shall be listed, with their corresponding fees, on Exhibit 3. D/B shall provide to City unredacted copies of agreements between all Design Consultants and D/B. The rates for services of the Design Consultants as set forth in Exhibit 3 shall remain at the listed rate for initial 12 months and may be adjusted a maximum of 5% for each year thereafter. D/B shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the D/B of any of its obligations or responsibilities under the Agreement; 5 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 3.1.4 Perform all construction on the Project utilizing Subcontractors appropriately licensed by the California Contractors State License Board or other required agency; 3.1.5 Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in this Agreement; 3.1.6 Be fully responsible for all additive costs, damages, and liabilities resulting from errors or omissions beyond the standard of care defined in Section 3.3 by D/B or D/B's agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in the GMP. 3.1.7 Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap; 3.1.8 Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, density and density ratios and lien laws, and comply with them in performance of its services. D/B shall ensure that within the established GMP that the Project conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively "Governmental Requirements") existing as of the date of this Agreement. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials ("Code Authority") are often subject to change at any time, even after issuance of a building permit. If, after the date of this Agreement, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, D/B shall make the required modifications to comply with the same. However, in the event of such an occurrence, the GMP and Contract Time may be subject to an adjustment in accordance with Section 15. Nothing contained in this paragraph shall relieve D/B of its obligations to modify the 6 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc Project at its own expense where D/B has failed to construct the Project in compliance with Governmental Requirements applicable as of the date of this Agreement. 3.1.9 Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following: 3.1.9.1 Not interfere with pedestrian and vehicular access; 3.1.9.2 Control dust and noise in accordance with the provisions in Section 7-8.1 of the 2000 Edition of the Standard Specifications for Public Works Construction and Section 8.2.30 of this Agreement; 3.1.10 Use reasonable care to avoid damaging existing buildings, equipment and vegetation adjacent to the Project Site. If D/B causes damage to any of this property, D/B shall replace or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time. 3.1.11 To obtain all permits necessary to complete the Project. City shall pay cost of permits. D/B shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors. If requested by City, D/B shall obtain separate permits, including but not limited to the following: demolition, excavation, foundation, structural portions of the building, and right of way. 3.1.12 Conform its design to the requirements of the Americans With Disabilities Act Accessibility Guidelines ("ADAAG") and the Americans With Disabilities Act ("ADA"). 3.1.13 Conform its design to the approved City space standards, Basis of Design (Exhibit 4) and Master Plan (Exhibit 1). 3.1.14 Seek and obtain written approval from the City of the drawings for each of the following phases: (1) schematic; (2) design development (3) 50% construction drawings and (4) 100% construction drawings. Said approval shall be evidenced by written notice to proceed with the subsequent phase. 7 11/16/2001 9:50 AM j:\attorney\agree\Des[gnBuild Rev12,doc 3.1.15 Provide cost estimating and value engineering services, which takes into consideration long-range maintenance costs, energy efficiency, and impacts on operation of the Project. The cost estimate shall include a detailed takeoff of the quantity of materials and unit prices and be presented in a format consistent with industry standard "quantity survey" practices. Provide cost estimate to the City with schematic design development, design development, and at 50% construction drawings. Provide final cost estimate, in four copies, to the City with 100% Construction Documents. 3.1.16 Submit a draw down schedule at contract execution and at 50% construction drawings. 3.1.17 Review soils and geotechnical reports relating to the Project Site; and determine and advise City if any further subsurface investigations are warranted. If such further investigations are authorized by City, D/B shall perform said investigations. The costs of said investigations are Reimbursable Costs to be paid by the City without markup, pursuant to Section 14.2. 3.2 D/B agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under this Agreement, except for the following risks which are assumed by City: 3.2.1 Design changes directed by City after written approval of each previous phase of design such that the directed changes are materially different and beyond the scope of work set forth in the original basis of design, and City approved addendum (Exhibit 4); and Room Data Sheets, all as may be modified by City provided that D/B gives City written notice pursuant to Section 9.3, unless such design changes are required to ensure adherence to the established GMP; 3.2.2 Unanticipated subsurface site conditions 3.2.2.1 City assumes risks for unanticipated subsurface site conditions provided D/B notifies City in writing within 5 days of discovery if D/B believes it has uncovered or revealed a condition which: 8 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 3.2.2.1.1 differs materially from that indicated in the soils and geotechnical reports furnished by City, or 3.2.2.1.2 is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in the work required by Agreement. 3.2.2.2 Upon receipt of written notice, City shall promptly investigate and if it determines the conditions do materially differ, requiring a change in the Work, City shall commence the processing of a change order pursuant to Section 15. If City determines there is no bona fide Work scope change or is a minor change which does not impact GMP or Contract Time, City shall notify D/B within 20 days. 3.2.2.3 D/B shall not be entitled to an adjustment in the GMP or Contract Time if D/B knew or should have known of the existence of such conditions at the time D/B submitted and agreed to GMP or Contract Time; or the existence of such condition could reasonably have been discovered as a result of D/B's obligations pursuant to Section 3.1.17. 3.2.3 Third party litigation arising from the Project for which D/B is not responsible. 3.3 D/B 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. D/B shall cause all professional services performed under this Agreement to meet the standard of care recognized in the industry by those providing similar services. Compliance with this section by D/B shall not in any way excuse or limit D/B's obligations to fully comply with all other terms in this Agreement. 3.4 D/B warrants that at least one member of D/B shall be licensed by the California Contractor's State License Board as a General Building Contractor. D/B is to provide a list of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by 9 11/16/2001 9:50 AM j:\attorney\agree\Des[gnBuild Rev12.doc the City prior to start of construction. City and D/B shall establish "key personnel" who shall remain on the Project until Final Completion. If any such "key personnel" leave the employ of D/B, City shall have the right to approve the replacement personnel. List of personnel should include those listed in Section 24. D/B shall comply with all licensing requirements of the State of California, County of San Diego, and City of Chula Vista. 3.5 D/B shall cooperate with City in obtaining requisite Environmental approvals and/or permits. 3.6 D/B team is to provide videotape and photographic documentation ("Video") of Project Site prior to, during and upon completion of construction. Videotape is to be a time-lapsed video tape, located at a strategic location or locations with an overview of the Project Site, showing work in progress. Video is to show at least a one minute period of work each day, even if no work is in progress during that working day, or is to be run at several intervals during that day if differing construction operations are being performed. Video is to be of professional quality and done with a wide angle lens to capture the entire operation. Dates and times are to be documented on the Video. Copies of Videos are to be transmitted to City on a monthly basis. D/B shall utilize existing City equipment whenever possible. The costs are Reimbursable Costs to be paid by the City without markup, pursuant to Section 14.2. 3.7 D/B shall fully cooperate with City representatives and any of its agents assigned to this project. This cooperation shall include providing a field office for said City representatives and agents; the office shall be of sufficient size to accommodate City needs and shall be equipped with the customary equipment and furniture, including, but not limited to electricity, telephone, copying machines and desks. These costs are Reimbursable Costs to be paid by the City without markup pursuant to Section 14.2. 3.8 D/B agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of City Representative shall be borne exclusively by D/B and not be grounds for an increase in GMP or Contract Time unless necessary to protect public health, safety or property. Section 4: Work Restriction and Biddinq Requirement 4.1 D/B, its subsidiaries, related entities, and its design and Design Consultants shall not perform any actual construction work of any type with their 10 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc own forces on the Project ("Self Performed Work"), unless specific written authorization is received from the City after completion of a selective competitive bid process. 4.2 D/B shall determine how best to package portions of the work for purposes of bidding. D/B shall be responsible for selectively bidding all construction work to others and for entering into subcontracts, in D/B's own name, with the bidder who in D/B's discretion best meets the monetary, time, and performance requirement of the Project. D/B shall be responsible for ensuring that these contracts fully comply with all applicable local, state and federal laws, some but not all of which are listed below. 4.3 D/B shall require all bidders to furnish a list of subcontractors with their bid in accordance with the requirements of the Subletting and Subcontracting Fair Practices Act, California Public Contract Code section 4100 et seq. D/B shall require all successful bidders to comply with the Subletting and Subcontracting Fair Practices Act during performance of the Work and D/B shall conduct all applicable hearings required by Public Contract Code § 4100 et seq. 4.4 D/B shall hear and decide bid protests and shall develop and maintain bid protest procedures for that purpose. City shall be timely informed of all bid protests (prior to resolution) and the outcome of said protests. 4.5 D/B shall decide, subject to City approval, appropriate bid, payment and performance bonds, if any, D/B will require from the bidders and those to whom D/B subcontracts the Work. Any such bonds shall name the City and D/B as obligees. 4.6 D/B shall include a detailed bidding plan within the procurement section of the Management and Implementation Plan (M and I Plan) as provided in Section 7.9. Section 5: D/B's Phase I Services and Obligations - Schematic Design 5.1 D/B's services in Phase I shall include, but are not limited to the following: 5.1.1 Review City's Basis of Design (Exhibit 4) and Master Plan (Exhibit 1) and as necessary meet with City to ascertain City's project requirements. 5.1.2 Prepare complete schematic design documents ("SDD") such that the SDD include, without limitation, the following: 11 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 5.1.2.1 A site plan indicating property line; existing public streets, sidewalks, curb cuts, and other public improvements; required setbacks; service, trash, fire lane and truck access, adjacent buildings, building and parking structure outline; and site elements (fences landscape areas, etc); 5.1.2.2 Floor plans, including graphically demonstrating interior and exterior walls and fenestration; room names, structural bay spacing with grids, overall dimensions and area calculations; 5.1.2.3 Roof plans including conceptual mechanical equipment locations, conceptual mechanical screens, skylights and roof access, roof materials, conceptual roof drainage and establish window washing concept; 5.1.2.4 Site sections including existing and proposed grade profile and relationship to major site elements and public ways. 5.1.2.5 Building sections including vertical dimensions, floor assembly thickness showing known structural elements, proposed ceiling heights; 5.1.2.6 Exterior elevations including material references and extent; any known visible roof top elements; existing and new line of grade; indication of floors with leader lines; and vertical dimensions; 5.1.2.7 Wall sections including typical walls, conceptual dimensions, horizontal element offsets, and guide to exterior face of wall; conceptual dimensions, vertical floor to floor, floor to window head and sill and floor to ceiling; interior and exterior wall finishes; and wall and roof assembly; 5.1.2.8 Outline specifications, written description of building systems and components including project data, site work, and any special equipment; 1 2 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 5.1.2.9 Code compliance review including building construction type, occupancy, sprinkler requirements, exiting, zoning and other agency conformance and ADA; 5.1.2.10 Delivery of a massing model, 3D rendered images, and color and material boards. 5.3 Prepare and submit to City detailed cost estimate with SDD. Said cost estimate shall include an FF&E Matrix delineating the Parties FF&E obligations. Said FF&E Matrix shall include budgeting information for those items for which D/B is responsible and contained in GMP. 5.4 Submit completed SDD to City. Obtain comments from City and make revisions to SDD as required. Obtain written approval or written conditional approval from City to proceed to Phase II services. If conditional approval is granted, D/B shall address all City comments or issues in the next set of drawings submitted to the City. City retains the right to withhold approval and require a resubmittal of the SDD. Any delay or additional costs resulting from the resubmittal shall be borne exclusively by D/B and not be grounds for an increase in the GMP or Contract Time. Section 6: D/B's Phase II Services and Obligations-Design Development 6.1 D/B's services in Phase II shall include, but are not limited to the following: 6.1.1 Continue to develop and refine project requirements and review such requirements with the City. 6.1.2 Prepare complete Design Development Documents ("DDD") such that the DDD include, without limitation, the following: 6.1.2.1 Site plan indicating property line; existing public streets, sidewalks, curb cuts, other public improvements; required setbacks; service, trash, fire lane and truck access (including notes and dimensions), adjacent buildings, building and parking structure outline; and site elements (fences, landscape areas, etc); notes; 1/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 6.1.2.2 Floor plans including graphically demonstrating interior and exterior walls and fenestration with notes, dimensions and gridlines; room names, structural bay spacing with grids, critical dimensions and area recalculations; 6.1.2.3 Roof plans including detailed notes, dimensions, mechanical equipment locations, define material for mechanical screens, skylights and roof access, roof materials, roof drainage and establish window washing concept; 6.1.2.4 Building sections including vertical dimensions, floor assembly thickness showing known structural elements, notes and dimensions. 6.1.2.5 Exterior elevations including material references and extent; visible rooftop elements; existing and new line of grade; indicate of floors with leader lines; and vertical dimensions; notes, dimensions and grid lines. 6.1.2.6 Wall sections including all wall sections, dimensions, horizontal element offsets, and guide to exterior face of wall; dimensions, vertical floor to floor, floor to window head and sill and floor to ceiling; structural elements and assemblies; interior and exterior wall finishes; and wall and roof assembly; 6.1.2.7 Outline specifications, written description of building systems and components including site work, room finishes, FF&E, product cut sheets, and special equipment. 6.1.2.8 Verify all code compliance including building construction type, occupancy sprinkler requirements, existing, zoning and other agency conformance and ADA. 6.1.2.9 Delivery of 3D rendered images, color and material boards, reflected ceiling plans, and special system or equipment plans. 14 11/16/2001 9:50 AM j:\attomey\agree\DesignBuild Rev12.doc 6.1.2.10 Prepare and submit for approval an FF&E Matrix delineating the Parties FF&E obligations. Said FF&E Matrix shall be cross-referenced against the Room Data Sheets. Said Matrix shall be fully costed for those items designated as D/B's responsibility. 6.2 Prepare and submit to City detailed cost estimates with DDD. 6.3 Submit completed DDD to City. Obtain comments from City and make revisions to DDD as required. Obtain written approval or conditional approval from City to proceed to Phase III Services. If conditional approval granted, D/B shall address all City comments or issues in the next set of drawings developed. City retains the right to withhold approval and require resubmittal of the DDD. Any delay or additional costs resulting from the resubmittal shall be borne exclusively by D/B and not be grounds for an increase in the GMP or Contract Time. Section 7: D/B's Phase III Services and Obligations - Construction Documents 7.1 D/B shall continue to develop and refine project requirements and review such requirements with City; 7.2 D/B shall submit to City 50% Construction Documents ("CD's") for approval. Upon the approval of the 50% CD's, D/B shall, within ten (10) working days, submit a GMP for approval by City. The GMP shall include all Hard Construction Costs (including those portions of FF&E for which D/B is responsible pursuant to FF&E Matrix), D/B Contingency Fund, Reimbursable Costs, and D/B Fixed Fee for the complete design and construction of the entire Project as specified in the 50% CD's; provided that: 7.2.1 The GMP shall not exceed $48,727,809. 7.2.2 Said GMP shall be supported by a detailed itemized breakdown that shows: the D/B Fixed Fees and the expected Hard Construction Costs for each of the major trades on the Project which will include labor, material expenses, equipment costs, FF&E for which D/B is responsible and a reasonable D/B Contingency Fund. Said D/B contingency fund shall not exceed 5% of the Hard Construction Costs. 7.2.3 All Hard Construction Costs included in the GMP are for direct Construction costs incurred in performing the work, including taxes, delivery and installation. City shall reimburse D/B for the 1 5 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc exact amount of the direct self performed work, subcontract or invoice amount. No markup, handling fees, overhead, or other charges are to be added or paid. Upon Final Completion of the Project, any amount of Hard Construction Costs or D/B Contingency Fund monies not utilized shall result in a deductive Change Order. 7.2.4 The GMP shall include a D/B Contingency Fund which can be used by the D/B with City approval. If the Parties mutually agree that there is a sufficient surplus, the D/B Contingency Fund will be available to provide additional funds for Change Orders as provided for in Section 15 of this Agreement. This Contingency Fund will not be available for: (1) Work required due to D/B's and/or Contractors' failure to perform according to the terms of this Agreement and/or in compliance with the Construction Documents, or {2) uninsured losses resulting from the negligence of D/B or its Contractors. All change orders, including zero dollar change orders, which require the use of the D/B Contingency Fund, shall require City approval. The City reserves the right to seek reimbursement for any funds used due to errors or omissions of the Design Consultants. 7.2.5 Prepare, with the cooperation of the City, alternate bid items to assist in meeting the GMP; 7.3 If the City approves the 50% CD's, an agreement is reached regarding the GMP, the City is successful in obtaining long term financing and the Chula Vista City Council appropriates, in their full and sole discretion, sufficient funds upon written direction from the City, D/B shall timely prepare "100% CD's" such that the 100% CD's include, without limitation, the following: 7.3.1 Architectural plans and details, including: 7.3.1.1 Site plan indicating general location and nature of on-site and the necessary off-site improvements. 7.3.1.2 Floor plans, including roof, showing space assignments, sizes, and location of installed or fixed and movable equipment which affects the design of the spaces. 16 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12,doc 7.3.1.3 Building elevations indicating exterior design elements and features, including fenestration arrangements, materials, mechanical and electrical features appearing on the walls, roofs, and adjacent areas. 7.3.1.4 Interior elevations to establish functional requirements, equipment, and all systems locations. 7.3.1.5 Typical building sections showing primary structural members, dimensions, and accommodation of functional systems. 7.3.1.6 Typical wall sections sufficient to indicate materials, openings, and major features. 7.3.2 Structural drawings including plans and sections of sufficient clarity and detail to show the extent and type of structural system and dimensions, final structural design criteria, foundation design criteria, preliminary sizing of major structural components, critical coordination clearances and applicable material lists. 7.3.3 Mechanical plans and details; 7.3.4 Electrical plans and details; 7.3.5 Plumbing plans and details; 7.3.6 Plans showing installation of major systems, equipment, fixed furnishings and graphics; 7.3.7 Technical specifications; 7.3.8 All other technical drawings, schedules, diagrams and specifications, to set forth in detail the requirements for construction of the Project which, at a minimum, include: 7.3.8.1 Provide information customarily necessary for the use of those in the building trades; 17 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 7.3.8.2 Include documents customarily required to obtain regulatory agency approvals; 7.3.8.3 Provide color board and architectural rendering for required presentations. 7.3.9 Mechanical design documentation consisting of continued development and expansion of schematic mechanical des!gn consisting of: 7.3.9.1 Single line layouts and the approximate sizing of all equipment and capacities, preliminary equipment layouts. 7.3.9.2 Required space requirements for the equipment, required chases and clearances, acoustical and vibrations control, visual impacts and energy conservation measures. 7.3.10 Electrical design documentation consisting of continued expansion of the schematic electrical design consisting of: 7.3.10.1 Criteria for lighting, electrical, communications audio visual, close circuit T.V., lighting controls and other electrical systems typical to police facilities, the approximate sizes and capacities of major components transformers-panels-switch gears; 7.3.10.2 Preliminary equipment layouts, required space for equipment, required chases and clearances. 7.3.11 Sections through critical areas showing coordination of architectural, structural, mechanical and electrical elements. 7.3.12 Final specifications, including but not limited to the following: 7.3.12.1 Architectural: general description of the construction, including interior finishes, types and locations of acoustical treatment, typical and special floor coverings and final exterior and interior material selection; 18 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 7.3.12.2 Mechanical: description of air conditioning, heating and ventilation systems and controls, ducts, and piping system; 7.3.12.3 Electrical: description of electrical services, including voltage, type and number of feeders, lighting systems, including lighting levels and audiovisual, security-fire alarms and cable antenna television systems; 7.3.12.4 Other: Such other documents to fix and describe the size, quality and character of the entire Project, its materials, and such other elements as shall be appropriate. 7.3.13 Plumbing drawings including location and quantity of fixtures, equipment sizes, room sizes for plumbing equipment, and final specifications as appropriate. 7.4 D/B shall determine and establish the sequence of construction, and if appropriate, identify separate bid packages to accomplish phased construction of the Project. 7.5 D/B shall prepare a detailed Critical Path Method schedule for all construction phases of the Project (" Detailed Construction Schedule") utilizing Microsoft Project software, showing all major milestones, bid dates for the major bid packages, commencement of construction, sequence of construction, completion of structural elements, completion of the exterior of the building, and date building will be available for installation of furniture, fixtures and equipment to begin, all of which shall conform with the dates of Substantial Completion and Final Completion of Project. 7.6 Review as needed the 100% Construction Documents with the governmental authorities having jurisdiction over the Project. 7.7 Notify City within five (5) days in writing whenever D/B reasonably believes that the cost of the Project is likely to exceed the GMP or Contract Time and include in said notice: 7.7.1 An itemized cost breakdown estimate; 19 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 7.7.2 A list of recommended revisions which D/B believes will bring Project within the GMP; 7.7.3 Assist City in reviewing the itemized cost breakdown and recommend revisions so that City can revise the scope of the Project so that the GMP is not exceeded. 7.7.4 Provide a master accounting system and matrix on Microsoft Excel that will be updated, expanded and provided to the City monthly as the Project develops. 7.8 Prepare a detailed description of all necessary procedures and methods, including a detailed description of the quality control program and D/B's safety program, to be utilized by D/B in performing its services under Phase IV of this Agreement ("Management and Implementation Plan" or "M and I Plan"). 7.9 Submit and obtain approval from City of Phase III items. Provide written confirmation that the project is still within the GMP and can be built in accordance with the Detailed Construction Schedule. Said written confirmation shall include an accounting of all costs and expenses incurred to date against the GMP. Obtain written approval from City to proceed to Phase IV. 7.10 City and D/B may mutually agree in writing that D/B may contract for or perform certain limited Phase IV services during earlier phases to expedite completion of the Project, for such tasks as, for example, demolition of the buildings and relocation of utilities, and other critical path activities to meet the Master Construction Schedule. However, absent such written agreement, D/B shall not proceed with any Phase IV services until the City issues a written Notice to Proceed with Phase IV. 7.11 Present to the City for approval the following: 100% Construction Documents, Management and Implementation Plan, Detailed Construction Schedule, FF&E Matrix of Responsibilities fully costed for those items D/B is responsible, and a detailed cost breakdown. 7.11.1 Upon presentation by D/B to the City of the items specified in Section 7.11, the City may: 7.11.1.1 Approve the 100% Construction Documents, and Management and Implementation Plan and Detailed Construction Schedule, and authorize 20 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc D/B to proceed with Phase IV services; or 7.11.1.2 Determine not to proceed with the Project and terminate this Agreement in accordance with Section 26.4 of this Agreement; or 7.11.1.3 Direct D/B to revise and resubmit documentation submitted to City pursuant to Section 7.11 which does not conform to previously approved direction of City Any delay or additional costs resulting from the resubmittal shall be borne exclusively by D/B and not be grounds for an increase in the GMP or Contract Time. Section 8: D/B's Phase IV Services and Obli.qations - Construction Administration 8.1 After City formally approves any required cost estimates, 100% Construction Documents, Management and Implementation Plan and Master Construction Schedule, City shall issue to D/B a written Notice to Proceed with Phase IV. 8.2 D/B's services in Phase IV shall include but are not limited to the following: 8.2.1 Perform all obligations set forth in D/B's Management and Implementation Plan and any other obligation required to complete the project to the City's satisfaction. 8.2.2 Provide administration and coordination of the services provided in Phase IV; 8.2.3 Provide estimating and value engineering services throughout Phase IV; 8.2.4 Prepare all necessary documents for bidding Work and submit to City for approval 10 days prior to bid deadline, including but not limited to: 21 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 8.2.4.1 Instructions to bidders; 8.2.4.2 General and special conditions; 8.2.4.3 Form of bid; 8.2.4.4 Form of bonds. 8.2.5 Comply with the Master Construction Schedule for construction of the Project; 8.2.6 Review the Construction Documents with City on a regular basis throughout Phase IV and provide the City with six sets of the Construction Documents; 8.2.7 Give routine progress presentations to City;8.2.8 Submit Construction Documents to the City for plan check, and make any changes therein as said department may lawfully require. Obtain general building permit and all ancillary permits and licenses, including but not limited to, demolition permits and grading permits; 8.2.9 Cause the appropriate professionals to stamp and sign as required the original Construction Documents or parts thereof and coordinate the design with utility companies; 8.2.10 Provide City with weekly progress reports; 8.2.11 Prepare and submit to City for review separate bid packages as D/B determines appropriate to enable the construction of the Project to proceed in an efficient and cost effective manner; 8.2.12 Conduct selective bidding for the respective bid packages, including any proposed self performed works, after City's review, in accordance with Section 4 and the approved Management and Implementation Plan; 8.2.13 D/B shall require additive alternates for extended warranty in bid packages. 22 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 8.2.14 Schedule and conduct pre-bid conferences to answer questions posed by bidders; said answers and any other information required to provide clarification to the Construction Documents during the bidding process shall be issued as written addenda and provided to all prospective invited bidders; 8.2.15 Analyze all bids and award subcontracts to the bidder best meeting the monetary, time, and performance requirements of the Project. Update and expand itemized cost breakdown estimate described in Paragraph 7.6 and provide bid breakdown at a minimum to each trade involved, sufficient for the purpose of progress billing for construction. City shall be present at bid opening and shall be consulted with regarding the selection of all subcontractors; 8.2.16 Execute subcontracts, in D/B's own name, with the bidder best meeting the monetary, time, and performance requirements of the Project; 8.2.17 Perform construction management and administration services during the construction of the Project; 8.2.18 Be responsible for and coordinate all construction means, methods, techniques, sequences and procedures; 8.2.19 Coordinate scheduling of bid packages, submittals, and all design and construction of the Project to ensure the efficient and orderly sequence of the construction of the Project. Monitor and report to the City on actual performance compared to schedule; 8.2.20 Give all notices and comply with laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project; 8.2.21 Provide timely review and approval of shop drawings, samples of construction materials, product data, schedule submittals, and other submittal for compliance with the Construction Documents; keep City advised of all such matters being reviewed and approved by D/B; 23 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 8.2.22 Issue responses to Requests for Information, substitution requests, and Change Order requests. Provide City with copy of all correspondence within twenty-four (24) hours of receipt. Conduct weekly review meetings with City to discuss these items. All change orders, including zero dollar change orders which require the use of D/B Contingency Fund, irrespective of impact on GMP and Contract Time shall require City approval; 8.2.23 Establish and maintain a quality control program with appropriate reviews and independent testing procedures to ensure compliance with the Construction Documents; 8.2.24 Coordinate all required inspections in such a manner that the progress of construction is not affected or impacted; 8.2.25 Correct any work which does not conform to the Construction Documents; 8.2.28 Keep City informed of the progress and quality of the design and construction of the Project; 8.2.27 Be responsible for and coordinate procurement and installation of FF&E as generally described in Basis of Design (Exhibit 4) and the approved FF&E Matrix. D/B shall recommend for reuse and coordinate installation of all existing FF&E that is D/B's responsibility under this Agreement. 8.2.28 Pay royalties and license fees. D/B shall defend suits or claims for infringement of patent rights and shall defend and hold City and City's agents harmless from loss on account thereof, except that City shall be responsible for such loss when a particular design, process or product of a particular manufacturer is required by City. However, if D/B has reason to believe the use of a required design, process or product is an infringement of a patent, D/B shall be responsible for such loss unless such information is promptly given to City in writing; 8.2.29 Ensure Project is maintained in a clean, neat, sanitary and safe condition free from accumulation of waste materials or rubbish. Prior to Final Completion, D/B shall cause to be removed from and about the Project all tools, construction equipment, machinery, surplus materials, waste materials and rubbish; 24 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 8.2.30 Develop a mutually agreed upon program to abate and minimize noise, dust, and disruption to access for parking and services at all times for adjacent business entities and residences; 8.2.31 Establish and monitor procedures to control on-site noise, dust and pollution during construction to include limits of noise during events to comply with current Municipal Code requirements; 8.2.32 Provide City with a Detailed Construction Schedule on Microsoft Project software within ten (10) working days after receiving Notice to Proceed with Phase IV, provide updated versions of Master Construction Schedule on a monthly basis, and provide immediate notice of any impact on critical path items; 8.2.33 Review payment requests from all subcontractors, material suppliers and others in contractual privity with D/B with designated City representative prior to including any such payment requests in D/B's certificate and application for payment to City; 8.2.34 Conduct and prepare minutes for weekly Project team meetings with City and appropriate design and construction members; 8.2.35 Maintain a complete and up-to-date set of Construction Documents in the Projects field office at all times during construction which reflect all changes and modifications, and at the end of construction prepare for City a complete set of Project documents, along with four reproducible, and one electronic set of drawings depicting As-Built conditions for Project; 8.2.36 Notify City in writing when D/B believes that the Project has achieved Substantial Completion, participate with City in inspecting the completed construction, prepare punchlists, and cause the punchlist items to be performed and/or corrected in accordance with the Construction Documents; 8.2.37 Assemble and deliver to City upon Final Completion all records, documents, warranties, bonds, guarantees, maintenance/ service contracts, and maintenance and operating manuals; 25 11/16/2001 9:50 AM j:\attomey\agree\DesignBuild Rev12.doc 8.2.38 Notify City in writing when D/B believes that the Project has achieved Final Completion; 8.2.39 Inspect the Project during the one year general building warranty period, identify items requiring repair, and oversee those repairs. Inspect the Project at 180 and 360 days after Final Completion and prepare reports to City, develop budgets and direct all repairs. 8.3 Unless the D/B receives the City's prior approval to substitute equal or better quality materials, the D/B warrants to City that materials and equipment incorporated in the Project will be new, unless otherwise specified, and that the Project will be of good quality, free from faults and defects, and in strict conformance with the Construction Documents and in accordance with Section 22. Section 9: D/B's Phase V Services and Obligations - Right of Way and Off Site Improvements ("ROW/OSI"). 9.1 D/B shall design and construct the Row/OSl. This phase services have a not to exceed allowance of $3.5 million. 9.2 D/B shall review City's Master Plan and as necessary meet with City to ascertain and refine City's ROW/OSI needs. 9.3 D/B shall prepare complete SDD. 9.3.1 Prepare and submit a detailed cost estimate with SDD. 9.3.2 Submit completed SDD to City. Obtain comments from City and make revisions as required. Obtain approval from City for SDD. 9.4 Prepare complete DDD. 9.4.1 Prepare and submit to City detailed cost estimates with DDD. 9.4.2 Submit completed DDD to City. Obtain comments from City and make revisions as required. Obtain approval from City for DDD. 9.5 D/B shall submit to City 50% CD's for approval. Upon approval, D/B shall submit, within 10 days, a GMP for the right of way and off site improvements (ROW GMP). ROW GMP shall include all Hard Construction Costs, D/B Contingency 26 11/16/2001 9:50 AM j:\attorney~agree\DesignBuild Rev12.doc Fund; Reimbursable Costs, and D/B Fixed Fee for the complete design and construction of the Right of Way and Off Site Improvements. Said ROW GMP shall be governed by the process set out in Sections 7.2.2, 7.2.3, 7.2.4, and 7.2.5. 9.6 If City approves the 50% CD's and an agreement is reached regarding the ROW GMP, D/B shall timely prepare complete 100% CD's. 9.6.1 D/B shall prepare a Critical Path Schedule for the ROW/OSI. 9.6.2 D/B shall review 100% CD's with governmental authorities having jurisdiction over the ROW/OSI. 9.6.3 D/B shall submit and obtain approval from City for the 100% CD's. 9.6.4 Upon receipt of 100% CD's, City shall: 9.6.4.1 Approve and authorize construction; 9.6.4.2 Determine not to proceed with the ROW/OSI; or 9.6.4.3 Direct D/B to revise and resubmit. 9.7 D/B shall provide administration and construction of ROW/OSI consistent with applicable provisions of Section 8. Section 10: Additional Services 10.1 City will have the right to direct D/B to perform Additional Services beyond those specified in this Agreement. D/B may provide Additional Services only if authorized in writing, in advance, by City and after complying with Section 10.3. The City may propose changes to the Work of a subcontractor after the bid has been awarded. In the event of a change of this nature, D/B will estimate the cost of the Change Order, assist City in developing drawings and specifications as necessary, solicit a revised bid, negotiate with the subcontractor, present a recommendation for a Change Order to City, and implement construction as approved by City. 10.2 For Additional Services which increase the Hard Construction Costs, design costs, or other reasonably necessary costs of the Project, D/B will not be paid an additional D/B fee for the first million dollars worth of Additional Services, but 27 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12,doc will be paid 3% of such costs as the D/B Fee for additional services above the first million dollars authorized by City. For additional services, which result in an extension of the Substantial Completion date, D/B shall be paid a fee equal to the number of working days the Substantial Completion date is extended multiplied by the daily proration of the general conditions fee included within the GMP. 10.3 If at any time D/B contends that it is being asked to perform Additional Services, it shall give City written notice 5 days prior to performing said services indicating that D/B intends to seek additional compensation beyond the D/B Fixed Fee. Furnishing advance written notice shall be a condition precedent to being able to seek additional compensation from City. Section 11: Bonds 11.1 D/B shall furnish performance and payment bonds with the names of the obligees designated as the City in the amount set forth below, as security for the faithful performance and payment of all D/B's obligations under the Agreement. These bonds shall remain in effect at least until thirty (30) days after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by this Agreement. D/B shall also furnish such other bonds as are required by this Agreement. 11.1.1 The performance bond shall be in the amount of 100% of the GMP. 11.1.2 The payment bond shall be in the an amount of 100% of the Hard Construction Costs. 11.2 All bonds shall be in the form prescribed by City and by such sureties which are admitted insurers in the State of California and are subject to regulation by the Department of Insurance, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. '11.3 If the surety on any bond furnished by D/B is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any 28 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc part of the Project is located, D/B shall within seven (7) days thereafter substitute another bond and surety, which must be acceptable to City. 11.4 Bond premiums are a Reimbursable Cost for which the DtB will be reimbursed, without markup, pursuant to Section 14.2. 12. Insurance 12.1 The insurance provisions herein shall not be construed to limit D/B's indemnity obligations contained in this Agreement. 12.2 Insurance Policy Requirements - D/B shall purchase and maintain the Contractor Controlled Insurance Program ("CCIP") as required under this Section. Except as provided in Section 25, all insurance shall be maintained continuously during the life of the Agreement and at all times thereafter when D/B may be correcting, removing, or replacing Defective Work, but D/B's liabilities under this Agreement shall not be deemed limited in any way to the insurance coverage required. 12.3 D/B shall cause the purchase and maintenance of a Project specific CCIP at such coverages and amounts as provided herein, if available and at a reasonable cost, or as directed by City. If it is determined by City that a CCIP is not feasible, D/B shall procure a traditional insurance program, at such coverage and amounts as provided herein or as directed by City. 12.3.1 General - The D/B will insure this Project under a Project Specific CCIP. The D/B, through its CCIP shall provide certain insurance coverage for the D/B, their Contractors, and all tiers of Contractors who are engaged in the performance of Work. The D/B and each Contractor shall enroll in the CCIP using forms provided by the D/B. All insurance underwriting, payroll, rating or loss history information requested of the D/B or Contractor by the CCIP agent, must be provided within five (5) working days of the request. D/B or Contractor(s) shall not be permitted to Work on the Project until they are enrolled in the CCIP and certified by the D/B's CCIP insurance agent. At all times of this Agreement, Contractors shall cooperate with D/B's CClP insurance agent(s) and insurer(s). The coverage provided through the CCIP shall include General Liability Insurance, Workers Compensation, Employer's Liability Insurance and Excess Liability Insurance. The CCIP should be further extended to include Builder's Risk, Professional Liability 29 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12,doc and Errors and Omissions Insurance. The insurance coverage provided by the D/B shall apply to the operations of each insured at the Project Site and off site risk associated with the Project as defined in the CClP insurance policies. 12.3.1.1 The CCIP is not intended to provide a complete insurance program to the D/B and Contractors. They will need to provide additional coverage as each deems necessary for its own account, at its own expense and through its own efforts. However, owned, non-owned and hired auto liability insurance shall be separately maintained by D/B and contractors. 12.3.1.2 The separate coverage provided by the D/B shall be subject to the terms, conditions and other provisions including exclusions and limitations of any nature whatsoever contained in the CCIP. 12.3.1.3 Insurance coverage provided by the D/B under the CCiP shall not extend to the activities or products of D/B, Contractors of any tier, suppliers, material men, vendors, haulers, truckers and "owner/operators" whose employees perform no on-site Work and/or are engaged solely in the delivery, loading, unloading, stocking, or hauling of equipment, supplies or materials. The CCIP is to provide coverage for all employees of D/B and Contractors of any tier working on the Policy Site, as defined in the policies. D/B and Contractor employees not normally engaged at the Policy Site, (such as delivery men, truckers, haulers, etc.) and others who occasionally visit the Policy Site, and whose compensation is not normally part of the field payroll are excluded from the CClP. Such persons may be required, by mutual consent of D/B and City, to provide evidence of their own insurance, as specified in Section 12.3.3 of this Agreement, before access to the Project Site is allowed. 12.3.1.4 All dividends or refunds payable under the 30 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc programs and policies of insurance obtained pursuant to the CCIP shall belong to the City, and any proceeds therefrom are assigned to the City. The D/B and Contractors of any tier, at the request of the City, will execute and deliver to the City any release, assignment, direction or authorization which the City or any insurance company may require for such purpose. 12.3.1.5 Elimination of Duplicate Insurance: The D/B and Contractors shall bid both with the cost of any insurance included in and eliminated from their bids. Cost for insurance which duplicates that provided by the CCIP shall not be reimbursed or paid by City. 12.3.1.6 Exclusion from or Termination of CCIP: The City reserves the option to exclude the D/B or any Contractor from the CClP or to terminate the CCIP, in whole or in part, at any time upon thirty (30) days written notice to the D/B. Should the City choose to do so, the D/B and all Contractors shall obtain insurance for such coverages and amounts and subject to such terms as the City may direct. In such event, there shall be allowed to the D/B an equitable adjustment in the GMP. The D/B shall provide to the City such information or records as may be required or helpful in determining the increased or decreased cost to the D/B. 12.3.1.7 Deductibles: The City reserves the option to require that CCIP policies contain deductibles which are different than the deductibles which are specified herein. City reserves the right to modify the deductibles for specific types of coverage after consultation with the D/B. The deductible amount which the D/B shall require each responsible Contractor of any tier to assume and for each and every claim shall be determined by the amount, in dollars, of the Contractor's contracts as specified below: 31 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc CONTRACT AMOUNT DEDUCTIBLE AMOUNT $0 - $149,999 $1,000 $150,000 - $499,999 $2,500 $500,000 - $999,999 $5,000 $1,000,000 plus $10,000 12.3.2 The CCIP shall include the following coverage which is to be provided by the D/B: 12.3.2.1 Commercial General Liability. The policy shall name D/B, City, its elected and appointed officers and employees, and all tiers of Contractors, as named insureds, Commercial General Liability insurance covering Bodily Injury, Personal Injury and Property Damage Liability shall be in an amount of not less than $2,000,000 per occurrence and $4,000,000 annual aggregate. The insurance shall be written on the 1986 ISO occurrence form, as may have been amended from time to time, with broad form coverage extensions. The addition of insureds shall not operate to increase such limit. Coverage shall continue until 12:01 AM Pacific Time on the day following expiration of the one year warranty period specified in Section 22 of this Agreement. Except that products/Completed Operations Liability coverage shall continue in force for a period of ten (10) years after acceptance of the Work by the City. 12.3.2.2 Workers Compensation/Employers Liability. The D/B and all tiers of Contractors shall be covered under the applicable laws of the State of California relating to Workers Compensation or Employers Liability Insurance, for all of their employees working on the Project Site, as it is defined in the CClP policies. The D/B and each Contractor shall be issued a separate Workers Compensation and Employers Liability policy which shall continue until 32 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 12:01 AM Pacific Time on the day following the expiration of the one (1) year warranty period. Employers Liability limits shall be: Bodily injury by accident $2,000,000 aggregate. Bodily injury by disease $2,000,000 policy limit. Bodily injury by disease $2,000,000 each employee. 12.3.2.3 Excess Liability. The D/B will provide Excess Liability policies affording $40,000,000 limits in excess of the General Liability and Employers Liability limits afforded on the primary policies. The coverage will generally be subject to the same terms, conditions and exclusions found in the primary policies. 12,3.2.4 Builders Risk Property Insurance 12.3.2.4.1 A policy of "all risk" Builders Risk Insurance will be provided by the D/B. The D/B will add the City, its elected and appointed officers and employees, and Contractors to the policy as named insureds as their interest may appear. The insurance shall provide for a deductible and waive any right of recovery under subrogation for those insured under this policy. It shall be the responsibility of each covered Contractor to bear the expense of this deductible. If the loss involves more than one insured, then the deductible shall be pro-rated among the claimants based upon the percentage their loss bears to the entire eligible loss, but in no event shall each Contractor's deductible exceed the amount specified in Section 12.3.1.7. 12.3.2.4.2 Coverage for the perils of water damage, collapse and earth and land movement, as defined in the policy, are 33 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc included in the Builders Risk Insurance policies subject to a sub- limit of $30,000,000. It shall be the responsibility of each covered Contractor to bear the responsibility for the deductible as provided in Section 12.3.1.7. If the loss involves more than one insured, then the deductible shall be pro-rated among the claimants based upon the percentage their loss bears to the entire eligible loss. 12.3.2.4.3 The insurance provided by the D/B will not cover any equipment, machinery, tools, or property of similar nature owned, rented or used by the D/B or Contractors of any tier which are not destined to become a permanent part of the insured Project. However, the insurance shall provide coverage for property in transit and located in off- site storage which are destined to become a permanent part of the insured project. 12.3.2.4.4 The Builders Risk coverage shall remain in full force and effect through final completion. If there is a dispute in work completion between City and D/B, the Builder's Risk coverage shall be maintained through the resolution of said dispute. 12.3.3 The following coverage shall be provided for Work not covered by the CCIP, provided, however, that upon the mutual consent of the D/B and City, Contractor's Pollution Liability, Professional Liability and Hazardous Transporters Pollution Liability called for in Sections 12.3.3.5, 12.3.3.6 and 12.3.3.7 of this Agreement, may be covered under the CCIP. 12.3.3.1 Automobile Liability. The D/B and Contractors of 34 11/16/2001 9:50 AM j:\attorney\a9ree\DesignBuild Rev12.doc any tier shall provide a policy or Certificate of Automobile Liability Insurance evidencing coverage in an amount not less than $1,000,000 Combined Single Limit per accident, covering bodily injury and property damage for owned, non-owned and hired automobiles, and name the City, its elected and appointed officers, employees, and agents as additional insureds. Contractor's policy should further be amended to name D/B as additional insured. 12.3.3.2 Workers Compensation/Employers Liability Insurance 12.3.3.2.1 Each and every Contractor of any tier shall provide at its expense Workers Compensation Insurance and Employer's Liability Insurance, for all of their employees, who are not normally engaged in Work at the Project Site and whose compensation is not part of the field payroll or who are otherwise excluded under the CCIP. 12.3.3.2.2 Policy limits shall be: Bodily injury by Accident $1,000,000 each accident Bodily injury by Disease $1,000,000 each employee Bodily injury by Disease $1,000,0(}0 policy limit 12.3.3.3 Contractors Pollution Liability 12.3.3.3.1 If the D/B or its Contractors' Work includes cleanup, removal, storage, or otherwise handling of hazardous or toxic chemicals, materials, substances, or any other pollutants, Contractor shall provide at their 35 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc expense Contractors Pollution Liability Insurance appropriate to cover such activities in an amount not less than $3,000,000 Combined Single Limit per occurrence/aggregate for bodily injury, property damage and remediation. 12.3.3.3.2 Claims made policies will include a five (5) year Extended Claims Discovery Period applicable to this Agreement, if reasonably available. 12.3.3.3.3 The policy for this insurance shall include Contractual Liability coverage. Such policy shall be endorsed to specifically provide for Work performed under the Agreement. 12.3.3.3.4 The D/B or its Contractors of any tier shall furnish to the City a policy or Certificate of Contractors Pollution Liability Insurance in which the City, its elected and appointed officers, employees, and agents, and the D/B are named as additional insureds. The policy or Certificate must plainly designate the name of the Project, name of the Disposal Site, and the permits secured for its disposal. This Certificate must be furnished to the City, evidencing compliance with the outlined requirements, prior to the D/B or Contractor beginning their Work on the Project. Any failure to furnish this policy or Certificate of Insurance shall not relieve the D/B or Contractor from their obligations under this Section. 12.3.3.4 Hazardous Transporters Pollution Liability 12.3.3.4.1 If the D/B's or its contractors' Work includes transportation of hazardous 36 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc or toxic chemicals, materials, substances or any other pollutants the D/B or its Contractor of any tier shall provide, at their expense, Transporters Pollution Liability Insurance in an amount not less than $3,000,000 Combined Single Limit per occurrence/Aggregate for bodily injury, property damage and remediation. 12.3.3.4.2 Claims Made policies will include a five (5) year Extended Claims Discovery Period applicable to this Agreement, if reasonably available. 12.3.3.4.3 Such policy shall be endorsed to specifically provide coverage for Work performed under this Agreement. 12.3.3.4.4 The D/B or its contractors of any tier shall furnish the City with a policy or Certificate of Hazardous Transporters Pollution Liability Insurance in which the City, its elected and appointed officers and employees, and agents, the D/B, and any upper tiered contractor are named additional insureds. The policy or Certificate must plainly designate the name of the Project, name of the Disposal Site, and the permits secured for its disposal. This Certificate must be furnished to the City, evidencing compliance with the outlined requirements, prior to the D/B or Contractor beginning their Work on the Project. Any failure to furnish this policy or Certificate of Insurance shall not relieve the D/B or Contractor from their obligations under this Section. 37 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 12.3.3.5 Professional liability and errors and omissions insurance 12.3.3.5.1 The D/B shall provide Project Specific professional liability or errors and omissions insurance, as applicable, with a per claim limit of not less than five million dollars ($5,000,000) for the services performed by the Design Subcontractors and any Contractors performing design services. The policy shall contain an extended reporting period of five years. The D/B shall be responsible for the first $5,000 of any applicable deductible. 12.3.3.5.2 The D/B shall obtain and provide to City evidence of errors and omissions insurance with a per claim limit of not less than five million dollars ($5,000,000.00) for the services performed by the Insurance Consultants, Broker or Agent for the D/B on this Project. The policy shall contain an extended reporting period of one year. The Insurance Consultant, Broker or Agent shall be responsible for any applicable deductible. 12.3.4 Cooperation. The D/B and its Contractors shall cooperate fully with and provide any information or records requested by the City or D/B's Insurance Consultant regarding all aspects of the CCIP, including but not limited to claims, audit, payroll, insurance records and safety. Delays in reporting information to the City or D/B's insurance representative may result in delays in progress payments to the D/B. 12.4 Prior to beginning Work under the Agreement, each and every Contractor of any tier shall furnish Certificates of Insurance satisfactory to the City. All such Certificates will contain at least the following provisions: 38 11/16/2001 9:50 AM j:~attorney\agree\DesignBuild Rev12.doc 12.4.1 Thirty (30) days written notice to the City prior to any cancellation, non-renewal or material reduction in coverage. 12.4.2 The words "will endeavor" and "but failure to mail such notice shall impose no such obligation or liability of any kind upon the company, its agents or representatives" will be deleted from the Certificates. 12.4.3 Throughout the life of the Agreement, each and every Contractor of any tier shall pay for and maintain in full force and effect, with a carrier or carriers authorized by the California Insurance Commissioner to do business in the State of California, the policies in Sections 12.3.3.2 through 12.3.3.6. 12.4.4 Any insurance provided for City, D/B or subcontractors for this project shall be written through an insurer with an A.M. Best Rating of not less than A-8. Any exceptions are at the sole discretion of the City and subject to written approval of the City. 12.5 Insurance Limits - City may request a proposal from D/B for modifying the insurance limits. 12.6 The expense of broker(s), Insurance Consultant, insurance administration, deductibles above those for which D/B or Contractor are responsible and net premiums for the insurance required of D/B by this Section will constitute a Reimbursable Cost for which City will reimburse D/B, without markup, pursuant to Section 14.2 below. The insurance provisions herein shall not be construed to limit D/B's indemnity obligations contained in this Agreement. The expense for insurance premiums for auto, Workers Compensation and Employer's Liability outside the CCIP and contractor equipment coverages does not constitute a reimbursable cost. That portion of Contractor's Pollution Liability, Hazardous Transporters Pollution Liability, Professional Liability or Errors and Omissions Liability Insurance premiums not specific to this project are not reimbursable under this Agreement. 12.7 Questions concerning the insurance requirements of this Agreement 39 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc shall be directed to the City Representative. 12.8 For any insurance required by this Agreement which may not covered by the CClP, which may include Contractor's Pollution Liability, Hazardous Transporters Pollution Liability, Professional Liability or Errors or Omissions Liability Insurance, contractor shall include insurance costs associated with this specific Project within the bid. D/B shall require bids to be presented indicating the cost of Work both with and without the inclusion of insurance costs. Section 13: Inspection 13.1 City shall be responsible for City inspection and material testing and inspections, with reimbursement to be required by D/B for any reinspections. The City shall either perform said inspection services with its own forces or contract with third parties. It shall be the responsibility of D/B, however, to call for, coordinate and schedule all inspections. 13.2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access at reasonable times for this observation, inspecting and testing. D/B shall provide them proper and safe conditions for such access and advise them of D/B's safety procedures and programs so that they may comply. 13.3 City will make, or have made, such inspections and tests as the City deems necessary to see that the Work is being accomplished in accordance with the requirements of the Construction Documents. Unless otherwise specified, the cost of such inspection and testing will be borne by the City. In the event such inspections or tests reveal non-compliance with the requirements of the Construction Documents, D/B shall bear the cost of corrective measures deemed necessary by City, as well as the cost of subsequent re-inspection and re-testing. Neither observations by the City nor inspections, tests, or approvals by others shall relieve D/B from D/B's obligations to perform the Work in accordance with the Construction Documents. D/B shall give City timely notice of readiness of the Work for all required on and off-site inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. D/B shall give at least 24 hours notice for on-site inspection and five (5) days notice for off-site inspection. 13.4 City has the right to stop or suspend Work activities which will conceal or cover up D/B Work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and D/B will have no right to additional cost or time it may incur as a result of the Work stoppage. 40 11/16/2001 9:50 AM j:\attomey\agree\DesignBuild Rev12.doc 13.5 When D/B intends to purchase materials, fabricated products, or equipment from sources located more than fifty (50) miles from the City Administration Building which require off site special inspection, the costs of an inspector or accredited testing laboratory retained by the City shall be paid by the City. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the plans and specifications used to solicit bids for construction and the D/B shall forward status reports to the City. No materials or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without prior inspection by the approved agent. Approval by said agent shall not relieve the D/B of responsibility for complying with the requirements of this Agreement. D/B shall require all subcontractors and vendors to assume responsibility for costs of tests or inspections due to the following: 1. Retesting because of failure of initial samples. 2. Failure to properly notify laboratory. 3. Changes in sources, lots, or suppliers of materials after original tests. 4. Changes in methods or materials of construction by D/B that require testing, inspection, or other related services in excess of those required by the Construction Documents. Section 14: D/B Fixed Fee for Services and Reimbursements 14.1 Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all services and obligations under this Agreement, D/B shall be compensated ("D/B Fixed Fee") at a fixed sum equal to $8,665,931. That portion of the D/B Fixed Fee earned with each Phase of the services is listed in Exhibit 6. Unless otherwise expressly provided in this Agreement, D/B Fixed Fee shall include full compensation for all costs of any type incurred by D/B in performing all services and obligations under this Agreement, including but not limited to the following: 14.1.1 All Design Consultants, including but not limited to architectural, structural, civil, mechanical, electrical, communications, graphics and art consultants, space planners, interior designers, landscape architects, and acoustical, audio visual, lighting, traffic and security consultants. 14.1.2 Estimating, value engineering and construction management; 41 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 14.1.3 Construction supervision and project management personnel, including but not limited to superintendents, Project managers, Project secretaries, Project engineers, Project accountants, and all other D/B personnel wherever located; 14.1.4 All on-site and off-site equipment, supplies and facilities, including but not limited to, computers, estimating, dictating, communication and accounting equipment, office space, trailers, field equipment and storage facilities; 14.1.4.1 In no case shall the cumulative monthly rental charges to the Project for equipment and Small Tools used by the D/B exceed 90% of the fair market value of any one piece of equipment or Small Tools. At City's option, the full price for equipment or Small Tools may be paid, and City may take possession upon completion of the Work. 14.1.5 All home-office and field overhead costs of any type including document control and retention; 14.1.6 All business license costs; 14.1.7 All profit D/B intends to earn under this Agreement. 14.1.8 All direct and incidental costs incurred by D/B, except forthose specifically identified in Section 14.2. 14.2 D/B shall be reimbursed, without markup and only as specified in this Agreement for the following "Reimbursable Costs." 14.2.1 Reimbursable Bond Premiums; 14.2.2 Reimbursable Insurance Costs as identified in Section 11; 4.2.3 Reimbursable Subsurface Investigation Costs; 14.2.4 Reimbursable Warranty Extensions; 14.2.5 Reimbursable Safety Program Costs. 14.2.6 Reimbursable video and Photographic Documentation Costs 42 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 14.2.7 Reimbursable City Field Office Costs 14.2.8 Any other reimbursable cost expressly provided for elsewhere in this Agreement. 14.3 D/B will also be reimbursed, without markup, for costs it incurs in contracting actual Construction Work on the Project to others ("Hard Construction Costs"). Hard Construction Costs do not include: (1) any costs associated with the design and construction management services to be performed by D/B under this Agreement, (2) costs incurred due to D/B's negligence or failure to perform according to the terms of this Agreement, including, but not limited to, failure to adequately supervise the Project and use of materials which do not comply with the Construction Documents; or (3) any costs incurred by D/B for which the City is not responsible as provided elsewhere in this Agreement. 14.4 Under no circumstances will the sum of payments for the D/B Fixed Fee, D/B Contingency Fund, Reimbursable Costs and Hard Construction Costs exceed the GMP, unless otherwise authorized pursuant to the terms of this Agreement. 14.5 D/B agrees and acknowledges the City retains its full and complete discretion for all legislative actions, including any future appropriations necessary to complete this Project or fund this Agreement. As more fully provided in Section 26, the City may terminate this Agreement for any reason, including but not limited to, if City Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term financing. Section 15: Change in GMP and Contract Time 15.1 The GMP and Contract Time may only be changed by written Change Order. Change Orders shall be issued only under the following circumstances: 15.1.1 The City directs D/B to perform Additional Services or City Changes as provided in Section 9. 15.1.2 For reasons expressly provided elsewhere in this Agreement. 15.2 The following procedure shall be followed for the issuance of Change Orders: 15.2.1 Upon the occurrence of any event that gives rise to a Change ' Order, D/B shall give the City notice of the same with 5 days. D/B shall not proceed 43 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc with any such services or work until such notice has been given to the City except if such services or work are necessary to protect public health, safety or property. 15.2.2 Unless otherwise directed by the City Representative in writing, before proceeding with any Change Order work D/B shall promptly provide the City with a detailed and complete estimate of cost impact associated with the Change Order, including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately categorized into D/B Fixed Fee, Reimbursable Costs or Hard Construction Costs. D/B shall also provide City with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time. 15.2.3 Upon submission of the detailed estimates by the D/B, the Parties will attempt to negotiate an appropriate adjustment in GMP and Contract Time. If an agreement is reached, a Change Order reflecting the agreement will be executed by the Parties. If an agreement is not reached, the City shall have the option to direct the D/B to proceed with the subject services and/or work, during which time the D/B shall contemporaneously maintain accurate and complete records of all labor, material and equipment utilized in performing the subject services and/or work. These records shall be submitted to the City and shall become the basis for continued negotiations between the Parties for an equitable adjustment to the GMP and/or Contract Time. 15.2.4 In the event there is any disagreement or dispute between the Parties as to whether the D/B is entitled to a Change Order or the amount of the Change Order, the matter shall be resolved in accordance with Section 33. D/B shall not have the right to stop or delay in the prosecution of any services or work, including services or work that is the subject of the Change Order, pending this resolution process. Instead, D/B shall continue diligently prosecuting all such services and work. 15.2.5 City may, in its sole discretion, adjust the GMP or Contract Time for any undisputed amount or time associated with the Change Order or Additional Services. Section 16: Payment Terms 16.1 D/B shall provide all Phase I through III services for the Phase I, II and III Fee. D/B shall submit certificate and application for payment to the City on a monthly basis for Phase I through III services rendered and costs incurred. The monthly payment shall be based upon percentage of completion of the Schedule of Values plus any Reimbursable Costs as provided in Section 16.3. 44 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 16.2 D/B shall provide all Phase IV services for the Phase IV Fee. D/B shall submit certificate and application for payment to City on a monthly basis for Phase IV services. The monthly payment application shall be based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs and Hard Construction Costs as provided in Section 16.3 and 16.4, less any payments previously made by the City and subject to the receipt of unconditional lien releases for all prior payments and if the invoiced amount is not disputed by City, it shall pay D/B ninety percent (90%) of payment application based upon the percentage complete of the Schedule of Values and 100% of the reimbursable costs within thirty (30) days after receipt of the fully documented invoice. City will withhold the remaining 10% as security for D/B's full performance. 16.3 D/B shall develop and maintain an accurate system for tracking all Reimbursable Costs. Utilizing this system, D/B shall include with each month payment application an itemization of all such Reimbursable Costs actually incurred by D/B, during the previous month. If requested by the City, D/B shall provide all backup documentation supporting such Reimbursable Costs. 16.4 D/B shall develop and maintain an accurate system for tracking all Hard Construction Costs it incurs on the Project. Utilizing this system, D/B shall include with each monthly application for payment an itemization of all Hard Construction Costs actually incurred by D/B during the previous month. 16.5 D/B shall separately submit to City certificate and application for payment on a monthly basis for any authorized Additional Services performed by D/B. Subject to the receipt of unconditional lien releases for all prior payments and if Additional Services are not disputed by City, City shall pay ninety percent (90%) of the invoiced amount within thirty (30) days of receipt of fully complete invoice. City will withhold the remaining 10% as security for D/B's full performance. 16.6 Subject to Sections 16.8, City shall pay D/B the ten percent (10%) retention being withheld pursuant to Sections 16.2, and 16.5 as part of the "Final Payment" to D/B. Final Payment will be made thirty-five (35) days after Final Completion. 16.7 The City Manager will consider the release of the entire retention for subcontractors upon completion of the subcontractors' work and execution of a disclaimer and unconditional final lien release by the subcontractor. 16.8 In lieu of withholding retention under this Agreement, at the election of D/B, City will deposit retention amounts into escrow and/or the substitution of securities for money as provided in California Public Contract Code Section 22300. 45 11/16/2001 9;50 AM j:\attorney\agree\DesignBuild Rev12.doc 16.9 D/B shall submit certificate and application for payment for Section 9.1 through 9.6 pursuant to Section 16.1. 16.10 D/B shall submit certificate and application for payment for Section 9.7 pursuant to Section 16.2. Section 17: Project Completion 17.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully occupy and utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punchlist Work. 17.2 At Substantial Completion the Project shall have been constructed to include everything called for in the Basis of Design and approved addendum, Master Plan, Room Data Sheets and the approved FF&E Matrix unless modified, in writing, by City. If a conflict exists between the documents, the order of precedence is listed within this section. 17.3 Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by D/B to City under this Agreement, including but not limited to As-Built Drawings, warranties, and operating manuals; (5) and delivery to City of a Certificate of Completion duly verified by D/B. 17.4 D/B shall provide City with a Certificate of Completion, in the form of Exhibit 7, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project. '17.5 D/B is to provide City final record drawing documents at the end of construction ("As-Built Drawings"). As-Built Drawings are to be accurate and legible records showing exact location by dimensions, and the exact depth by elevation of underground lines, valves, plugged tees, wiring and utilities. 46 11/16/2001 9:50 AM j:\attomey\agree\DesignBuild Rev12.doc 17.6 D/B shall provide a copy of, or make available before destruction, all records (which includes all writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include a copy of D/B's filing protocol. Section 18: Contract Time 18.1 The "Contract Time" shall be the number of calendar days stated in Section 1.3.2 for D/B to achieve Substantial Completion. 18.2 "Time is of the essence" with regard to Contract Time and ail milestones listed in the Master Development Schedule (Exhibit 2). 18.3 The Contract Time may only be changed by a Change Order as set forth in Section 15. Further, an extension in Contract Time will not be granted unless D/B can demonstrate through an analysis of the Detailed Construction Schedule that the increases in the time to perform or complete the Project, or specified part of the Project, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of D/B, its Design Consultants, and subcontractors or suppliers, and that such causes in fact lead to performance or completion of the Project, or specified part in question, beyond the corresponding Contract Time, despite D/B's reasonable and diligent actions to guard against those effects. 18.4 D/B carries the burden of proving an entitlement to an increase in the Contract Time. Delays attributable to and within the control of Design Consultants, or subcontractor or supplier shall be deemed to be delays within the control of D/B. No time extension will be allowed for such delays. An increase in Contract Time does not necessarily mean that D/B is due an increase in the GMP. Section 19: Late Completion 19.1 City and D/B recognize that time is of the essence in this Agreement and that City will suffer financial loss if the Project is not completed within the Contract Time, plus any extensions thereof allowed in accordance with Section 18.3. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by City if the Project is not completed on time. Accordingly, instead of requiring any such proof, City and D/B agree that D/B shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified for Substantial Completion of the Project plus 30 calendar days, the following amounts which D/B expressly agrees are "not unreasonable 47 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc under the circumstances" as defined in California Civil Code ~1671(b): (1) $1,000for each of the first 30 calendar days (2) $3,000 for each calendar day in excess of 30 days and less than 60 days and (3) $5,000 for each calendar day in excess of 60 days. In no event shall the liquidated damages provided for herein exceed $1.5 million. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved pursuant to Section 17. 19.2 If during the course of the Project the City in good faith believes that the Project will not be completed within the Contract Time, the City shall have the right to withhold liquidated damages from any D/B payment application in the amount that the City in good faith believes will likely be incurred. If City believes the total retention will not be sufficient to fund potential liquidated damages, City shall have the right to deduct any contemplated liquidated damages from remaining progress payments. Section 20: Right to Modify Work 20.1 Without invalidating the Agreement and without notice to any surety, City may at any time or from time to time, order additions, deletions, or revisions in the Project; these will be authorized by a written Change Order prepared and issued by City. Upon receipt of any such document, D/B shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Construction Documents (except as otherwise specifically provided). 20.2 When City desires a change in the Project, City may issue a Request for Proposal to D/B. D/B will be required to respond within the time indicated by City. Section 21: Work By Others 21.1 City may perform other work related to the Project at the Project Site by City's own forces, or let other direct contracts ("City Contractor"). The City will give D/B reasonable notice of its intent to do such other work. Neither party's work shall take priority over the others; instead, the Parties will use their best efforts to coordinate their work so as to minimize the disruption to each other's work. 21.2 If the proper execution or results of any part of D/B's work depends upon the work by the City or City Contractor, D/B shall promptly inspect and report to City in writing any apparent delays, defects, or deficiencies in the City's work that render it unavailable or unsuitable for such proper execution and results. D/B's failure to promptly report such delays, defects, or deficiencies in writing before commencement of the affected work, will constitute an acceptance of the City's 48 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc work as fit and timely for integration with D/B's Work except for latent defects and deficiencies in the City's work for which D/B will not be responsible. 21.3 If D/B or any person or entity working for DIE, causes damage to the City's or City Contractor's work, property, or person, or if any claim arising out of D/B's performance of the Project by any other contractor is made against D/B, by City, any other contractor, or any other person, D/B shall promptly repair and/or resolve said claim at no cost to City. Section 22: Warranties and Guarantees 22.'1 D/B warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. Prompt notice of defects known to City shall be given to D/B. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as reasonably directed by City, provided D/B shall not be entitled to an extension in Contract Time or increase in GMP. because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection. 22.2 The warranty period shall commence when the Certificate of Final Completion is issued (irrespective of beneficial use by City prior to Final Completion) and extend one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents. 22.2.1 D/B is to provide any extra material for maintenance at the completion of the Project, including items such as carpeting, base, floor tile, ceiling tile, paint, and filters. 22.2.2 D/B is to provide City two (2) sets of operating and maintenance data manuals, fully bound and indexed, warranties, guarantees, and bonds. 22.3 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by laws or regulations, the Project or any part of the Project, is discovered to contain defective work, D/B shall promptly, without any reimbursement or adjustment in the GMP, and in accordance with City's written instructions, either correct that defective work, or if it has been rejected by City remove it from the Project and replace it with work which is not defective. If circumstances warrant it, including but not limited to, in an emergency, City or D/B 49 11/16/2001 9:50 AM j:\attomey\agree\DesignBuild Rev12.doc may have the defective work corrected or the defective work removed and replaced. In that event, D/B shall not be allowed to recover any associated costs, and D/B shall reimburse City for all direct, and indirect costs of City, and City shall be entitled to an appropriate decrease in the GMP, to withhold a setoff against amount recommended for payment, or make a claim on D/B's bond if D/B has been paid in full. 22.4 The one (1) year warranty period will not begin until the Certificate of Final Completion is issued. If D/B completes the Project or portions thereof prior to this time, it shall preserve the equipment by developing and implementing a preventive maintenance program in compliance with manufacturer's recommendations to maintain the equipment. 22.5 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Agreement, the D/B shall: 22.5.1 Obtain all warranties that would be given in normal commercial practice and as required by the City; 22.5.2 Require all warranties to be executed, in writing, for the benefit of City; 22.5.3 Enforce all warranties for the benefit of City, if directed by City; 22.5.4 In the event D/B's warranty under section 22.2 has expired, City may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty; 22.5.5 D/B shall assign all subcontractor, supplier and manufacturer warranties including maintenance contracts from the installer for specialized equipment, such as elevators, escalators, movable partitions, equipment etc., to cover the limited warranty period to City at the expiration of the one year warranty; and 22.5.6 Any monetary cost for the extension of warranties as a result of City's beneficial use pursuant to Section 23.1 or the City requiring extensions shall be deemed a Reimbursable Cost for which the D/B will be reimbursed pursuant to Section 14.2, as an increase to the GMP. Such extension greater than one year shall be assigned to the City by D/B and City shall look solely to 50 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc the Contractor or material supplier for enforcement of such warranties. Section 23: Use and Possession Prior to Completion 23.1 City shall have the right to take possession of or use any completed or partially completed part of the Work. Before taking possession of or using any Work, City shall furnish D/B a list of items of Work remaining to be performed or corrected on those portions of the Work that City intends to take possession of or use. However, failure of City to list any item of Work shall not relieve D/B of responsibility for complying with the terms of this Agreement. City's possession or use shall not be deemed an acceptance of any Work under this Agreement, nor relieve the D/B of any of its obligations under this Agreement. 23.2 While City has such possession or use, D/B shall be relieved of the responsibility for the loss of or damage to the Work resulting from City's possession or use. If prior possession or use by City delays the progress of the Work or causes additional expense to D/B, an equitable adjustment shall be made in the GMP orthe Contract Time, and the Agreement shall be modified in writing accordingly. Section 24: Personal Services and Non-Assignability 24.1 This is a personal services Agreement and, therefore, D/B shall not alter the key employees or Design Consultants nor assign or transfer, voluntarily or involuntarily, any of its rights, duties or obligations under this Agreement except upon the prior written consent of City. Any such change, assignment or transfer without the prior written consent of the City shall be deemed null and void and constitute a material breach under this Agreement. 24.2 Personnel that D/B will use to perform the services herein shall be those listed on Exhibit 8. Unless noted otherwise, those individuals listed on Exhibit 8 shall be assigned exclusively to the Project. Further, D/B agrees that it will not transfer or remove these individuals from the Project without the prior written permission or direction of City which will not be unreasonably withheld. If any of the above listed personnel leave the employment of D/B, City shall have the right to approve the replacement. Such approval shall not be unreasonably withheld. 24.3 Design Consultants that D/B will use to perform design services are listed on Exhibit 3. D/B agrees that it will not transfer or remove these entities from the Project without the prior written permission or direction of City. 51 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc Section 25: Indemnification 25.1 To the fullest extent permitted by the law, D/B shall indemnify, defend, protect and hold harmless City, its elected and appointed officers, agents, employees, consultants, Kipland Howard and Allegis Development Services, Inc. (collectively herein the "lndemnitees"), from and against all claims, demands, causes of action, damages, injuries, liabilities, losses and expenses (including, without limitation, reasonable attorneys' and consultants' fees and expenses) of any kind whatsoever, arising in whole or in part out of or resulting from D/B's performance of this Agreement, D/B's breach of this Agreement, or the alleged negligent acts or omissions of D/B, its architects, engineers, other professionals and consultants, Contractors, suppliers or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable. The obligations of the D/B under this paragraph for errors or omissions, including those of the design professional subcontractors, which includes the Design Subcontractors, consultants, agents and employees thereof ("Design Subcontractors"), which arise from (1) the preparation or approval of maps, drawings, opinions, reports, surveys, designs or specifications, or (2) the giving of or the failure to give directions or instructions shall not be limited to the amount of coverage provided for in the professional liability insurance policy. If City is fully reimbursed by DB's insurance for any loss covered by this paragraph, D/B shall have no further obligation for such loss. 25.2 D/B's obligation to indemnify under section 25.1 shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, to the extent that such is the result of the active negligence or the willful misconduct of an Indemnitee. D/B's obligation to defend under section 25.1, if not covered by the insurance to be provided on the Project, shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, or causes of actions, to the extent that such are caused by the active negligence or the willful misconduct of the Indemnitee, and from no other cause. 25.3 The D/B agrees, notwithstanding the above to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its elected and appointed officers, employees, agents and consultants from and against any and all claims, suits, demands, liabilities, losses, or costs, including reasonable attorney's fees and defense costs, resulting or accruing to any and all persons, firms, and any other legal entity, caused by, arising out of or in any way connected with the detection, presence, handling, removal, abatement, capping, subsequent migration of, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the jobsite, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory 52 11/16/2001 9:50 AM j:\attomey\agree\DesignBuild Rev12.doc liability or any other cause of action. D/B's obligation regarding asbestos or hazardous or toxic substances, products or materials shall be limited to the proper removal within the Project boundaries and the proper disposal of such materials. Section 26: Right to Terminate and Suspend Work 26.1 City may, at any time and without cause, suspend the Project or any portion thereof for a period of not more than ninety (90) days by written notice to D/B. D/B shall resume the Project on receipt from City of a Notice of Resumption of Work. D/B may submit a request for a change in the GMP or of the Contract Time, or both, directly attributable to the suspension as provided in Sections 15 and 18. 26.2 Archaeoloqical and Paleontoloqical Discoveries - If a discovery is made of an archaeological or paleontological interest, D/B shall immediately cease operations in the area of the discovery and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall be as directed by City. 26.2.1 Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with cultural significance. 26.2.2 D/B shall be entitled to an extension of time and compensation in accordance with the provisions of this Agreement. 26.3 Termination of Agreement by City for Cause - If, through material breach, D/B shall fail to fulfill in a timely and proper manner D/B's obligations under this Agreement, or if D/B 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 D/B of such termination and specifying the effective date thereof at least fourteen (14) days before the effective date of such termination. D/B shall have fourteen (14) days in which to cure. If D/B cures or makes a reasonable effort to cure within said 14 days, this Agreement shall remain in full force and effect. If D/B fails to cure to City's satisfaction, all finished or unfinished documents, data, studies, drawings, maps, plans, specifications, reports and other materials prepared by D/B, or any of its agents, Design Consultants or Subcontractors, shall, at the option of the City, become the property of the City, and D/B 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 amounts payable hereunder, and less any damages caused by D/B's breach. 53 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 26.3.1 In the event the Agreement is terminated in accordance with this Section, City may take possession of the Project and may complete the Project by whatever method or means City may select. 26.3.2 If the cost to complete the Project exceeds the balance which would have been due, D/B shall pay the excess amount to City. 26.3.3 Rights of City Preserved - Where D/B's services have been so terminated by City, the termination will not affect any rights or remedies of City against D/B then existing or which may thereafter accrue. Any retention or payment of moneys due D/B by City will not release D/B from liability. It is agreed that termination hereafter will not in any way release, waiver, or abridge any rights the City has against D/B's performance bond surety. 26.3.4 Any dispute as to the amount due or owed to D/B upon termination under this section, shall be resolved in accordance with Section 33. 26.4 Termination for Convenience by City - City may terminate this Agreement at any time and for any reason, by giving specific written notice to D/B of such termination and specifying the effective date thereof, at least seven (7) 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, D/B shall be entitled to receive just and equitable compensation for any satisfactory Work completed to the effective date of such termination. D/B hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 26.4.1 Upon receipt of the Notice of Termination, D/B shall take any action that may be necessary, or that the City Manager may direct, for the protection and preservation of the property related to this Agreement that is in the possession of D/B and in which City has or may acquire an interest. 26.4.2 Payment to D/B Due to Termination - D/B and the City Manager may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a fee 54 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc proportional to the percentage of work satisfactorily completed. However, the agreed amount, exclusive of costs shown in section 26.4.6 below, may not exceed the total dollar amount authorized by City as reduced by the amount of payments previously made. If termination occurs during Phase I, II, or III, D/B shall only be entitled to the Fees for Phases I, II, or III, or a portion thereof, and no amount for Phase IV or V D/B Fixed Fee, except for Phase IV and V D/B fixed fee proportional to the percentage of work satisfactorily completed and authorized pursuant to Section 7.10. 26.4.3 Failure to Agree on Payment - If D/B and City fail to agree on the whole amount to be paid because of the termination of Project, City shall pay D/B the fair and reasonable amounts determined in good faith by City as follows, but without duplication of any amounts agreed to above: 26.4.3.1 The price for completed services accepted, including any retention, by City not previously paid; 26.4.3.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory expense allocable thereto. These costs are only for Work completed and accepted by the City based on an audit of all Contractors' bills of materials and the timecards for Work actually performed; 26.4.3.3 A portion of the D/B Fixed Fee (overhead and profit) based on the percentage of Work completed on the Project; however, if D/B would have sustained a loss on the entire Agreement had it been completed, City shall allow no profit under this section and shall reduce the settlement to reflect the indicated rate of loss; 26.4.3.4 D/B and Design Subcontractor services through the date of termination shall be paid based on actual time spent as documented on timecards. Expenses shall be paid based on invoice and receipts provided by D/B; 55 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 26.4.3.5 Under no circumstances will D/B be entitled to any consideration for lost profit or lost opportunity costs. 26.4.4 If D/B does not agree that the amount determined by the City Manager is fair and reasonable and if D/B gives notice of such disagreement to City within thirty (30) days of receipt of payment, then the amount due shall be as later determined pursuant to the Dispute Resolution procedures in Section 33. 26.4.5 Payment for Property Destroyed, Lost, Stolen or Damaged - Except to the extent that City expressly assumed the risk of loss, the City Manager shall exclude from the amounts payable to D/B under this Section, the fair value, as determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to City. 26.4.6 Deductions - In arriving at the amount due D/B under this section, there shall be deducted: 26.4.6.'1 Any claim which City has against D/B under this Agreement; and 26.4.6.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by D/B or sold under the provisions of this clause and not recovered by or credited to City. 26.4.7 Records and Documents Relafinq to Termination - Unless otherwise provided in the Agreement or by statute, D/B shall maintain all records and documents relating to the terminated portion of this Agreement for three (3) years after final settlement. This includes all books and other evidence bearing on D/B's costs and expenses under this Agreement. D/B shall make these records and documents available to City, at D/B's office, at all reasonable times, without any direct charge. If approved by the City Manager, photographs, electronic files, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. 26.5 Termination of Agreement by D/B 56 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc 26.5.1 D/B may terminate the Agreement upon ten (10) days written notice to City, whenever: 26.5.1.1 The Project has been suspended under the provisions of Section 26.1 or 26.2, for more than ninety (90) consecutive days through no fault or negligence of D/B, and notice to resume Work or to terminate the Agreement has not been received from City within this time period; or, 26.5.1.2 City should fail to pay D/B any monies due it in accordance with the terms of this Agreement and within ninety (90) days after presentation to City by D/B of a request therefor, unless within said 10-day period City shall have remedied the condition upon which the payment delay was based. 26.5.2 In the event of such termination, D/B shall have no claims against City except for those claims specifically enumerated in Section 26.4.6, herein, and as determined in accordance with the requirements of said Section. Section 27: Independent Contractor 27.1 D/B and any Design Consultant, Contractor, Subcontractor, agent or employee of D/B, shall act as an independent contractor and not as an agent, officer or employee of City. Except as expressly provided in this Agreement, City assumes no liability for D/B's actions and performance; in particular, but without limitation, City assumes no responsibility for paying any taxes, bonds, payments or other commitments, implied or explicit, by or for D/B. D/B acknowledges that it is aware that because it is an independent contractor, City is making no deductions from the fees for services being paid to D/B and that City is not contributing to any fund on the behalf of D/B. D/B disclaims the right to any type of additional fee or benefits. Section 28: Independent Judgment 28.1 Unless otherwise directed in writing by City, D/B shall, in providing the professional services required by this Agreement, arrive at conclusions with respect to the rendition of information, advice and recommendations, independent of the control and direction of City, other than normal contract monitoring; D/B, however, shall possess no authority with respect to any City decision beyond rendition of such information, advice and recommendations. D/B shall not have the authority to 57 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc act as an agent on behalf of City unless specifically authorized to do so by City in writing. Section 29: Maintenance of Records and Accounting 29.1 D/B shall maintain, during the Project and for a period of three (3) years after completion of the Project, accurate and organized records of all costs of any type and all services performed under this Agreement. City will have the right at any time, including during the performance of all Phases of the Project to audit and copy all such records. 29.2 D/B acknowledges that this Agreement is to be administered as "open book" arrangement. D/B shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in this agreement. During the performance of the Project and for a period of three years after final payment, pursuant to Section 16.6, City and it's agents shall be afforded access from time to time, upon reasonable notice, to records, books, correspondence, receipts, subcontracts, subcontractor invoices, purchase orders, vouchers, memoranda and other data relating to the project, all of which D/B shall preserve for a period of three years after final payment. Section 30: Ownership of Documents 30.1 Any and all materials and documents, including but without limitation all drawings, specifications, computations, technical data, designs, plans, investigations and reports, as well as all information and data contained on electronic or magnetic media, prepared by D/B, Design Consultants, any Subcontractor or member of the D/B Team pursuant to this Agreement, shall be the sole and exclusive property of City in accordance with section 30.2 of this Agreement, and D/B shall deliver such materials and documents to City whenever requested to do so by City. However, D/B shall have the right, at its own expense, to make duplicate copies of such materials and documents for its own files, or other purposes as may be expressly authorized in writing by City. No such authorization need be obtained for D/B to show a potential client these documents, however, any other use must be authorized by City. Said materials and documents prepared or acquired by D/B pursuant to this Agreement (including any duplicate copies kept by D/B) shall not be shown for a period of five (5) years after completion of this Project to any other public or private person or entity, except as authorized in writing by City. D/B shall not disclose to any other public or private person or entity any information regarding the activities of City, except as expressly authorized in writing by City. 58 11/16/2001 9:50 AM j:\attorney\agree\Design Build Rev12.doc 30.2 City acknowledges D/B's Construction Documents as instruments of professional service. Nevertheless, the Construction Documents prepared under this Agreement shall become the property of the City upon completion of the Work and payment in full of all monies due to the D/B or upon termination of this Agreement. The City agrees, to the fullest extent permitted by law, to indemnify and hold the D/B harmless from any claim, liability or cost (including reasonable attorney's fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of the Construction Documents by the City or any person or entity that acquires or obtains the Construction Documents from or through the City without the written authorization of the D/B. Section 31: Force Majeure 31.1 Any party to this Agreement may be excused for any delay or failure to perform its duties and obligations under this Agreement, except for obligations to pay money, but only to the extent that such failure or delay is caused by an Event of Force Majeure as set forth in section 31.2. If an Event of Force Majeure set forth in section 31.2 causes a delay or failure in performance of only a portion of the obligations of a Party under this Agreement, then only that portion of performance which was delayed or prevented by such cause shall be deemed excused, and the performance of all other obligations of a Party not so delayed shall not be excused by an Event of Force Majeure. Delay or failure in performance of all other obligations of a Party not so delayed shall not be excused by such Event of Force Majeure. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in section 31.2 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event. 31.2 An Event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike or labor dispute for which D/B is not responsible, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby. However, D/B, in developing the GMP and Master Development Schedule, has incorporated seven (7) days for anticipated adverse weather days that may disrupt work on the Project; D/B shall be entitled to relief under this Section for adverse weather only to the extent adverse weather days exceed this amount of days. 59 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12,doc 31.3 A Party shall give written notice to the other Party as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within ten (10) working days after Party becomes aware of such delay or failure. 31.4 Upon request of D/B, City shall ascertain the facts and extent of the delay or failure to perform. If City determines that any delay or failure to perform results from one or more of the causes above, the schedule shall be revised. 31.5 No Event of Force Majeure shall be a basis for monetary adjustment to the GMP. Costs incurred by the D/B as a result of a Force Majeure Event will be reimbursed according to the terms of this Agreement from the Contingency Fund. Section 32: Hazardous Materials 32.1 It is acknowledged by both Parties that the D/B's scope of services does include services related to removal of any existing asbestos or hazardous or toxic materials as detailed in Phase I Environmental Site Assessment and Asbestos and Lead Survey, dated April 19, 2001; Asbestos and Lead Survey Project Summary Report, dated April 20, 2001; an Phase II Environmental Site Investigation, dated May 2, 2001, provided by Design for Health. In the event the D/B or any other party encounters additional asbestos or hazardous or toxic materials at the Project Site, or should it become known in any way that such materials may be present at the Project Site or any adjacent areas that may affect the performance of the D/B's services, the D/B may, at his or her option and without liability for consequential or any other damages, suspend performance of services on the Project until the City retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrant that the Project Site is in full compliance with applicable laws and regulations. Section 33: Disputes 33.1 All claims, counterclaims, disputes, and other matters in question arising under, or relating to, the Agreement or the breach thereof shall be processed in accordance with the provisions of this Section, unless specifically addressed by another provision of this Agreement. 33.2 D/B shall submit its written request for a Change Order to City pursuant to Section 15. City shall make an initial determination on D/B's request in writing within 15 days of receipt of request and all supporting data. Said Change Order shall be made in good faith and accurately reflect the adjustment in GMP or Contract Time for which D/B believes City is liable, and covers all costs and delays to which D/B 60 11/16/2001 9:50 AM j:\attorney\agree\DesignBuiid Rev12.doc believes it is entitled as a result of the occurrence of the claimed event. All requests for adjustment in Contract Time shall include an analysis of the Master Construction Schedule and the impact of the claimed work on specific activities on the Master · Construction Schedule. 33.3 Should D/B disagree with City's initial determination, D/B may request a final determination in writing within 15 days of receipt of City's initial determination. 33.4 City shall make a final determination within 15 days after receipt of D/B's written request for final determination and any requested additional supporting data. 33.5 If D/B disagrees with City's final determination, D/B shall file a claim in writing 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 the same. 33.6 Pending final resolution of any claim, including litigation, D/B shall proceed diligently with performance of the Project, and comply with any direction of City. Section 34: Notices 34.1 All notices, demands or other communications hereundershall be given or made in writing and shall be delivered personally or sent by courier or registered or certified mail, return receipt requested, postage prepaid, addressed to the Party to whom they are directed at the following addresses, or at such other addresses as may be designated by notice from such Party: (i) To CITY: Sid Morris Assistant City Manager 276 Fourth Avenue Chula Vista, CA 91910 Tel: (619) 691-5031 Fax: (619) 409-5884 Elizabeth Wagner Hull Deputy City Attorney 276 Fourth Avenue 61 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc Chula Vista, CA 91910 Tel: (619) 691-5037 Fax: (619) 409-5823 Samir Nuhaily Senior Civil Engineer 276 Fourth Avenue Chula Vista, CA 91910 Tel: (619) 691-5259 Fax: 619) 585-5608 (ii) To D/B: J. David Gardner, Principal Highland Partnership, Inc. 285 Bay Boulevard Chula Vista, CA 91910 Tel: (619) 498-2900 Fax: (619) 498-2970 Any notice, demand or other communication given or made solely by mail in the manner prescribed in this Section shall be deemed to have been given and to be effective three (3) days after the date of such mailing; provided, however, that any notice, demand or other communication which would otherwise be deemed to have been given on a day which is not a working day shall be deemed to have been given on the next subsequent working day. Section 35: Miscellaneous Terms 35.1 Representations: Each Party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Agreement is being made without reliance upon any statement or representation of any other Party not contained herein, or any representative, agent or attorney of any other Party. 35.2 Severabilit¥: If any term or condition of this Agreement is held to any extent to be invalid or unenforceable, all the remaining terms and conditions shall be enforceable to the fullest extent permitted by law. 62 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12,doc 35.3 Entire Agreement: This Agreement contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Agreement. There is no otherwritten or oral understanding between the Parties. No modification, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the Parties hereto. 35.4 Drafting Ambiguities: The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties hereto. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 35.5 Applicable Law: The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for mediation, arbitration and/or actions arising out of this Agreement shall be in the City of San Diego, California. 35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission by the Parties hereto in exercising any right or remedy provided for herein shall constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a waiver of any such right or remedy on any future occasion. 35.7 Effect of Headin.cls: Headings appearing in this Agreement are inserted for convenience of reference only, and shall in no way be construed to be interpretations of the provisions hereof. 35.8 Amendments: This Agreement may be modified, amended or supplemented only by the mutual written agreement of the Parties hereto. 35.9 Authorization and Compliance: Each Party represents that it is duly authorized to execute and carry out the provisions of this Agreement. 35.10 Further Assurances: The Parties agree to do such further acts and things and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in the manner contemplated hereby. 35.11 Counterparts: This Agreement may be executed by the Parties in one or more counterparts, all of which taken together shall constitute one and the same 63 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc instrument. The facsimile signatures of the Parties shall be deemed to constitute original signatures, and facsimile copies hereof shall be deemed to constitute duplicate original counterparts. 35.12 Exhibits and Glossary of Terms: All Exhibits and Glossary of Terms are incorporated herein by reference into this Agreement. 35.13 Third Party Beneficiary: Nothing within the this Agreement shall create a contractual relationship between the City and any third party. 64 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc SIGNATURE PAGE TO DESIGN/BUILD AGREEMENT CITY OF CHULA VISTA HIGHLAND PARTNERSHIP, INC. Shirley Horton, Mayor ~. David Gardner ATTEST: Susan Bigelow, City Clerk lan Gill Approved as to form by 3ohn~n~. Kaheny, City ¢~rney 65 11/15/2001 11:09AM I j:\attomey\agree\DesignBuild Rev12.doc EXHIBIT LIST Exhibit I Master Plan Exhibit 2 Master Development Schedule Exhibit 3 Highland Consultants and Fee Schedule Exhibit 4 Basis of Design and Addendum Exhibit 5 Unused Exhibit 6 Guaranteed Maximum Price Summary Exhibit 7 Certificate of Completion Exhibit 8 D/B Construction Management Worksheet 66 11/16/2001 9:50 AM j:\attorney\agree\DesignBuild Rev12.doc GLOSSARY OF TERMS · The following Glossary of Terms is designed to provide in a single location the defined terms used in the Agreement and Supplementary Conditions. In the event of any conflict between the following and the definitions set forth in the Agreement and Supplementary Conditions, those in the Agreement and Supplementary Conditions shall take preference. Additional Services. Services which the City has authorized the D/B to perform and which are beyond the scope of work as set forth in the Agreement. Additive Costs. Any cost above that which would normally be found in a competitive bid situation. Agreement. The Design/Build Agreement including all attachments between City and D/B. Certification of Completion. The document, by which D/B certifies that the Project has been fully completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project. Certificate of Occupancy. The document issued by City authorizing occupancy of the entire Project. Certificate of Substantial Completion. The document issued by City after it reasonably determines the Project has achieved Substantial Completion as defined in Section 17.1 of the Agreement. Change Order. A written amendment to the Agreement executed by City and D/B modifying the terms of the Agreement pursuant to the terms of Sections 9, 15, 18 and 20. City. City shall refer to the City Representative, Agent and/or City Inspection Representative. City Representative. Samir Nuhaily shall be the initial City Representative. The City Manager will notify D/B in writing of the name of any successor City Representative and D/B shall be entitled to rely upon the directions of the current City Representative until receipt of said written notice. The City Representative shall act on behalf of the City with respect to this Agreement unless the Agreement provides otherwise. D/B shall not make any modifications to the Project unless directed by the designated City representative. -1- Construction Documents. D/B's architectural, structural, mechanical, electrical, ptumbing plans and details as well as the plans showing installation of major systems, equipment, fixed furnishings and graphics, the technical specifications and all other technical drawings, schedules, diagrams and specifications, necessary to set forth in detail the requirements for construction of the Project. Contingency Fund. The funds designated in Exhibit __ which may be used with City approval for all costs included within the GMP, except for the Highland Partnership fee. Contractor. Any person or entity with whom the D/B or City contracts or subcontracts for construction of the Project. Contract Amount. The dollar amount authorized by the Chula Vista City Council to be paid to the D/B as consideration for full performance under the terms of this Agreement which includes the GMP and Reimbursable Costs. Contract Time. The time within which D/B has to complete all Work and services under the Agreement, which commences with the execution of the Agreement and ends with the Final Completion Date. Day. Is a working day, unless specified otherwise. Defective Work. Work on the Project which is not in compliance with the Construction Documents. Design Builder. D/B including but not limited to consultants, subconsultants, contractors, subcontractors, employees, agents or any other person or entity working for or on behalf on D/B. Design Subcontractors. The architects, engineers and other design professionals contracting with the City or D/B to perform design services for the Project. D/B Fixed Fee. The fixed sum which D/B shall receive as full compensation for performance of all services and obligations under this Agreement, including all costs of any type incurred by D/B; but not including (1) Hard Construction Costs, and (2) Reimbursable Costs, (3) D/B Contingency Fund. Event of Force Majeure. The type of event defined in Section 31 of this Agreement. -2- Final Completion. The date on which the last of the following events occurs: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by D/B to City under this Agreement, including but not limited to as-built drawings, warranties, and operating manuals: (5) and delivery to City of a Certification of Completion duly verified by D/B. Final Payment. Payment to D/B 35 days after date of Final Completion as set forth in Section Guaranteed Maximum Price (GMP). The guaranteed maximum price ( herein "GMP") which D/B shall be paid by City for all Hard Construction Costs and D/B Fixed Fee as set forth in of Exhibit __ for the complete design and construction of the entire Project as specified. Hard Construction Costs. All costs D/B incurred in contracting actual construction Work on the Project for the performance of the Work on the Project including a Contingency Fund, as set forth in of Exhibit __; but specifically does not include: (1) costs associated with the design and construction management services to be performed by D/B under this Agreement or (2) costs incurred due to D/B's negligence or failure to perform according to the terms of this Agreement, including, but not limited to, failure to adequately supervise the Project, use of materials which do not comply with the Construction Documents. Management and Implementation Plan. D/B's detailed description of all necessary procedures and methods to be utilized by D/B in performing its construction services under Phase IV of this Agreement. Master Construction Schedule. D/B prepared and City approved Master Construction schedule for Phase IV showing all major milestones, bid dates for major bid packages, commencement of construction, sequence of construction, completion of structural elements, completion of the exterior of the building, which shall conform with the dates of Substantial Completion and Final Completion of Project. D/B will update the schedule as required by the Agreement. Notice of Completion. City document issued after Chula Vista City Council formally accepts the Project. Onsite/Offsite. Refers to Project Site, unless otherwise indicated. Party. The Parties to this Agreement, The City of Chula Vista ("City"), and Highland Partnership, Inc., ("D/B"). -3- Phase I. Phase I shall consist of all services and events described or implied in Section 5 of the Agreement, including but not limited to preparation of schematic design documents, FF&E Matrix and cost estimates. Phase II. Phase II shall consist of all services and events described or implied in Section 6 of the Agreement, including but not limited to the preparation of Design Development Documents, outline specifications and cost estimates. Phase III. Phase III shall consist of all services and events described or implied in Section 7 of the Agreement, including but not limited to the preparation of 100% Construction Documents, Master Construction Schedule, preparation of GMP Finalized Management and Implementation Plan and determination of need for and conducting of additional subsurface investigation. Phase IV. Phase IV shall consist of all services and events described or implied in Section 8 of the Agreement, including but not limited to conducting competitive bidding for the Work, and the construction and completion of the Project. Project. The design and construction of a completed and fully functional Police Facility, parking structure, and on and off site improvements as more fully described on the Police Department Master Plan. Project Budget. The amount of money authorized by the Chula Vista City Council to be expended on this Project, including the GMP, Reimbursable Costs and all other City costs. Project Site. All areas where Work is to be performed pursuant to this Agreement as shown in the Construction Documents. Reimbursable Costs. Includes the premiums for Performance Bond and Payment Bond furnished by D/B pursuant to Section 10 of the Agreement, the net premiums (less any premium returns) for the insurance, including costs for insurance brokers, deductibles, Safety Program and consultants which D/B is required to purchase and maintain pursuant to Section 11 of the Agreement, the cost of all necessary permits obtained by D/B for the Project pursuant to Section 3.1.11 of the Agreement, the costs of subsurface investigations performed pursuant to Section 13 of the Agreement, costs for extension of warranties pursuant to Section 22.5.6 of the Agreement, and Safety Program pursuant to Section 11.5 of the Agreement. Small Tools. Mobile items less than $1500 in total value. -4- Substantial Completion. The date on which (1) the progress of construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can occupy and utilize the entire facility for Police activities and (2) all goods and services to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject to final testing, balancing and adjustments and a Final Completion punch list Work. Work. All services, labor, materials, supplies, and equipment necessary for D/B, Contractors and consultants to complete the Project. J:~Attorney\Ehull\Design Build glossary -5- ITEM 13 ATTACHMENTS & EXHIBITS ON FILE IN THE CLERK'S OFFICE (> YlHlÍ5IT 3 Highland Partnership, Inc. PROJECT, Police Heedquarte,e LOCATION, Chula Vlata Revleed, 11/13101 Osslgn snd Englne"'ng Schedule P,oJact Timing - Msy 2001 to Ap,II 2004 Iinciudes Osslgn snd Englnae"ng to' Right ot Way Imp,ovemento) OESCRIPTION OF WORK OESiGNER SUSTOTALS 'CHEMATIC DESIGN CONSTRUCTION CONSTRUCTION ENGINEER 14T,533 DESIGN DEVELOPMENT DOCUMENTS AOMIN'STRATION VENDOR ASF Pho,,' Ph"", Pho"", Pho",V , G~'~h"œ"E",'~~""SI"p,...",oo C'TY&""ooF~Hu'. 0 0 0 0 2 "'wE"o~~'T'ctm""""'~'h" ,.""", W"~ Lowri, 2",8" 68,11' 70,'" 59,385 ",m 3 ^""""",,'Ou', C"ri"Joh,~ ',"',200 "',200 3rt,'OO 576.400 320,BOO . '"""""Eoo,,,,,,""""'"' , M"," & M"', 2",000 ",000 ",000 '22,000 ",000 5 C'"'E","urioo,"dOu<, Pro""""ooCo,~""," '89,BOO ",000 ",000 ",000 ",BOO 6 HVACE",""", ",dO"", GEM '09,500 ",000 35,000 ",BOO 10,000 ; p"mbO', E'""","o ,"d 0"", GEM "',500 ",000 35,000 ",BOO 15,000 8 """'œ'E' '-"00 ,"d "'"" "'.Zomm" "0,;00 8,200 5O,BOO ',",900 33,'00 , ~ 0 0 0 0 0 10 E""'hm, ,,'" Coo, Coo,"". """m". E",'mo. 0", "'m,""A"",~ ",900 ".900 0 0 0 " M'~. ""'~"'"" ,"d "'""" VAR'OUS " """'d"'.B,'" ".000 0 0 0 ".000 03 "',,"""'"""" ".000 '5.000 15,000 15.000 " ""'PM"",""', 10.000 0 0 0 10.000 15 C"","w,"Co,,"""" V'mM,"~Co'~""" ".200 0 0 5.000 03.200 15 W,"~="oo & Rooh" Coo,"""" M,",'""",W","",O" '"-"" B< 0 0 0 0 " ADA COM'""" I 30.000 0 0 30.000 0 " W,"dowW"h"",.RooM,O""~"m"" I 15.000 0 0 15.000 0 '" C'"R,,"wooo~,"""'o"""""o""'."3O""o"h' F",..."""G,"""'R,,,",o~' 0 0 0 0 20 8 oomp"""" 0' 000'"",,",,, doo,mo"" '" C, 3.000 0 0 3.000 0 " ,""""ooo,m,""'P"""..d,""'" F""d.ro"h""""R"",~", 0 0 0 0 22 Comm""'OO'.,"""To"' C"Coo~","" C,;y 0 0 0 0 23 '..""œo"MCOM,""" W""FF&E C'TY 0 0 0 0 " A,dOo'V,,"", W'.FF&E C'TY 0 0 0 0 " U h", .WI.','ho,y",~,F'm'~P""'OM W'.FF&E C'TY 0 0 0 0 " T"""E',"ro'~""",d,Co", C, Co,~"",. C'TY 0 0 0 0 " 'F8E.',""'loo"'oo",m,","""""'"'" ByC'" 0 0 0 0 " To"",ooo,.",h,"d',"_"" ByC,"y 0 0 0 0 29 Co~""""'OO'O"C~"""y"~"" ',"d'~,"""'otio, B,C'" 0 0 0 0 30 FF&E.G",h.",",'.S,",o""""'-"'""""""o'P",,",'~M B,C" 0 0 0 0 " R"oo".'Coo~"o",,"d'o'Mo..MoM'O~' "C" 0 0 0 0 32 O"",Ph"oR,;mb"","""'% ALL 305.38; ".276 ".'" "'.'"0 ".,,; 33 Oo",""o"E"",,""O"o'"'.'&""""'~OY IST.OO3 ".835 ".00' 83.68' 30.59' " Ou' '&"o,",,""OP""-~'-' """",.Co","'oo, 0 0 0 0 38 '","."'O"",,"d '00"""", Co", 3.202.'" '59.530 895.52; '."'.'" 613.593 38 To"""'_""E',"""""C.." 3T 0" ""'"""'dE-."""B" , ""8.'" 38 "',"",roO'O'M'O,,"""'" "5.'50 39 """'0,,, '""dE""""""Co", 3.202.'" '" '0""" ROW"E 0 " P."'Fo.""'dA"oo""""'Wo,",A&E 3.202.'" P,'",O,"'11'5/2oo, ""AM FI'" ",'" F.. "'h""'" """ 8."" 0"", Cœ'S"mm'~"'¡"d"" SCH~F RATES MATRIX Highland Partnership, Inc, YEAR 2001 POSITION liTEM Hourly & % Rates Updated: 8/9/01 Design and Engineering Personnel The following hourly rates will be utilized for additional scopes of work. Listed Rates are for Calendar Year 2001. A 5% increase per year will be added for future work. Lump sum prices for specific changes in the scopes of work will be provided based on these unit prices. Carrier Johnson Design and Engineering Personnel Managing Principal Architect / Engineer Senior Principal/Director Architect / Engineer Senior Associate Architect / Engineer Senior Project Manager Senior Project Designer Project Manager Senior Interior Designer Project Architect - Levell! Project Architect - Levell Project Designer Interior Designer Architect Job Captain Designer Junior Designer 2 Draftsman / Cadd Operator Junior Designer 1 Administration Assistant Specifications Landscape Project Manager Landscape Project Coordinator Landscape Architect Graphic Artist I Designer 2 Graphic Artist / Designer 1 Support Staff 195.00 165.00 150.00 140,00 140,00 110,00 110.00 110.00 95,00 95.00 95.00 80,00 80,00 80,00 75.00 75.00 65,00 65,00 90.00 110.00 90,00 85,00 85,00 75,00 55.00 McClaren Wilson Lawrie Design and Engineering Personnel Managing Principal Architect / Engineer Senior Principal/Director Architect / Engineer Senior Principal Programmer Principal Designer Project Manager Project Designer Project Architect Designer CaddiArchitect Draftsman / Cadd Operator Administration Assistant Support Staff 150,00 150,00 135,00 135,00 100.00 90,00 85,00 75.00 75.00 75,00 60,00 60,00 Highland Partnership, Inc, Rates Matrix A Page 1 of 3 SCH~ - 41""-AA TES MATRIX Highland Partnership, me, YEAR 2001 POSITION J ITEM Hourly & % Rates' Updated: 819/01 Design and Engineering Personnel The following hourly rates will be utilized for additional scopes of work. Listed Rates are for Calendar Year 2001. A 5% Increase per year will be added for future work. Lump sum prices for specific changes in the scopes of work will be provided based on these unit prices. Project Design Consultants - Civil Engineering Managing Principal Project Manager Senior Project Engineer Senior Design Manager Civil Engineer Design Engineer Associate Engineer Assistant Engineer Engineering Technician (Autocad) Support Staff 160.00 130,00 110.00 110.00 100,00 85,00 75.00 70,00 80.00 55.00 Martin & Martin - Structural Engineering Managing Principal Principal Division Manager Project Manager Project Structural Engineer Project Design Engineer Engineering Technician (Autocad) Support Staff 160,00 140.00 125.00 100,00 90.00 80,00 55,00 GEM - Mechanical Engineering Managing Principal Senior Associate Project Manager Project Engineer Project Design Engineer Engineering Technician (Autocad) Support Staff 150,00 120.00 100,00 85,00 75.00 75.00 55,00 ILA+Zammit - Electrical Engineering Managing Principal Senior Associate Project Manager Project Engineer Project Design Engineer Engineering Technician (Autocad) Support Staff 150.00 120,00 100,00 85.00 75,00 75.00 55,00 Highland Partnership, Inc. Rates Matrix A Page 2 of 3 SCHEDULE OF RATES MATRIX Highland Partnership, Inc, YEAR 2001 POSITION /ITEM Hourly & % Rates Updated: 8/9/01 Design and Engineering Personnel The following hourly rates will be utilized for additional scopes of work. Listed Rates are for Calendar Year 2001. A 5% increase per year will be added for future work. Lump sum prices for specific changes in the scopes of work will be provided based on these unit prices. Carrier Johnson Design and Engineering Personnel Managing Principal Architect / Engineer Senior Principai/Director Architect / Engineer Senior Associate Architect / Engineer Senior Project Manager Senior Project Designer Project Manager Senior Interior Designer Project Architect - Levell! Project Architect - Level I Project Designer Interior Designer Architect Job Captain Designer Junior Designer 2 Draftsman / Cadd Operator Junior Designer 1 Administration Assistant Specifications Landscape Project Manager Landscape Project Coordinator Landscape Architect Graphic Artist / Designer 2 Graphic Artist / Designer 1 Support Staff 195,00 165.00 150.00 140,00 140.00 110.00 110,00 110.00 95,00 95.00 95,00 80,00 80.00 80,00 75,00 75.00 65.00 65.00 90.00 110,00 90.00 85.00 85.00 75.00 55,00 McClaren Wilson Lawrie Design and Engineering Personnel Managing Principal Architect / Engineer Senior PrincipaJ/Director Architect / Engineer Senior Principal Programmer Principal Designer Project Manager Project Designer Project Architect Designer CaddiArchitect Draftsman / Cadd Operator Administration Assistant Support Staff 150,00 150,00 135,00 135.00 100,00 90.00 85.00 75.00 75,00 75,00 60.00 60.00 Highland Partnership, Ine, Rates Matrix A Page 1 of 3 SCHEDULE OF RATES MATRIX Highland Partnership, Inc. YEAR 2001 POSITION liTEM Hourly & % Rates Updated: 8/9/01 Design and Engineering Personnel The following hourly rates will be utilized for additional scopes of work. Listed Rates are for Calendar Year 2001. A 5% increase per year will be added for future work. Lump sum prices for specific changes in the scopes of work will be provided based on these unit prices. RNL Design - Offsite ROW Improvements Managing PrtncipallProject Director Senior Project Engineer Project Manager Project Architect Project Designer Project Engineers Project Planner Design Engineer Senior Engineertng Technician (Autocad) Engineering Technician (Autocad) Specification Writer Support Staff Highland Partnership. Inc, Rates Matrtx A 175.00 150.00 130.00 90,00 105,00 100,00 115,00 85,00 75.00 60.00 90,00 55,00 Page 3 of 3 1}1 HigWand BASIS OF DESIGN E)(tfIß 17 ~ CITY OF CHULA VISTA POLICE HEADQUARTERS FACILITY June 1, 2001 Prepared By HIGHLAND PARTNERSHIP, Inc. Design Build General Contractor CARRIER JOHNSON Architecture & Interior Design McCLAREN, WILSON & LAWRIE, INC. Architects in Public Safety MARTIN & MARTIN Structural Engineering GEM ENGINEERING, INC. Mechanical Engineering ILA + ZAMMIT ENGINEERING GROUP Electrical Engineering CHULA VISTA POLICE HEADQUARTERS Page 1 of 34 BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 --------- 1}1 HigWand CITY OF CHULA VISTA POLICE HEADQUARTERS FACILITY BASIS OF DESIGN Design Build Team HIGHLAND PARTNERSHIP Chula Vista, California Design/Build Prime General Contractor CARRIER JOHNSON San Diego. California Architecture Interior Design McCLAREN, WILSON & LAWRIE, INC. Phoenix, Arizona Detailed Space Programming Law Enforcement Technical Design RNL DESIGN Los Angeles, California Right of Way Improvements PROJECT DESIGN CONSULTANTS San Diego, California Civil Engineering SWA GROUP Laguna Beach, California Landscape Architecture MARTIN & MARTIN San Diego, California Structural Engineering GEM ENGINEERING, INC. San Diego, California Mechanical Engineering ILA + ZAMMIT ENGINEERING GROUP San Diego, California Electricai Engineering McKAY CONANT BROOK, INC, Westlake Village, California Acoustical Analysis / Engineering Media Systems EMSS - NORMENT INDUSTRIES Livermore, California Design Build Detention Security & Access Systems ORBCOM Fullerton, California Communications Wiring - Fiber Optic & Copper TRANS TECH SYSTEMS, INC. Irvine, California Security Consultant CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 2 of 34 1}1 Highland CITY OF CHULA VISTA POLICE HEADQUARTERS FACILITY BASIS OF DESIGN SUBMITTAL I. TABLE OF CONTENTS GENERAL PROJECT DESCRIPTION II. A. B, C, 0, Project Description Project Data Design Concept & Considerations Outline Project Scope OUTLINE SPECIFICATIONS Sitework Section 1/, Outline Specifications: (Superseded by Schematic Design Plans and Outline Specifications dated October 19, 2001) A. B, C, 0, E. F, G, Architectural Structural Mechanical Electrical Special Systems Conceptual Design Drawings & Images: Dated January 9th, 2001 1, 2, 3, 4, 5, 6, 7, 8. 9, 10, 11, 12, 13, 14, 15, 16. 17, 18, Site Plan / Roof Plan Basement Plan First Floor Plan Second Floor Plan Third Floor Plan Penthouse Floor Plan Site / Building Sections Building Exterior Elevations Architectural Perspective Vignettes Architectural Rendering Architectural Model Photographs Mechanical Chilled Water Flow Diagram Heating Hot Water Flow Diagram DOC System Architecture & Sequence of Operation Diagrams Chilled Water System Diagram Heating Hot Water System Control Diagram Air Handling Unit & VAV-Reheat Coil Control Diagrams Electrical Single Line Diagram AMENDMENT - RESOLUTIONS TO SCHEMATIC DESIGN COMMENTS BASIS OF DESIGN OF JUNE 1, 2001 CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 Page 3 of 34 1}1 Highland I. GENERAL PROJECT DESCRIPTION A. Project Description The new Chula Vista Police Headquarters Facility is proposed to be located at the southeast corner of the intersection of 41h Avenue and 'F' Street, Chula Vista, California, and extend eastward along 'F' Street for one block, The Chula Vista Public Library is located to the north of the site across 'F' Street; the Chula Vista Civic Center is located to the northwest across the intersection of 4'" Avenue and 'F' Street; a multilevel public parking garage to the east; and high density residential units to the south. The proposed site is currently occupied by retail development improvements. including buildings and surface parking facilities, which shall be vacated and demolished by the City in their entirety and the site cleared and made ready for all new Police Headquarters Facility structures, The Police Headquarters Office Building shall be composed of one (1) basement level and three (3) above-grade levels, Please refer to the Project Data information listed further in this section for a departmental breakdown of the areas within the building, The facility shall be supported by a multi-level parking garage to the east, one (1) subterranean level and two (2) above grade levels, On-site surface parking shall be located between the office building and 4'h Avenue, and shall be provided to accommodatè daily visitors and those customers with physical disabilities. B. Project Data 1, Applicable Codes: 2, Construction Type: 3, Number of Stories: 4, Use/Occupancy Type: 1998 California Building Code (I.e" 1997 UBC w/ California Amendments) (Other codes as referenced under the Structural, Mechanical and Electrical Sections of this document) Type 11- F,R,; Fireproofed braced.frame steel with two-hour rated concrete/metal deck composite flooring assemblies. Garage - Cast-in-Place post tensioned concrete structure, Three (3) above-grade with one (1) basement / subterranean Garage - (2) above grade and (1) level below grade. The entire facility is classified as a Division 1 "Essential Facility" per Table 16-K of the California Building Code, In addition to this master classification, uses identified within the building at this writing shall be designed and constructed to the requirements and occupancy separations, etc" as such: Assembly (A-3) Patrol Assembly Office (B) Majority of Spaces Institutional (1.3) Short-Term Holding Storage (S-1) Property Evidence Storage (S-3) Subterranean, mechanically ventilated parking garage level and Vehicle Exam area Above.grade, open-air parking garage levels Storage (S-4) CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 Page 4 of 34 111 HigWand I. GENERAL PROJECT DESCRIPTION (continued) B. Project Data (continued) 5, Square Footage: AREA Admin Services Operations Investigations Special Ops Fiscal Operations Research Support Total Program SF 32,370 30,877 14,514 3,220 1,847 27,594 110,422 STAFF 80 330 94 17 12 3 536 Note: 103,138 net Sf to be improved, The remaining 7,284 Sf will be shell space only, Circulation, Restrooms and Common Areas / Mechanical Property & Evidence Storage 30,144 Total Building (gsl) 140,566 'Term 'gsl' = Gross Measured Square Feet, including shafts and penetrations 6, Parking Data: 392 parking structure; 19 surtace; 411 total 7, Clear Height: . 16'.0" floor-to-floor dimension between First Floor and Second Floor a 14'-0" floor-to-floor dimension between Basement Level and First Floor; between Second Floor and Third Floor; and (nominally) between Third Floor and Roof Deck, 14'.8" at 3" Floor, Access Floor in Communications Room . Predominant finished (i.e" acoustical lay-in) ceiling heights shall be 9'.0" above finish floor surtaces 8, Maximum Exterior Building Height: 56'-0" (+/-) CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 5 of 34 1}1 Highland L GENERAL PROJECT DESCRIPTION (continued) C. DesiQn Concept & Considerations Relationship to the Civic Center Master Plan Interdepartmental Interaction The building's proximity to the heart of the Civic Center at the corner of 4th Avenue and 'F' Street promotes "one stop shopping" for visitors and continued intercommunication between police staff and the staff of other city departments, Significant Public Open Space The extensive plaza creates a significant exterior public space symbolic of the police department's imperative to reach out and nurture relationships with local communities, schools and neighborhoods, Gateway to the Heart of the Civic Center The building and site will be major participants in the renaissance of the civic center district, and they will establish a primary gateway to the heart of the civic center campus along 4th Avenue. Private, Secure Exterior Space for Staff By being completely enclosed, the terraced exterior courtyard for police staff and victims of crime provides a private, secure environment to circulate and gather sheltered from the direct scrutiny of visitors or people passing by the building, Layered Architectural Experience The layout of the building on the site, specifically the layering and distribution of a variety of public and private interior and exterior spaces, creates a more mysterious. engaging and welcoming architectural experience. The Nested Courtyard Concept State of the Art Work Environments through Energy Efficient Design The nested courtyard design concept will promote more pleasant, humane work environments for the police department staff, as well as exploit every opportunity for energy efficiency. CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 Page 6 of 34 1}1 Highland GENERAL PROJECT DESCRIPTION (continued) C. DesiQn Concept & Considerations (continued) The introduction of naturai dayiight to the majority of the workstations is improved through reduced fioor plate sizes on many fioors and wiil heip to reduce the quantity of required artificial iighting, The courtyard design gives us the ability to investigate the use of natural ventilation through operabie windows and the resuiting cross flow of air through the floor spaces of the building, The orientation of the buildings reduces the number of east and west facing surfaces that are typically the most difficult to protect from solar heat gain and often contribute to high heat loads in the morning and afternoon, Separate mechanical systems are being provided to continuously occupied spaces in the south wing and to the business day occupancies in the north wing, thereby increasing the opportunity for mechanical turndown and efficienc~ during off-business hours, Exterior walkways not only allow occupants to move between spaces of the building in the temperate climate of Chula Vista, but provide additional protection from solar heat gain on the south-facing perimeter as well as reduce the circulation areas that require air conditioning and heating, Identifiable and Protective Architectural Entry Elements A corner entry pavilion acts as a gateway to indicate pedestrian and vehicular entry to the civic center and could become a beacon identifying this special area from a distance. The attached covered walkway and handicapped ramp leading to the entry reach out to the corner to enclose and define the west edge of the plaza from the impact of 4th Avenue noise and traffic, Being the tallest element of the architectural massing, the entry is an unmistakable feature clearly attracting people to the front door of the facility both from the street and from the visitor parking area, Context Sensitive Massing and Materials The stepped massing on the south side of the building reduces the overall impact of the three story headquarters across from the existing residential condominiums, Pedestrian scaled building elements such as windows and sunshades, as well as their material treatment at the ground including stone tile detailing, will be used on the south to create a more pleasant street level pedestrian experience along Center Drive, CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 7 of 34 1}1 Highland I. GENERAL PROJECT DESCRJPTION (continued) C. Desiqn Concept & Considerations (continued) A more contemporary urban massing will be employed on the north to give the building a strong character and image and to energize a potentially higher traffic street between 4'h Avenue and 3" Avenue. The curved forms of the third floor soften the building's massing and reduce the effect of the police headquarters massing on it surroundings, Off-white and colored stucco and colored stone tile will be used to relate the police headquarters' architectural character to the clay tile and stucco treatments on the existing Civic Center Complex. Courtyard Reinforces Interaction and Sense of Community The curved forms on the courtyard step away from the building edge to create enlarged roof terraces for gathering as well as a dynamic, energetic pedestrian environment of which the staff can be proud, j Walkways and corridors connecting the north and south wings, on both the east and west sides of the courtyard, also facilitate interdepartmental communication and provide ample opportunities to meet informally or by chance within the facility, Multiple connections to the parking structure at each level improve staff circulation to and from their offices reducing overall travel times from parking, D. Outline Project Scope 1. Site Finishes: Integrally-colored concrete paving with natural stone accents, painted steel canopy structure & railings, central water feature, cast-in- place/painted site walls and planter boxes: precast concrete and/or coated steel site furniture (benches, trash receptacles, ash urns, etc,) 2, Exterior Building Finish Materials: Office Buildinq: Clear anodized aluminum curtain wall system framing with high performance glazing at all vision panels, Glazed panels shall be comprised of a mix of: opaque spandrel (2 types/colors): (1) reflective vision; (1) heavily tinted vision; and (1) lightly tinted vision. Refer to exterior elevations, Level 1 Ballistic Composite Panels, or CMU (grouted solid) from finished floor up to 48" at exterior areas exposed to the public, 1" & 2" Floors Only, Office Buildinq; Other opaque/non-vision elements of the exterior building skin shall be constructed of either an exterior insulated finish system (EIFS) or standard Portland cement plaster over metal lath, substrate and framing; and mechanically-supported natural stone tile panels (%" / 2cm nominal thickness, 2' x 4' and 2' x 2' panels, typical), Refer to exterior elevations, CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 Page 8 of 34 1}1 Highland GENERAL PROJECT DESCRIPTION (continued) D. Outline Project Scope (continued) 3, Roofing Materials: 4, Fire Suppression: 5, Building Interiors Finish Materials: Main Entrv Lobbv: Floors Base Walls Ceiling Millwork Lighting Office Areas: Floors Base Walls Ceiling Parkinq Structure: Cast-in-place concrete shear walls and columns with pattern reveals. painted, Precast Concrete; CIP; or Masonry Spandrel Panels and Perimeter Railings, 4.ply standard bituminous built-up roof over rigid insulation over metal deck, typical. Some elements, such as the light monitor on the north wing, may be constructed with standing seam copper roofing, Refer to the roof plan and exterior elevations, The entire building and enclosed/mechanically-ventilated areas of the parking structure shall be fully fire sprinkler protected. A Pre-Action System is included in the Communications Center: and "Suicide Resistant Heads" in the Holding Facility, Dry agent fire suppression systems are npt included, Terrazzo or Flamed granite pavers, 16" x 16" nominal x 3,<i" / 2cm thick, with polished granite accents over mortar setting bed over 3" depressed structural slab, 3,<i" / 2cm thick granite, 16" long x 8" high pieces to match flooring. thin set over gypsum board partitions Painted gypsum board; one (1) accent wall, premium wood paneling, full. height Suspended gypsum board with framed gypsum board soffits and accents, painted, Reception Desk (wood, glass, metals, plastic laminate, with Granite Top) Enclosed/Lockable Wall Displays Upgraded line voltage and low voltage recessed, incandescent fixtures with dimming controls, Decorative wall sconces, Carpet, direct glue installation ($23,00/ sq. yd, allowance, installed) 4" top set rubber. selection from standard colors Painted gypsum board Suspended acoustical ceiling tile and grid: USG "Olympia Clima Plus Microperf, White, 24" x 24", with GLB Fine Bevel edge, Class 'A' fire rating; Grid: USG "Centricitee", White, 9/16" CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 9 of 34 1}1 HigWand GENERAL PROJECT DESCRIPTION (continued) D. Outline Project Scope (continued) Short-Term Holdinq: Floors Base Walls Ceiling Toilet Accessories Plumbing Lighting Property Evidence: Floors Base Walls Ceiling Lighting Firearms Ranqe: Floors Base Walls Ceiling Lighting Vehicle Exam: Floors Base Walls Ceiling Lighting Concrete with sealed hard surface. Coved concrete with hard-surface epoxy coating Concrete or Concrete Masonry Unit (CMU) with epoxy paint. Painted Security Plaster Built-in to detention toilet fixtures Special Detention Combo Toilet/Lav, Fixtures Recessed strip fluorescent, translucent, high impact detention-type plastic prismatic lenses and steel security frames Concrete with/sealed hard surface 4" top set rubber, selection from standard colors Concrete Masonry Unit (CMU), painted. Open to structure above Chain and/or pendant-mounted strip fluorescent, translucent, high impact plastic prismatic lenses Concrete with sealed hard surface 4" top set rubber. selection from standard colors Concrete Open Structure with suspended Safety Baffles; sound insulation Recessed strip fluorescent, translucent, high impact plastic prismatic lenses, Other specialty lighting for range control illumination, as required. Concrete with sealed hard surface 4" top set rubber, selection from standard colors Concrete Masonry Unit (CMU) with epoxy painted finish, Open to structure above Chain and/or pendant-mounted strip fluorescent. translucent, high impact plastic prismatic lenses. Special overhead coiling lighting, for spot illumination, Wall mounted strip florescent lights with high impact lenses CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 11 of 34 $ Highland GENERAL PROJECT DESCRIPTION (continued) D, Outline Project Scope (continued) Patrol Lockers: Floors Base Walls Ceiling Crime Lab: Floors Base Walls Ceiling Lab Casework Lighting Non-Slip Ceramic Tile in Showers; Carpet in locker area. 6" cove, material to match flooring Painted gypsum board, semi-gloss enamel, with 48" high ceramic tile or "Marlile" wainscots at wet locations required by code Painted, suspended gypsum board, semi-gloss finish Heavy-duty chemical-resistant heat seamed, resilient flooring 6" cove material to match flooring, with aluminum edge trim (4" high at millwork) , Painted gypsum board, epoxy paint, with 48" high "Marlite" wainscots at wet locations fequired by code Suspended acoustical tile, washable vinyl-faced products, Plastic laminate over high-density, moisture-resistant fiberboard with chemical resistant Plastic Laminate .countertops, 2'x4' fluorescent with translucent plastic prismatic lenses CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 12of34 1}1 HigWand II. OUTLINE SPECIFICATIONS V ALUE ENGINEERING I ANALYSIS Value engineering alternates will be brought to the attention of the City for review and consideration, DIVISION 1 - GENERAL REQUIREMENTS All work shall be in conformance with all applicable codes and regulations, The Design Builder shall be responsible for coordination of all work to be performed and for conformance to the contract documents, DIVISION 2 - SITEWORK EARTHWORK Provide all grading and reshaping of existing site as required to achieve conformance with new finish grade elevations. Export of existing subsurtace soil, for the subterranean level, is required within the limits of the existing property lines, I SITE UTILITIES Provide all sewer, gas, water, storm drain, electrical, telephone and cable television (if available from the street) services and site fire protection as required by the City of Chula Vista Fire Department. LANDSCAPE IRRIGATION All landscaped areas shall be fully irrigated and be operated by a central automatic controller, Provide planter drainage, as required, LANDSCAPING Provide plant material and soil amendments per minimum City of Chula Vista landscape development guidelines and/or standards, WALfW-JAY FINISHES Natural color, 4" nominal thickness over natural grade, Enhanced paving at entry plaza and patio areas, Finishes shall be selected by the Architect and Landscape Architect. CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 sl June 2001 Page 13 of 34 1}1 Highland II. OUTLINE SPECIFICATIONS (continued) ASPHALT CONCRETE PAVING Asphalt concrete paving over Class II crushed aggregate base, Minimum thickness shall be 3" A.C, over 6" base at parking areas; 3-1/2" A.C, over 7" base at drives; 4" A.C over 8" base at fire and truck lanes; 6" concrete with #3 bars at 24" O,C, at truck aprons, Optional additional cost as specified per soils report, Provide sand seal finish and painted striping and graphics. PAVING CURB & MOW STRIPS All curb and gutters shall be constructed of concrete In accordance with City of Chula Vista Standards, DIVISION 3 - CONCRETE FOUNDATIONS Refer to the Structural Basis of Design in Section ILA FLOORS Refer to the Structural Basis of Design in Section ILA DIVISION 4 - MASONRY WALLS 8" x 8" x 16" CMU, solid grouted, at locations as noted in the Project Data sections above, DIVISION 5 - METALS STRUCTURAL FRAMING Steel beams and columns, base plates and connections; refer also to the Structural Basis of Design in Section ILA MISCELLANEOUS METALS Concrete panel embeds (if required), steel guards and metal pipe bollards, steel roof access ladder, security screening at parking structure and trash enclosure hardware shall be provided, METAL STAIRS All stair tread, riser and handrail assemblies, Concrete poured pan treads for Intra-office circulation, metal treads for remote stairs, CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised; 1 st June 2001 Page 14 of 34 1}1 Higlùand II. OUTLINE SPECIFICATIONS (continued) DIVISION 6 - WOOD AND PLASTICS FINISH CARPENTRY All counter tops and miscellaneous cabinetry (lobby desk, etc,) shall conform to the applicable requirements (for "Custom Grade") of the Manual of Millwork of the Woodwork Institute of California, The National Hardwood lumber Association, and The American Plywood Association, All kitchen countertops, cabinets and lavatory counters shall be laminated plastic; chemical resistant epoxy resin in the crime lab & stainless steel for weapons maintenance, DIVISION 7 - MOISTURE AND THERMAL PROTECTION MEMBRANE ROOFING All roofs shall be 10-year bonded and have a four-ply fiberglass built-up roofing system with cap sheet (i,e" Manville specification roofing 4 GNC). i BUilDING/SOUND & THERMAL INSULATION Provide fiberglass or mineral wool batt insulation with vapor barrier one side at spandrel glass, Insulation shall have R-19 value above office ceilings and R-13 value at walls separating "conditioned" spaces from "unconditioned" spaces only, Full thick batts at all toilet rooms. conference rooms and critical-privacy offices ROOF DRAINAGE Provide internally-situated roof and overflow drains, Roof drains shall connect to below grade storm drain where accessible or daylight at face of curb or building wall in loading areas, Minimum roof slope shall be 1/4" per foot. SEALANTS Utilize silicone-based sealants at all glazing conditions, Curtain wall panel joints shall receive polyurethane sealant with polyurethane backer rods, Sealants used in walking surfaces shall be pourable, non-hardening polyurethane type with sanded finish. The Architect and landscape Architect shall select colors, SHEET METAL Provide all sheet metal work for the building, complete; including reg lets and counter flashings for roofing, Materials shall be galvanized steel, 24-gauge minimum thickness, primed and painted with (2) coats exterior oil-based enamel. ROOF ACCESSORIES Provide roof hatches by "Bilco" Type S-20 (2'-6" x 3'-0"), CHUlA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 15 of 34 1}1 Highland II. OUTLINE SPECIFICATIONS (continued) DIVISION 8 - DOORS AND WINDOWS INTERIOR DOORS 3' -0" x 8' -10" x 1-3/4" solid core (rift cut oak, plain-sliced maple, plain-sliced cherry or plastic laminate), stained and prefinished door (Weyerhaeuser/Marshfield Door Systems) with prefabricated frames, extruded aluminum, as manufactured by Western Integrated Manufacturing (WIM), ACI (or Architect approved equal), Integral sidelights (1'-6" wide x door height) ENTRY DOORS Pair 3'-0" x 1-3/4" narrow stile aluminum and glass system, Frame finish shall be as specified in "Aluminum Framing" below, JAIL DOORS Sliding steel doors with detention view panels (glass over polycarbonite). STEEL DOORS Provide 18-gauge hollow metal steel doors, frames, and stops, Prime and paint (see Division 9, Painting), All fire-rated doors and frames shall comply with UBC requirements, HARDWARE All builders' hardware shall be a satin stainless steel finish, Lock and latch sets shall be equal to Schlage Heavy-Duty Mortise series, Best Access Systems 'H' Series (or equal) for exterior and secure areas and cylindrical locks or passage sets for offices and storage, All shall have accessible lever handle design, All fire rated doors and storefront entry doors shall be equipped with closers, All hardware shall meet State of California Title 24 and Federal ADA requirements for handicapped accessibility, Provide 10" high satin stainless kick plates at toilet room and locker room doors, Special detention hardware required in Holding Facility, High security locks in property/evidence and crime lab doors, ALUMINUM All typical extruded aluminum sections shall be 2" x 4-1/2" clear anodized with clear coat, offset flush glazed (silicone butt joint) system, Other sections may vary in size as determined during the Design Development phase of the project. GLASS & GLAZING Glass shall be selected and specified by the Architect from the following categories: Curtain Wall Glass: 1/4" High Performance Reflective or Tinted Vision 1/4" back-painted spandrel, (2) colors per elevations Miscellaneous: 1/4" clear vision Tempered Glazing: At all locations where required by the CBC, Ballistic glazing (L.H, Level II) at evidence return, Detention glazing (jail standard) for all areas in short term holding, CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 Page 16 of 34 1}1 Highland II. OUTLINE SPECIFICATIONS (continued) DIVISION 9 - FINISHES CARPETING Carpeting in private enclosed offices, open office areas and conference rooms shall be direct glue installation ($23,OO/sq,yd, allowance, installed), Install 4" top set rubber base VINYL FLOORING Vinyl composition tile (VCT) shall be 1/8" thick, Armstrong "Standard Excelon"; Sheet vinyl products vary and shall be specified according to the uses of each area, PAINTING All gypsum drywall shall be primed, then painted with two (2) coats of flat latex throughout. However, restrooms and lockers rooms, janitorial areas, etc" shall be painted semigloss latex. Special area finishes may vary, Exposed structural stee\ surfaces, hollow metal doors and frames and exposed steel interior columns shall receive primer and two (2) coats gloss enamel paint. Exterior concrete panel surfaces shall receive one (1) coat 01 integrally-colored primer and one (1) coat of flat exterior latex final application. METAL FRAMING & FURRING Steel studs shall be 20 and 25 gauge as indicated on drawings or as required, Provide double 20- gauge 'buck' studs at all door openings, Drywall furring channels shall be 25 gauge "hat" sections, Backing plates shall be 4" wide steel banding of proper size to accommodate fastenings and shall be screw-attached to 20 gauge steel studs. GYPSUM WALLBOARD/DRYWALL Provide gypsum wallboard at designated locations, Board thickness shall be 5/8" at vertical and 5/8" at horizontal surface applications, In areas requiring fire ratings, wallboard shall be 5/8" "Type X". In areas subject to moisture. use water resistant (Type 'WR') gypsum wallboard, All gypsum board surfaces shall be finished as to receive flat latex paint finish with no tape joints, seams nor screw locations visible or apparent. EXTERIOR SOFFITS Soffits shall be constructed from 5/8" water resistant (Type 'WR') gypsum board. Provide 1/8" thick Portland cement plaster skim coat texture with primed and painted finish. Color shall be selected by the Architect. SUSPENDED ACOUSTICAL CEILING All suspended acoustical ceiling panels shall be: USG "Olympia Clima Plus Microperf, White, 24" x 24", with GLB Fine Bevel edge, Class 'A' fire rating; Grid: USG "Centricitee", White, 9/16" CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 Page 17 of 34 1}1 Highland II. OUTLINE SPECIFICATIONS (continued) DIVISION 10 - SPECIALTIES TOILET ACCESSORIES Provide recessed stainless steel accessories of the following types: toilet paper dispensers; toilet seat cover dispensers; paper towel dispensers and disposals; soap dispensers; steel-framed mirrors, etc, by Bobrick Washroom Equipment, Inc, or Architect-approved equal. WINDOW COVERINGS All general window coverings shall be chain- and wand-operated vertical-vane perforated vinyl blinds, fully adjustable, selection from standard products SITE ACCESSIBILITY / FIRE DEPARTMENT SIGNAGE Provide all site and building signage necessary for proper identification of handicapped parking areas, fire lanes and building address and identification, , FIRE EXTINGUISHERS Provide as required by code in semi-recessed, stainless steel fire extinguisher cabinets with vision glass panel in Office/Public areas; surface bracket-mounted type in all other areas. All extinguishers shall be 2A:1 O-BC rated for standard hazard use, except as required otherwise in defined hazardous occupancies. DIVISION 11 - EQUIPMENT SECURITY EQUIPMENT To be specified by the Security Consultant. (See Electrical for Scope) PROJECTION SCREENS Electrically operated recessed projection screens (8'-0" x 8'-0") in all major conference rooms, DIVISION 12 - FURNISHINGS FURNISHINGS All desks, tables, chairs, system furniture, whiteboards, etc, shall be provided by the City under separate contracts, CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 Page 18 of 34 1}1 HigWand II. OUTLINE SPECIFICATIONS (continued) DIVISION 14 CONVEYING SYSTEMS HYDRAULIC PASSENGER ELEVATORS U,S, Elevator (Thyssen Elevator Group North America) or approved equal, hydraulically-operated. 3,500-pound capacity, meeting all State of California Title 24 and Federal ADA requirements, Interior cab appointments shall be made from the manufacturer's standard selections, PROPOSED TABLE OF CONTENTS FOR EVENTUAL FINAL CSI-FORMAT SPECIFICATIONS DIVISIONS 1 thru 14 DIVISION 1 - GENERAL REQUIREMENTS 01000 01100 01140 01210 01230 01270 01310 01320 01330 01400 01420 01500 01600 01700 01731 01732 01770 General Requirements Summary of The Work Work Restrictions Allowances Alternates Unit Prices Project Management & Coordination Construction Progress Documentation Submittal Schedule & Procedures Quality Requirements Trade References Temporary Facilities & Controls Product Requirements Execution Requirements Cutting & Patching Selective Demolition Closeout Procedures DIVISION 2 - SITE CONSTRUCTION 02080 02221 02225 02230 02300 02310 02510 02530 02553 02620 02630 Utility Materials Building Demolition - City to clear site under separate contract(s) Asbestos Abatement and Mitigation- City to clear site under separate contract(s) Site Clearing Earthwork - Excavation & Backfilling Earth Shoring Water Distribution Sanitary Sewerage Natural Gas Distribution Sub Drainage Storm Drainage CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 Page 190f34 1}1 HigWand II. OUTLINE SPECIFICATIONS (continued) DIVISION 2 - SITE CONSTRUCTION (continued) 02741 02751 02764 02768 02813 02920 02930 02950 Hot-Mix Asphalt Paving Cement Concrete Paving Pavement Joint Sealants Decorative Concrete Pavement Landscape Irrigation Piping & Controls Landscape Lawns & Grasses Landscape Planting Materials Site Furnishings (Bollards, Bike Racks. Benches) DIVISION 3 - CONCRETE 03300 03366 03410 03450 03520 Cast-In-Place Concrete Post Tensioned Structural Concrete Plant-Precast Structural Concrete Plant-Precast Architectural Concrete Lightweight Concrete Roof Ins'ulation DIVISION 4 - MASONRY 04810 04860 Unit Masonry Assemblies Stone Veneer Assemblies DIVISION 5 - MET ALS 05120 05310 05400 05500 05511 05521 05530 05580 05700 05811 Structural Steel Steel Deck Cold-Formed Metal Framing Metal Fabrications Metal Stairs Pipe & Tube Railings Gratings Formed-Metal Fabrications Ornamental Metal Fabrications Architectural Joint Systems DIVISION 6 - WOOD & PLASTICS 06105 06402 Rough Carpentry Interior Architectural Woodwork BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 CHULA VISTA POLICE HEADQUARTERS Page 20 of 34 1}1 HigWand II. OUTLINE SPECIFICATIONS (continued) DIVISION 7 - THERMAL & MOISTURE PROTECTION 07312 07160 07180 07210 07242 07511 07620 07710 07720 07811 07841 07842 07920 Elastomeric Sheet Waterproofing Bituminous damp proofing Traffic Coatings Building Insulation Exterior Insulation & Finish Systems - Class PM Built-Up Asphalt Roofing Sheet Metal Flashing & Trim Metal Roofing Roof Accessories Sprayed Fire-Resistive Materials Through-Penetration Fire stop Systems Fire-Resistive Joint Systems Joint Sealants DIVISION 8 - DOORS & WINDOWS 08110 08211 08311 08331 08335 08410 08460 08520 08710 08800 08814 08920 Steel Doors & Frames Flush Wood Doors Access Doors & Frames Overhead Coiling Doors Folding Fire Doors Aluminum Entrances & Storefronts Automatic Entrance Doors Aluminum Windows Door Hardware Glazing Mirrored Glass Glazed Aluminum Curtain Walls DIVISION 9 - FINISHES 09220 09260 09265 09310 09385 09512 09638 09651 09652 09653 09680 09681 09700 09910 09950 09960 Portland Cement Plaster Gypsum Board Assemblies Gypsum Board Shaft-Wall Assemblies Ceramic Tile Stone Tile Acoustical Tile Ceilings Stone Paving & Flooring Resilient Tile Flooring Sheet Vinyl Floor Coverings Resilient Wall Base & Accessories Carpet Carpet Tile Seamless Epoxy Flooring Painting Wall Coverings High-Performance Coatings CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 21 of 34 111 Highland II. OUTLINE SPECIFICATIONS (continued) DIVISION 10- SPECIALTIES 10155 10155 10200 10265 10270 10350 10400 10416 10505 10520 10550 10605 10651 10675 10750 10801 Marker Boards and Tack Boards Toilet Compartments Louvers & Vents Impact-Resistant Wall Protection Access Flooring Flagpoles Identification Devices Directories & Bulletin Boards Metal Lockers Fire-Protection Specialties Postal Specialties Wire Mesh Partitions Operable Panel Partitions Metal Storage Shelving Telephone Specialties Toilet & Bath Accessories DIVISION 11 - EQUIPMENT 11132 11150 11191 11198 11400 11600 11700 Projection Screens Parking Control Equipment Detention Security Doors and Windows Detention Hardware Food Service Equipment - (Appliances) Laboratory Equipment - Fume Hoods Firearms and Range Equipment DIVISION 12 - FURNISHINGS 12345 12483 12492 Laboratory Casework and Tops Entrance Mats Vertical Louver Blinds DIVISION 13 - SPECIAL CONSTRUCTION 13851 13916 13920 Fire Alarm Fire-Suppression Sprinklers Pre-action Fire Suppression 14240 DIVISION 14 - CONVEYING SYSTEMS Hydraulic Elevators CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 Page 22 of 34 1}1 Highland IIC. STRUCTURAL OUTLINE SPECIFICATIONS A. Applicable Codes The following is a partial list of the applicable codes relating to this project: 1, 1998 California Building Code (CBC) 2, 1997 Uniform Building Code (UBe) 3, AC1318-95 4, AISC ASD/9'h Edition B. Foundations and Soils No data available, City is currently completing the Soils Report, Design is based on standard spread footings, Special foundations; piles; caissons; mats; etc, are not included at this time, , C. Site Seismic Factors Seismic Zone: 4 Seismic Source: Type B Distance to Seismic Source: +/-10km Near Source Acceleration Factor, Na: 1,0 Near Source Velocitv Factor. Nv: 1,0 Soil Profile: Not Available Seismic Acceleralion Coefficient. Ca: Not Available Seismic Velocity Coefficient, Cv: Not Available CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 sl June 2001 Page 23 of 34 1}1 Highland IIC. STRUCTURAL OUTLINE SPECIFICATIONS D. Structural System / Police Station Gravity System Structural Steel and Composite Deck Lateral System Braced Frames Foundations Conventional Spread Footings E. Structural System / Garage Gravity System Post-Tensioned Concrete Slabs and Beams Cast-In-Place Columns Lateral System Cast-In-Place Concrete Shear Walls Foundations Conventional Spread Footings CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 24 of 34 1}1 Highland IIC. STRUCTURAL OUTLINE SPECIFICATIONS (continued) F. Material Specifications Post-Tensioned Concrete I'c = 5,000psi All Other Concrete I'c = 3,000psi Structural Steel Shapes ASTM A572, Grade 50 Composite Deck 3-inch Deep, 18 Gauge Headed Shear Studs ASTM A108 G. Outline Specification Section Listing DIVISION 3 - CONCRETE 03300 03366 Cast-in-Place Concrete Post-Tensioned Structural Concrete DIVISION 4 - MASONRY 04810 Unit Masonry Assemblies DIVISION 5 - METALS 05120 05310 Structural Steel Steel Deck CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 Page 25 of 34 1}1 HigWand liD, MECHANICAL OUTLINE SPECIFICATIONS A. Applicable Codes The following is a partial list of the applicable codes relating to this project: 1, Uniform Mechanical Codes (latest version), 2. California Supplement to the Uniform Mechanical Code (latest version), 3, Uniform Plumbing Code (latest version) 4, California Supplement to the Uniform Plumbing Code (latest version) 5, Applicable NFPA Handbooks 6, ASH RAE Handbooks 7, ASH RAE Technical Standards 8, ASPE Technical Standards 9, Title 24 California Energy Requirements B. Design Data: Outdoor Desion Conditions Summer Winter 84°F dry bulb and 70°F wet bulb 38°F dry bulb Indoor Desion Conditions Summer Winter 75°F dry bulb and 50°F wet bulb 70°F dry bulb Ventilation Rates / Indoor Air Qualitv ASH RAE standards 62-89 Life Cvcle Analvsis 20-year life cycle cost analysis Comparative analysis of alternate energy sources Comparative analysis of equipment and system configurations C. HVAC System The HVAC system serving the Chula Vista Police Headquarters shall be a four-pipe system with central cooling and heating plant and various air-handling units located throughout the facility, HVAC system will also be equipped with the state-of-the-art Direct Digital Control (DOC) system, CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 sf June 2001 Page 26 of 34 1}1 Highland 110. MECHANICAL OUTLINE SPECIFICATIONS (continued) C. HVAC System (continued) 1- Central Heating and Cooling Plant The central cooling plant will consist of two high-efficiency water-cooled chillers located in the basement mechanical room, The two-cell cooling tower will be located on the roof. The chilled water system will be equipped with primary/secondary pumping system and all pumps will be located in the basement chiller room. The central heating plant will consist of one gas- fired boiler and two heating hot water pumps located in the basement. Proper ventilation will be provided for the chiller and boiler room. Separate mechanical systems are being provided to continuously occupied spaces in the south wing and to the business day occupancies in the north wing, thereby increasing the opportunity for mechanical turndown and efficiency during off-business hours, 2, Air Systems The building is served by multiple áir handling units (AHU) located in the basement mechanical room, as well as on the roof, The AHUs are equipped with return/exhaust fan, economizer cycle, filter box, heating coil, cooling coil, and supply fan, These AHUs employ a variable air volume (VAV) system with VA V-reheat boxes for individual zones, All the AHUs located on the roof are rated for outdoor applications, There are approximately 10 to 15 air handling units located throughout the building and the roof. Due to special functions of various areas of this facility, there are specific AHUs for different areas, Firearms range is 100% exhausted, Vehicle exam is 100% exhausted, In addition, this room has a special vehicle exhaust system, Crime lab is equipped with 100% exhaust for all the fume hoods, Holding Facility is 100% exhausted. Property Evidence 100% exhausted, The underground garage is ventilated via one to two exhaust fans to comply with applicable code requirements, 3. Direct Digital Control (DOC) System The entire HVAC including central heating and cooling plant, all AHUs, and YAY-reheat boxes are equipped with the state-of-the-art, open protocol DOC system to maintain and optimize the energy efficiency and operation of the entire HVAC system, 4. San Diego Gas & Electric Incentives The entire facility and the HVAC System will be modeled in Trace-700 energy calculation software, San Diego Gas & Electric Company will be consulted to qualify this project for possible SDG&E energy incentives, CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 27 of 34 1}1 Highland liD. MECHANICAL OUTLINE SPECIFICATIONS (continued) c. HVAC System (continued) 5- California Title 24 Energy Compliance The entire facility and the HVAC System will be modeled in Energy Pro V3,O energy calculation software to establish compliance with the latest CA Title 24 Energy compliance standards, New Title-24 requirements will go into effect June 1, 2001, 6- Energy Conservation When considering monthly utility costs, it is essential to examine all aspects of the mechanical system and its operation, All mechanical systems will be analyzed to assure that they are cost effective, energy efficient and able to meet the environmental requirements for the facility, D. Plumbing System The plumbing system will include a gas-fired boiler with domestic storage tank located in the basement mechanical room, complete hot/cold water distribution, as well as waste/vent piping located throughout the facility, The entire system will be in compliance with applicable codes such as: Uniform Plumbing Codes, ASPE Standards, etc. The plumbing system will also include sump pumps and possibly a sewage ejector for areas below grade (as required), Acid waste in crime lab, In-line pulverizer for waste from the jail toilets. E. Fire Protection System The entire facility will be fire sprinklered in compliance with NFPA 13, F. Outline Specification Section Listing DIVISION 15 - MECHANICAL 15050 15055 15060 15071 15075 15081 15082 15083 15110 15121 15122 15140 Basic Mechanical Materials and Methods Motors Hangers and Supports Mechanical Vibration and Seismic Control Mechanical Identification Duct Insulation Equipment Insulation Pipe Insulation Valves Pipe Expansion Fittings Loops Meters and Gages Domestic Water Piping CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 28 of 34 $ Highland liD. MECHANICAL OUTLINE SPECIFICATIONS (continued) F, Outline Specification Section listing (continued) DIVISION 15 - MECHANICAL 15150 15160 15181 15185 15189 15194 15300 15430 15212 15252 15410 15413 15415 15430 15441 15446 15450 15480 15510 15635 15640 15684 15725 15734 15763 15815 15816 15820 15830 15837 15838 15845 15855 15861 15900 15940 15980 15990 Sanitary Waste and Vent Piping Storm Drainage Piping Hydronic Piping Hydronic Pumps HVAC Water Treatment Fuel Gas Piping Fire Protection Systems Plumbing Specialties Laboratory Air and Vacuum Piping Laboratory Air and Vacuum Equipment Plumbing Fixtures Security Plumbing Fixtures Drinking Fountains and,Water Coolers Plumbing Specialties I Water Distribution PurTÍps Sump Pumps Potable-water Storage Tanks Domestic Water Heaters Heating Boilers and Accessories Refrigerant Monitoring and Safety Equipment Packaged Cooling Towers Rotary-screw Chillers Modular Indoor Air-handling Units Computer-room Air-conditioning Units Fan-coil Units Metal Ducts HVAC Casings Duct Accessories Fans Centrifugal Fans Power Ventilators Air Terminals Diffusers, Registers and Grilles Air Filters HVAC Instrumentation and Controls Sequence of Operation Commissioning Testing, Adjusting and Balancing CHULA VISTA POLICE HEADQUARTERS Page 29 of 34 BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 1}1 Highland IIE- ELECTRICAL OUTLINE SPECIFICATIONS A. Basic Electrical Requirements Provide basic equipment and materials applicable to Division 16 sections complying with the current editions of the Uniform Building Code and National Electrical Code and requirements of all authorities having jurisdiction, Additionally, trenching. painting, and miscellaneous concrete work associated with the electrical work is included in the general scope of electrical work, B- Basic Electrical Materials and Methods Underground conduits shall be schedule 40 PVC; exterior exposed conduits will be galvanized rigid steel; interior conduits will be electrical metallic tubing (EMT), Metal clad (MC) cable is permitted where allowed by code. Flexible conduit will be used only for connections to recessed lighting fixtures and to motor driven equipment and vibrating equipment. Electrical wiring will be copper 600 volt insulation type THHNfTHWN for power distribution, Underground pull-boxes will be pre-cast concrete with bolt-down steel lids. Disconnect switches are heavy-dutý style, fused as required. Wiring devices such as receptacles and switches will be còmmercial specification grade with stainless steel cover- plates or color and material as selected by the architect. Identification nameplates shall be provided on all junction boxes, pull-boxes, cabinets, switchboards, panelboards, disconnect switches and other electrical equipment. C. Utility Company Services 1, San Diego Gas & Electric will provide the power service, A pad mount transformer will be provided per SDG&E requirements including grounding, concrete pad, conduits, etc, 2, Pacific Bell will provide the telephone service. The Main Telephone Terminal Backboard will be provided for Pacific Bell requirements including pullbox, distribution conduits, cable, connections and terminations, D. Emergency Power System 1, A standby diesel engine generator plant, equal to Kohler, will provide emergency power for the life safety and critical loads, including emergency lighting, fire alarm system. communication equipment and security system, The holding facility and crime lab HVAC Systems will also require emergency power, The generator will provide emergency power at 480/277 volts, 3-phase, 4-wire to main emergency distribution board, The installation will also include an automatic transfer switch to connect the emergency distribution and branch panel boards to the emergency source during utility source power outages; a remote annunciator panel will be provided which will display the critical generator status information; a weather resistant housing for outdoor generator installation with an exhaust-noise silencer; an above ground skid mounted double wall fuel tank (500 gallon), and other required accessories such as start-up batteries and engine heater, CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 Page 30 of 34 1}1 HigWand liE. ELECTRICAL OUTLINE SPECIFICATIONS (continued) E. F. G. Un interruptible Power System (UPS) 1, A 50kVA uninterrupted power system (UPS), equai to Liebert, with maintenance by-pass switch and alarm options shall be provided, The UPS will provide uninterrupted output at 208Y/120V, 3 phase, 4-wire to critical communication loads, security system & detention hardware, The UPS will have a output power rating for a minimum of 10 minutes. 2, Full product submittals, operation manuals, and a training session is required for the complete system, Service and Distribution 1, Electrical service to the building will be 4000 Amps, 480/277 volts, 3-phase, 4-wire, A SDG&E padmount transformer will provide power to the main service switchboard, The switchboard will include provisions for SDG&E metering, main circuit breaker, feeder circuit breakers and customer metering, The main service switchboard will be provided with adequate interrupting rating, current limiting breaker with an adequate interrupting capacity and current limiting suitable for use with the downstream breakers and a main breaker with integrated time delay ground fault protection for the overcurrent. The main switchboard will distribute power via conduit and wire to panelboards, Panel boards will be provided with 20% spaces for future circuit breakers, Branch circuit panelboards will be 42 circuit molded case bolt-on circuit breaker type, Interior and exterior lighting will be served at 277 volts, HVAC equipment will be served at 480 volts, General convenience receptacles will be served at 120 volts, Equipment will generally be commercial specification grade except that switchboards, distribution boards and branch panelboards will be specified with copper busbars, Seismic anchorage will be required at all electrical equipment. 2, Full product submittals, operations manuals, and a training session is required for the complete system. Lighting 1, The lighting system design will comply with State of California Title-24 energy regulations as modified by AB-970 effective June 1, 2001, 2, Lighting fixtures will be of "specification grade", and in most cases will be energy efficient T8 fluorescent lamps with electronic ballasts, Compact fluorescent lamps will be used in those interior areas where recessed downlights are desired, Some areas may benefit from the high output of metal halide type lighting, Exterior lighting will make use of high- pressure sodium or metal halide lamps, 3, The lighting in office areas will be designed to accommodate moderate CRT computer use without visual discomfort, This will be accomplished by the use of parabolic 2' x 4' or 2' x 2' recessed fluorescent fixtures, Mechanical and electrical equipment rooms shall utilize surface mounted strip fixtures with wireguards, Emergency lighting and exit lights shall be provided throughout the facility, CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 31 of 34 1}1 Highland liE. ELECTRICAL OUTLINE SPECIFICATIONS (continued) G. Lighting (continued) 4, Control of the lighting systems will be by local switches with automatic shutoff in most areas, Automatic shut-off is performed by the use of a programmable relay based time control system. In addition, split level switching will be incorporated in offices, Exterior, parking lot and site lighting will be automatically turned on via photocell and turned off by the programmable time control system set to turn the lights off at a designated time, 5, Full product submittals, operations manuals, and a training session is required for the complete system, H. Fire Detection and Alarm System 1. An automatic fire alarm detection and alarm system consists of the following: Manual pull-stations for alarm initiation, located in non-public areas only; duct smoke detectors at HVAC equipment moving in exçess of 2000 CFM or air; individual room smoke and heat detectors only in those areas directly mandated by code: electrical rooms, etc; audible alarm horns throughout the facility; visual alarm strobes in all restrooms, offices, noisy areas, and other "common" areas as defined by the California State Fire Marshall. Fire protection sprinkler riser flow and tamper switches will be provided, The system will be completely addressable and will have the Main Control Panel located in the communication room with a Remote Extender Panel located in the electrical room, A remote graphic annunciator will be located in the duty station or at a location directed by the local Fire Marshall. The system will have integral battery backup as well as being connected to the emergency generator distribution in case of utility power outage, The system will be capable of being remotely monitored and supervised. 2, Full product submittals, operation manual and a training session is required for the compiete systems. I. Security System 1, All perimeter entrance doors will have a proximity card reader and will be monitored by CCTV camera, 2, The main public entrance will have a proximity card reader for after hour's entry and intercom system for after hour's visitors, 3, A CCTV camera shall monitor the public lobby. 4, Public visitor doorways from the main lobby shall be controlled by proximity card access, 5, Entrances to parking areas shall have gate access control with tag type reader and will be monitored by a CCTV camera, 6. The internal entrance into the sally port area will also have a tag type reader to control the roll-up style overhead door entrance and will be monitored by a CCTV camera, CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 32 of 34 1}1 Highland liE. ELECTRICAL OUTLINE SPECIFICATIONS (continued) I. Security (continued) 7, All elevators shall have a proximity card reader inside the elevator to control access to floors, each elevator will be monitored by a CCTV camera, each elevator to include an intercom call back system from security desk during daytime and back to direct entry at night. 8, Glass break detectors shall protect all first floor windows 24 hours a day, 9, All stairway doors shall have lock-down capabilities as well as monitoring status, 10, All public transaction counters and entrances to the office of the chief administration area shall have panic buttons, (pressure sensitive button that is tied into the card access system as an individual point), 11, The following entrances into the following areas shall have a proximity card reader and will be monitored by a CCTV Camera: i, Short Term Holding ii. Property and evidence iii. Firearms Range iv, Vehicle Exam v, Quarter-Master vi. Communications vii. Chief's Administration viii. Crime Lab 12, All interview rooms and juvenile holding cells shall have a covert camera and audio mic" with its own monitor and VCR, Equipment and locations provided by the Owner: J. Telephone System 1. Infrastructure (wiring, conduit and pull-boxes), to serve the City's telephone/paging system will be provided throughout the facility, Paging will be provided via the telephone system and composed of an amplifier and ceiling mount speakers at locations where telephones are not available. A dedicated telephone output will be connected to the paging amplifier. Cabling to individual telephones will be Category 5 E, Cable punch- down and cross connects will be provided at intermediate distribution facilities in each building. The entire installation will be in conformance with EIAfTIA standards and shall be performance tested, The City will provide the telephone switch and instruments via separate contract(s). 2, Full product submittals, cable management and identification plan, test results, and operations manuals are required under this section. 3, Public address system for all corridors and restrooms K. Television System 1, Infrastructure (wiring. conduit and pull-boxes), to provide CATV and Audio Video capabilities in training rooms and other special rooms, The building wiring system will consist of TV jacks at specific locations, Backbone cabling will be low attenuation 0,500- inch coaxial feeder cable installed in conduit. Individual TV outlet drops will be RG-6 coaxial cable installed in conduit. Termination, tap-off, will be accomplished at the telecommunications backboard in the building, CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1st June 2001 Page 33 of 34 1}1 Highland liE. ELECTRICAL OUTLINE SPECIFICATIONS (continued) 2, The City wiii provide, through the FF&E budget: ail equipment and other components, These may include amplification, signal processing facilities, and program origination capabilities, Outline Specification Section Listing DIVISION 16 - ELECTRICAL 16010 16050 16111 16123 16130 16141 16160 16170 16190 16195 16403 16425 16440 16461 16470 16485 16500 16510 16530 16550 16610 16725 16770 16800 17200 17200 17900 17920 17950 17990 Basic Electrical Requirements Basic Electrical Materials and Methods Conduit Building Wire and Cable Boxes Wiring Devices Cabinets and Enclosures Grounding and Bonding Supporting Devices: Electrical Identification! Building Service and Distribution Switchboards Disconnect Switches Dry Type Transformers Panelboards Contactors Lighting System Interior Luminaires Site Lighting lighting Controls Un Interruptible Power System Fire Alarm System Facility Management, Control and Communication System Emergency/Standby Electric Generating System Telephone System (Infrastructure Only) Intercom System (Infrastructure Only) Security Access Control System CATV System (Infrastructure Only) Radio Communications System (Infrastructure Only) Other CHULA VISTA POLICE HEADQUARTERS BASIS OF DESIGN SUBMITTAL Revised: 1 st June 2001 Page 34 of 34 RES hoNS TO SCHEMATIC DESIGN COMMENTS FOR THE CHULA VISTA POLICE FACILITY AMENDME b THE ORIGINAL BAS" OF DESIGN DATED: JUNE 1, 2001 REVISED 11115/01 Highland Partner'ulþ, Iue. ~ Ooc, iào!Jgß CItY R..lew Comments HPI R"Donses - ~ ._._~- .~-~---- -- BolD ChmeLeb Pcovlde ,heml,e' ",istenl sheet vl'yf on 1(00' MWL R"ponse Must be heet seemed Add/Chemi""f cesmenl Pm MWL R"ponse; Finish Sohed"fe pcovided In OD No", ficoring sp"m"""y designed 10' 'ebs Phose - HPlfo provide ---. ---~ No pfestl, femlnele on ","nle". Corien m slelnf"s steel MWL R"ponse: A" oo"nlertops In blohezacdoos 'ebs ace 10 be Pm MWL R"ponse; Finish S'hed"fe pcovlded In DD 2 BolD Chm,Leb ~ No oo,'en Sleln'"s sleef 'D""'ertDps IImlled 10 None ceq"'ced 1m oo"nl"'op'. weepDns melnl. ecees In besement ficemms "nge Phose - HP/ 10 provide -~~.- ~,.-- 3 BolD ChmeLeo Pco,lde true spe,'rum "ghllng MWL R"ponse Need 5000 Kefvln IIghllng In 'ebs. fi>d"", dimmeble Pm MWL R"ponse; FI>d"ce S,hed"fe pcovided In DD In All Ughf S,""e feb ISee de"'heet'> Phose - HPlfo provide NDne ~ Ch": Leb Ip",~de edd-wesh piping by Py," DI eq",1. ---. ------ ---- . BolD wm pco,lde pm Oefe Sheets; Upde" with DO DD,"menls OK pm Dete Sheets end Leb D"'gnm; UpOete wlDD None Phese "---~_.. --- MWL R"ponse: Needs 10 be ,,"ofved (we soggest the once d,l((ed O"'gn wI(( cefiect e 6 in,h ,,'sed fiDDelno; the sfeb wI(( 5 BolD Com. Pm P",lde """ system 10 fDwm CODm with eq"'pmenl floo" Use" m",' deelde. Eq"'pmenl In eq"'p. coom seNed by be dep"'sed. No "mp'. The spe" ""de"'om wI(( not ",,"eod ""weys (no need 1m ec"" fiom hme elthm> be en ell pfen"m end efectel",,' ,0nnectlDns most be None Eq"ipmenl coom will ceq"'ce d,"bfe doo" 1m eoce" henJ~wiced. No-Pf"g~lns e"owed --'-~ 6 BolD Com. Pm Pcovide enll.slell, ,acpet lite end e,,"slco'g ","sll, we" MWL R"ponse We oon,", See dete sheets. OK P" Oete Sheets; FInish S,hed"'e pm,ided In OD None penefs. A",",II, "m'g flte she" be e so"nd inso'etlon type Phose :,:vlde'hmmDstetoo"COI( "ib~lneeohwm'ecee)lnthe IR~DmWl((heveHvACWltheSlngfelO",.MWLR"ponsecom; --- --. -- 7 BolD Com. Pm . '((b po (dd ft d I h . w,lh Tom LeonB,dolPD (Consofe MI,s B"m,dMOWCO et,.heve OK;NeedsR.."wwffhC'yendConsofeVendm Need Coo'dinetion Meetln, with coom. Venly Ihme w, e no 00 '" 'com u" es" Indivod",' heellng/oooling "n's buill In) CDnsofe VendDI d"elng DO. ._~-~-- ~ , BolD Com. Pm Pcovide In-dicect IIghllng MWL R"ponse: We oon,", See dele ,heels. fmportent QQ.t QL :~::~=~:;:;d:I"'"ce S,hedufe pcov'ded In DD NDne OVER LIGHT THfS ROOM Af L LIGHTS ON "fMMERS> '--- ~- --.- "~... A Pce-ect~n system wes b"dgeted P" the Besls 01 D"'gn. A ges 9 BolD Com. Pm Pcovlde Inert 9" suppce"'on system In "eo 01 sp"nkfm heed, ~~~~";,~:~I~:n~~'~:~:~SI':;"ohR:~~n~:I"~~;~~f~h:e~~:~s ~ :;~~~;o~D~~~~~I~:e;.:;,~e::: ,~:f ~~;:;~~d NDne fmfice oonlmL Mosl MWLctients hm ceq",,'ed pce~ect'on wel" systems In lleo 01 Room Befow. mme pcobfemmBlldtemp"men'e' g" type 'ystems. --- m___~_- -_._--~ ~- 11 BolD E-d"" Pmvlde ste'nf"s sleef oounlertops AI the ..lden" fno'e" end Inle'e acee Ih"e wI(( be e "'"nlm w'h e OK pm OelB Sheets; FInish S,hed"fe pmv'ded In DD None 510"" StelnlessSleefTop. MWL ed,'se"enyoth"m"s "q""'b""-'ns. Ph"e~HPlloprovide --- _._-~ 12 BolD "'deo,, Pmvldefiooed,,'n, end sfDplng nODI I' blo-dry moms. (I- MWL Response: Needed 'n bin-dry 'ooms. g'h" ,poses ""> ., OK p"D"e Sheets; LDoetions 10 be ,ho~ on 00 None 5'0"g' .,n, e) «, """. ",n"",' 0, PO. Eh,,""'t "oe' IR ,Ift",- 01' "" D"win9s-HPlloprovide -~-- .---,. ~._- 13 BolD E_d"" Vm"y e>demetwe"s e" se,""end e>dend '" s'n"'"" ebove. ::~;::f~:e~~;~~:rit'::,~;:~~n:;e~;::~~:~~~~::~';i's'hIS OKpm/espDnse ~nd 10/19/0' D"wlng'. Add((lonef NDne 5fo""e Duct woe' she" be s"""d,, we(( meet BI se""lty mesh (Ihey do not "pe,," Ihm"gh). desogn pmv'ded w,'h 00 Revised 11115/01 1 DI21 Dave Cecil RES hoNS TO SCHE".ATlC DESIGN COMMENTS FOR THE CHULA VISTA POLICE FACILITY AMENDME b THE ORIGINAL BAS'" ùF DESIGN DATED: JUNE " 2001 REVISED 11115/01 Highland Partnen,.,.þ, Tne. ~-"I DDc.L S>o!i2n [--_."ftV~"'ewcom_:ents - 1____- HP'R-"'DD"",---___L___- ßnQ)j¡,\i.on --~- OthdCtlOn- I 1 1- S'ab wm not be dep""ed Systems ace av,,(ab(e which can sit on AddiHona( "",d",a( floo, loading wm be pcovided in the . D k I I . h ( . Ihe "isHng floc, A depces"d s(ab w,"(d cceale aa"" and salely geneea' evidence stoeage acea in Ihe ba"menl 'nd Ihe " j ';;;':;: , ,:;"'_"_'0 "--,,~.._, .o,~, --.--."--...-",, -..- ..,.",.~~'"~,_,., - y ,ncrem Ihe slNct",al floo, '",d,ng ,n that acea MWL R"pon" w,1I not be ceqwed Thos w,1I be noled on DD A(" BII "ck, 0 she(.., need "ismic b,acing"! Do"menl, -- '-- --- .____n_-- '._-------.ni----____--- -._--------- MWL R"pon" We con", S'ope I(OD" in all cells ("cepllhe Short T,~ Minimi" any equipment within cell. (n"all/p(ace flooe d'ains sobeeing cell510wa,d the cell doo,,>. See dala ,heels. E.cepHon OK pee Oala Sheels 0 R"poo,,' Lo",Ho" ID be '68000 Holdm, oul"deolhold'ngcelldDoe SobeeingCell,wmhavefl"hing'ing loo(,ts in (hecentecofthecell. shownonoDO"wingS' NDne Slope the floo, 'n tho" cells to fl"hing 'in, -- ---- ---- ---- -- ---- Suicide cesislanl heads ace called 10' in Ihe Basis of O"ign MWL 17 BoOO ShortT,~ P""ide allemale nce suppce"ion as nce sprin"ee head, will Respoo" State Fice Ma"hall cequices sp,in"ee heads in cells Imu" OK pee MWL "'poo" Add<iDna( d"ign pco,ided NDne Hold'" be lampeced with. be suicide ",i"anl type) W,nts Ihem 10 be as high up Ihe wa(( BS wlthDD possibf,. Wanls celt'ng' to be as high as pDssibfe too. - - - ----- ----------- -._-._- ShortTe~ The load kitchen is a wa""ing kitchen. MWL to advi" as 10 OK pee MWL cespoo" Add<~nal d"ign pcovided 18 8000 Wi(( Ihece be lood pcepa,aHo, 0' any "rt 01 lood kltch,,? equipm", cequicements MWL R"pon,,: Microwa" w""'ing None Holdi" kitchen in STH. wilhDO - ---- -- --- .-.-- MWL R"po"" Ea,ty in CD ph", we wm pcepace Ihe ,ecu,lty ShortTe~ 'ayoul d,awing. We will idenHfy system' and located key ceade". OK pee MWL "'po", Additional d"ign p""ided " 80(0 Pcovide ducess aia"", as cequiced. etc. Electcicat Engineee will Ihen do engineering and spec. the None Holdoog systems 'oe imp'ementafioo. Pemaps D, Richlee would a(so be an with DD 0 CD. HPI (0 pro'lde DpHD'? --no. - .-- f--- MWL R"pons" This was ,ddcessed with St"e Fice Ma"h,((. 2O 8000 ShortT,~ Occupancy is 1-3. ,ce op"in,s pe""ifted betweeo the pa'klng A((ow,nce w", "anled loe p"et,aHons between Sally Port ,nd Ihe OK pe' cespo"e and 1 0/t9/01 D,awing, AddlfionB( None Holdi" "ea and the sho"-I"", holding ,ce,? STH 'cea. Af(i'Dn ,t CJ has diag'ammed IhB (ve.,. "mited) e><lent 01 desi,n pcovided with DO. 4hDU,w,lIs. . ---- -- .-- ...- " 80004 ShortTe~ Floo" ,hall be ooncrele with non-s"p "a(ee and ha,denee. all MWL R"pon,,: We ooncu, See dala sheets DK pee Data Sheels; Finish Sch,du(e pcovlded in DD None Holdmg s(opelod,ains Pha". P"'ide Coved Concrele Ba" 1-- ---- --- .-.. --- .-- 8000 ShortT'~ P"imetee w,(( cequi.., a mioimum 01 314" plywood benealh Wa((s wm be CMU lu(( height. MWL Response A(( wa((, in STH DK pe...,pense a,d tO/19/0' O,awing,. Addllio",1 22 ,hould be CMU. gcouled sofid. ..b" in eyo.,. ,,((. w((h penal g"de None Ho<"', dcywa(( 10' "",lty epoxyooatings! NoGypbd!!!! d"ign pco,ided with DD ---- 1---- - ----- - -----.. --...-.-- .------ 23 80fD Adm"'s(m"o, V"'yM'dia Room is on se"ce side 01 Facitity Veeifywilh Media RoDm i, in an acc", oootm((ed acea. OK p" "'ponse and 10/19IDI O,awings. Addllio",' Non, Poli" Oepartment d"'gn p'D,ided with DD ---- --- ....---.------- - .------. - +--....-. 24 80fD Admi,i",a""" Pcovid, cable le("i,lon ,( ,ft oonleeenee cooms Wi(( pcovide cough-(n fo, TV. TV i, budg"ed in FFOE. MWL OK pee Oala Shoe(, 0 R"pDnse; LocatiDn, 10 "" Review cequ'..menls with C'ble Re,po"", We concu' Soe d"a ,heels shown on 00 O'awing, CDmp,"y r------" ..-.---- - ---._-. Wi(( be 4DDO PS( Structuce; MWL Response' We have us" 3SDD psi 25 8oflJ "ce,~, Pcov'd,3500PS(ooncceleon'((wa((,. Ibul hayo no objection, ID 40DD) Musl a(", use 'wa(( OK p" cesponse Addltiona( d"ign pmvided with DD. None ha,denee"..lee Revised 11I151D1 2 DI21 Dave Ce'" RES liONS TO SCHEMA T'C DESIGN COMMENTS FOR THE CHULA VISTA POLICE FACILITY It!o.l Ooc. L sectl°n_L__~",-":,e",,,"""'..nl'- "I 90~J ",.."",__iR"bbacb...wmootbeneeded AMENDME Þ THE ORIGINAL BASlo vF DESIGN DATED: JUNE " 2001 REVISED 11/15101 Highland PartrlerL.p, IDe. HPI Re,oonm Re,ol"tlon ~ MWl Re'pon,e: We conc", OK; Flol,h Sched"(e pmvlded In OD Ph"e None Pm,lde e,"lpme'l ,"d de,lgo 10 do ([ghl maln!e",oce on 2719000 I Vehlc(e E"m, 1 po([ce vehlC<e,,"cit " ([ghuepak. o[(chaoge aod adj",lmenl' Thl' w" 001 pmgeammed oc b"dge<ed 'oc. The E(R do.. nol allow I Re,"lea, Olfeotlon Imm Ihe C[(ywlth an AppfO"d locvehlc<emaloteoa.nce.MWlR"pon,e:Needlovac[(YW'hPD.. ChangetoEIR,pmgeamlromlhe.Clty.D..lgnTeam N dD" , C' Th... mom, wace d..,goed 10 be con(fo[(ed by the 'D (ab and ""d " pfoooed wfth d..lgn pac pmgram (wltho"1 ([ghl ee eo"", mm "Y 'Iflct(y for "amlna"" "ldeooo vehlc(... NO MAINTENANCE' malnlenance re,"lremeol') "19000 1 VehldeE"m,IR"bbefb... I"olre,"'red None MWl R..pon" We concor: See dala ,hoots OK pac Data Sheets; FI'I'h Sched"'e pm'lded 10 00 Pha". 2911 9000 Sa"y Port I =:~;(~e,~;oa~:ffi~~;,:7~:Hot , Co,") 10 ho" down "" , None MWl R"p"": Do pfcolde a emefgeoo:y eyew"h and ,howac for 10K pac Data Sheel' 'R"pon,,; Lo"tlon, 10 be "" wheo citem agent, m",1 be dep(oyed ,"own 00 00 Deaw,ng' - HPI 10 pmvlde None -. -..:1=:... P..m.VI.de..K..--.9.h~I::~0~m'Wllhd~alOI0 "wac' O.ea.fb.Y. W.a<e.f!MWl R."POO"::. CoooJ. Wrth.P..D.. SA.LLY PORT. (S N.o..T.A. ..' 10KPe.ff"po",aod. 101.'910' Orawlog' Addltlo",( K-9 Are, '0"'00 SUITABLE PLACE FOR K.9" See co"en! drawing' 10f K-9 Area d..lgo pmv'ded with DD - HPI 10 pmvlde Chm,:"",,! . b dO d' - ---- MWlR"pon"'(Olegea(~:;:-fine NeedFloofdf:lo:-:-a~ 10K pac Dala Shee<, & R"poo,,; LO<atloMJobe Ilab' Pm"deonlegeal oove a" an 00' ra,n, Emacg Eyew"hlShowac ""It, See dat..hee<, ,hewn on 00 Deaw;ng' - HPllo provide - -- --- - --- ---- - .,,- Chme A""Y"'.jN... .MWl R..poo" U"any we"" ep"ycoatl'g""f Gyp Bd...::'¡OK per Oa(a Sheets. Flol,h Scited"(e pm,lded In DD (lab' 0 macllte dal..heel'. Pha" - " --l_____. .... '. --- - - 2921 BoOO 32 1 BoOO 33 1 8000 34 1 9000 Chm;l::;""'INO (amln'le ""wofk (In Lab,) _~Obb' ..1:'de"(",,,00 I'~o~:~n:,oc wa"'g room- 36 1 9000 37 1 9000 Pm,lde PA 'y,'em Inc("dlog PA 'peekac 00 e"'aclof In co"rtyacd. Both P"blic aod Secored Are" lobb, 38 1 BolD lobOy Pfcolde le(evl,'on jock In oo"rtyacd. None None MWl R"pon" y" we recommend (ab grade wood Of ,Ieel with epo,y re,ln lop' Wewm pfo,lde 'pe~ Pac MWl R..pon,,; Flnl'h Scited"(e pmvlded 10 DD Pha" None W1npmvldefO"gh-lolofTV. TVI'b"dgeled In FF&E MWl 10K acData Sheel' & R" ""LocatiOMlobe R"pon,,: We concur: See data ,heets W1n oeeO re,weements 10' h P . P . back,ngoeededlofwanbrackel,.[(any 'ownonOOOeaw,"g' R"lew re,"lremeots with Cab'e Comp,"y W1l1pmvi.de PA Sy'lem 10 P. "b([c Af... " wen " ,eo"redco"rtyacd. 10 K D Sh! &R L' Pac BOD MWl R"p"" Pub(;c are". COITldo". and 'pace,"ot 'hO:~f o:~ao o~'~:n , "pon,,; ocal,on, 10 be ",ved by lelepho" ,"Iereom. See daJa ,hee<,. 9 None W11f provide m"gh-In lorTY. TV i, b"dge. <ed In FF&E MWl 10K perDaia Sheel' & R"p",,; LocatloM" be ""poo,,: TV. OaJa. Power. Te(ephone (Ireal" ([ke a big ",emb(y ,hewn 00 DO Drawoog, room) None 39 1 90ID Cobb, W1n provide ro"gh-In lor le(ephoM Woold projection ",ee, be lportab(e Of b"HI-In? Need (OcatiOM. MWl R"pon" O"ghJIO . .. creen and (e(e hone 'ack, 10 CO"rt "dfOf . . . . Pfovode pmJect,oo , p J y CDocd.WrthCJ. Pemap' a "ct,on 01 waif ,,"ace can be "(ected to Prolect'on Scree, ooJ re"",d; See #38 (orT,(ephone. None o"ldOOf meetong' pmvlde a weatherproof maJerla( to be ""d .. a backdrop 'ultab(e for ,creeni,. eod LCD projection. 40! BolD lobby No wood pa"II'g or wood chal". Rev¡,ed; 11I'5ID' CJ 10 advi" B' to malerla(, 10 "" MWl R"pon" We ccocor: See I Per R"pon,,; Flol,h Sched"(e provided I' DD Pha" I dal"hee(,. & 101e,lo, D""o. None 3 of21 Dave Ced( RES !tONS TO SCHEMATIC DESIGN COMMENTS FOR THE CHULA VISTA POLICE FACILITY AMENDME b THE ORIGINAL BASI" OF DESIGN DATED: JUNE " 2001 REVISED 11/15101 Highland Partnenh"þ, Ine. ~ . secuoaJ- !clJY..Revlew Comments I HPI Resoon,e, L R.,ol,Uoo ~ ---- J " BoOO lObb'. fpro"deTe""'~:c'ngIO~e:fgC~=- CJlo,dvl,e"lom,'ecl"'foese BOOc,"edfoceithecone. MWL PecRe,pon,e; Flol'h Sched,(e provided In DO Ph,'e N Re,pon,e: We ccocuc See d," ,hee(,. 0 (o(ec'oc Oe"go one ---._. 42 BoOO 1M" provide oon-In""ode'cenl fIght ,o"ce,. MWL Re,pon,e: We Pee Re'poose; FI~"e Sched,(e provided In DO Phose None lobby ,No Incoode,ce""ghhog concuc See d," 5heel'. ..------ ---- 43 BolD lobby Provide City of Ch,(, VI", Po""" Dep'rtmeol Logo <IT Thl,wo,(dhep,"oflheG"phl"De5Ignp,ck,ge Thl,',c'"enUy PecRe,pon,eCltylo,dvl,eItHlgh(,ndl,toprovlde Oecl,'oo from City ceg,,"og comm""lty meehng room ,nd p",;o(y In nooc" eotey b,dgeledwlthlheFFOE Ihe G"phl'" Oe"gn G"ph'cOe"gn ,,- d4 BolD lobby Provide A TM m,ch,ne 1M" provide ceq"ced "ghhng. powecO rough.ln foc le(ephone. 1M" PecRe,pon,e.C'Y'odelecm',eVendoe. Hlgh(oodwIU NeedATMVendocloprovlde need 'pec"""'hoos co eq"pmenl coocdln"e with Veodoe. equlpmeo( req,'cemenl' .----.. ------..- Pcovlde'. Wock "e,foc 00 Indlvld""clll,en 1o 'pce,d wI Thl' wo'" no"",«y be , f,mlt"e Item. 001 , bulU.ln cwnlee. MWL Pee Re'pon,e: lolecloc Oe"gnec 10 delemlne whBI " 45 Bom Cobb, p,peONock ,nd 2. Ace, 10 'el down p'peONock white ge""g Re,pon,e: CJ need, 10 weigh In L'" (,yo,' they demon",,'ed ce,,'ced CJ 10 provide de'~n with (oteno," Info"",lIon from the c(eck 'omel,mlt"e 46 BolD P"mll""'" No ""cpel IPO";o(y , neopce," nooclng 'y'tem wo'" be MWL Re'pon,e: The Focbo F(ooclog In B"b,nk ,eemed 10 be OK pee MWL Re,poose: Flnl'h Sched,le pcovlded In None Room beUec). holding 'pwen DO Ph"e Provide roved B"e. Po,,;o(ylos"",vent'y"emwlthlnlhelockecsth"hes . MWLRe'pon,eThl"'needed! WewlUf,ml,hdel,;{ D;'e,o", Pee MWL Re'pon,e: MWL to provide Addltlon,( De"gn N 47 BoOO P"';;'l"k" neg,lIve,lc,nd ,'c blow, In thro'gh Ihe doocgn"'ood 0,1 , bu"e'ce'.Ve,',. AvendecISh"e(ockec) In SO "e,w,n','o oem d,ct 'y"em cu"oml,e 'ockecs foc It pmvlded In 00 Phese. one .-- P"~~~:::k"' In,'," o,net, In e,ch lockec foc ch"glng b,"ecle,. efc O,Uel' wIU be provided pee MWL', de"gn MWL Re'poose: We Pee MWL Re,poose: MWL 10 provide Addltlon,( De"gn N 48 BoOO concucwIU provide del,lt. SI"p p('g' hove beeo ,n oplloo 00 olhec project,. Mlnlm'm two o",'el' pee (ockee. provided 10 00 Ph,,". one -.-- ....--- d9 BoOO E"de,œ UII",e (ock 'y"em po, Olck Thomp'on' cecommend"'on Provide (nfo"",hoo MWL Re,pon,e So,nd, good. Dick. LeI' ,,(k! MWL 0 City 10 cooc"",le ,eq,lcemeol'. Pmvlde 'e'~n MWL 0 City 10 coocdln,'e lool<e" Ve,'1y with Jim McCI'cen 10 DO Phese ,eq"remenl'. ----. .-.-..... MWL 0 CJ 10 ,dvl,e es 10 wh" m"ecl,(, "e ceq,'ced MWL 50 BoOO P"~~~:::k" Nom"'lte.u,ew'm'ctl(e,tw,'oscol.'nwel"ees Re,pon,e CT wock, good 10 wet "ees Epo,y co"'og' ove" OK pee Re,poose: Flol,h Sche','e pcovlded In 00 No," h"dbo"d on gyp. M,y wock lone. Le" ,ee wh,' CJ might '('0 Ph"e. CecBmlc He In Showe". "9ge". 51 BoOO P"ro( lockec Beoch In froot of (ocke" ,h," be "mclenl width 10 ,It ,nIt MWL 10 ~dvI'e ': 10 Lo~ke" °n~e~ch des~g7 M:'-- ~e'ioos~: We Pee MWL Re,poo,.; MWL 10 provide Addltlon,( De"gn N Room c"mb co (prob'bly 16" deep. ". " too ","ow) conc". emem e'we 've' ,e "wec eow en 'eocd d' DO Ph one (ockec I'" wesled ,poco "ke B"book, provo e ,n ese. _...._-. " 8000 PoI~~;:ke' Pcovlde f'lfy coved b"e MWL 10 ,dvl,e " 10 wh,t m,'en,(, "e ceq,'ced MWL Re'pon,e: OK pee Re,pon,e; Flol,h Sched'(e pcovlded 10 DO None O,,'ockecwl!(",e 'pBce bene"hfmftle (See 'bove) Ph.... Pcovlde roved ."e. -----. --.-.-. - _._-.-- The ,o,nd ceq,'cemenl' ,nIt coo"ructioo m,'ecl,', wI!( be coocdl"'ted with the Acoes"æ( Co",ultoo' Ro,gh-Io wi" be An lole<vlew coom, ,h," hove ,o",d. video ,nIt ",ndw"" provided foc monltoclng eq"pmeo' Eq"pment " 10 the FFOE OK ec 0", Sheet, & Re, o",e l,,"'on, 10 be 53 8000 '"e"'g"'" "'('dlng ,,",d ~'P ,cound j.bo... ood ,o",d lo,,""on B,dge' MWL Re'po",e We concu" See d," ,hoots Remembec 'h":" on DO Dcowin, p . None p,ne(, on w"". Do,ble off,el ",d, with ,o",d booed. 'ny pewee wlfel' 10 Ihe,e room, m," be 'w"ched on the o"",de of 9 Ihe coom 110 p"eveol ,,'clde,'). Oo,bfe off,el w"" esed " po(yg"ph coom, Revl,ed: ff/15/O1 4 of21 Oave Ceel( !iQ.1 oo~l B~J . CltvRovlewcommento~~~__- .1--- HP'R"oonm J~_-----=-R..O(ut(on_~ ~ "Ii. BID. ," fnl"V. le.w",.o.m. '..h. a((.hav.edco. , ..bU,,""'.dO..O."'ope.n.ed. ..MWLIOOOo'd'.'natowllhseruriIYSY'lemO.".'.90. MWL. R"po"", OK.p"R"pon",:Looallon.'.'Ob".h.owoonDD&COI 0 - '"""h,a',o, C""",'~oo¡n(e_~¡ewe"-",ol'o"w",,- .-_u ---- ,1'\>;((booooed.l'\>;lhO"",,"rityp(anloC"-- --- Dcaw:",,' ..- ------ None . I. OK p" R"pco" Doo, S,hed"(e pcovlde"o DD 55rBOI.D.,"""",a""'(01",oedCO"'ha((bamaPle,oop-(am, CJIO,,(ect.matona.(, .... ' INone Ph..e ----- " . .... ... ,---', .-'-,. -. --DK"Re"n"PcovldelnDDPha"Dorum,,',.- 66 BolD (""h,..", Pcovodeanll.""'de'pnok("h..d'tOa(('nto~'owcoom' MWL 10 adv",e "h", "' ",","d. MWLR"pon",OefiO,e(yneeded.1 p P , INone HPllo pcowde ..-..- MWL (0 oooedinato wllh Seru,lIy Sy,tem O"'go. MWL R"pco", ... ... We co",u, See dal..heel,. Unles, PD advl""(hecwl,,. doo"j" IPcovldedu""a(ann'ntOto~"wcoom'oodtO'nto~"wcoom' ( b d (" ., "( ". R OKP"DataShee" & R"pco" Addlllooal I """',allo, aann.." to e u" co y to ""en.. ,"nges ememb" any 'None "01,,( office pow" ","et, 10 thm ,com, must be ,wlldted on the ,""'de of the 10foemaliDO to be pcovlded wllh DD & CD Dowm,," coom Ito p"venl ""Id"') , , 'tR In~-,( -'.--- EMWL.&CJ.I.o...'eVleW'MWLRe::on"w.e'OOO"'dOoe::1~9:.UI'IOKP",espoo".a.OdI0I,"10'ocaWlng, Addlll"al ~ ,." "0"0' " coom ","'" to to e~"w "e" no gcabca,(, oe lIem, Ih.. cou(d be 'ul"de ,',k,. d"'go pco.lded wllh 00 None ..- 'n. --"----'-- 57[ BolD ~þ RES iONS TO SCHE""A TIC DESIGN COMMENTS FOR THE CHULA VISTA POLICE FACILITY AMENDME Þ THE ORIGINAL BASI~ ùF DESIGN DATED: JUNE " 2001 REVISED 11/15101 Highland Partner,._.p, Ine. ---- . - L,",h Room 'Pco.lde ",m (0 oul,lde dock. 1'\>;(( pcovlde: Update wllh DO Oorumen" OK p" ,espco" and 10/19/01 Dcawlog'. None 52 , BolD I Lcoch Room ,Pcovld"heel good..1 waln5col & f(oo,,: No VCT, ,heet good, ,udt a, Foebo oe;;no(eum ",uI"d CJ 10 ,,(oct mat"lal, OK p" Respon,,: Flnl,h Sohedu(e pcovlded ¡, DD Pha" Floo"og: & wa'naool. None I"t' BolD j Lunoh Room BBO ald"k - g" 'Z,~~~~~:e.J::',~~~~:"n foe BBO. BBO " budgeted '0 FF&E. MWL 10K p" Respon", Pcovlde 00 DO O"wlng' _.~---- Elmto"lb stato oflhe art w'h '" oct to, ee",om flooe to '. , .. 65 BolD Eo"pme", p p tSOfpm Hyd"u,""(mlo,, a" pcovoded IOKp",0/19/0ID"w,ng,&Sp""oallon, flooe. A ,(owelevatoewi (nol be B",plable. ! 66 I BolD I-+-. 6T I BolD I-+-- 6B I BolD 69 , BolD None None .- Eo"pmoo' I Poeumall, lobes ,hall be In.'ta((ed wllh ""tomall,swlI'hl'g 'p"the ",ul"menl, of Po"" Oepartmenl 1'\>;(( ,eed (ooallo", foe (he to stallon, ",u"ted. MWL Respoose. (D"'go wll( p",vlde (OoaIiOM ood 'pace fe, to ""IDM 1'\>;1( Need PD 10 Idenlllyru" end homeruM rOOd e,u'pmenl mom. Sy,lem " B"dgeled wllh (h, I Review again wi OD FF&E C"I, Gen"atoe 10 (o",lIon, ."'fy gen"aloe ",n be cem"ed af(" Eo"pm,"( :::~:'~:",:~~~d~:~;:,:~b~:t'~f'I~:I:~~~' same sart of I Gen"a", wi ( be outdooe" IMide meen wa(l i~~ri:~::'OCWI(( be ,u~"enlto handle the ce,,'cement, Of¡'750 ({WGen"alo,h.. been pmvlded p"fhe (LAZ {1st f" (oad . the Po{l" F"Hlly IThe Glendale gen"ato, "I w.. two eadt cequteemenl'. City 10 ",oftem ce,u'cemen" A ("g" g""aloe wou(d A 750 KW Gen"alo, " pcovlded p" the em"g"'y Eo"'pme,( 1900kw g""a(oe, 00 a bultdlog that t50,OOO 'quace feet (I In""" b""dlng acea a.' wen "'u"enl budget pacamete" MWL [POW" ce,..cemen" "'((ed foe on the Data Sheet,. Fue( jc,y 10 ",'" ",ulcemen" saund, like we need al ""1 1 (one) 900kw Resp"," PO mu,1 tOd,""e e><tenl of usage and ducal", of need Sfocage fa, 12 hoo" of opecaloon " pcovoded OK p" to/1910t Dcawlog, & Sp"lfl",tlon, None ---t-- Eo"pm,"' I ~:~(~,;~""'toe I, wllhl, OIly Stend"d, wllh ce'pect 10 Sound """",,,,( EngIne" to V,,'" E"h" .(low foe night time "" und" em"gen,y coodllloM" mOVB the g""ato, Deelgo wI(( meet da~lme ce,"'cern,,", but not night lime saund (m( cequlcemenl, Revl,ed 11/15/01 5 of 21 Dave Cecil RES liONS TO SCHEMATIC DESIGN COMMENTS FOR THE CHULA VISTA POLICE FACILITY AMENDME b THE ORIGINAL BAS'" OF DESIGN DATED, JUNE " 2001 REVISED 11115/01 Highland Partner~...þ, rne. ~IDOC.I.s""!~. Çj!>'.B>yklL~Qm""'l< ~..... .tl!'LR"P~--. ~.. Resolution. t. ..~ '-1 - -'1'--- ..I:v~d~"'ndu" 'ndO(;:~~~h eq:""lo.te(CO-rrtc~ . IA d:II::.'~~:'dUItOWI((::::d.'O.'h.e P. coperty <lneIO~"(U." . Ic.u '.enIDeO~g=.((OW.O.lm(u.'.",.eco'ne~IIO. "..VI' ICOOldl"IIOCm"lIng.wrth C~G" TO Bo'D Eo"pme,' g"e"lIon 01 othe,,((em"'v""'gy OOUICes . acee" loondU' 01 piping Need (0",lIon5 and 0121'g Deslg'" 10 Requl"d 1- ---l- . .------- ____un m_- -------- I Pcovlde "'" lelepho,econdult(oa((e(ectllcloomo and N"dlurth"de"nltlo,and"qul"men"'o"opocdMWl " IB O'D.~.. .. E.O. ",.pme,..,..j",ga."o. ". C. o,'co((" coom. 0.10. I M"'oo.m.c.e'..' '.a( C.onlto( . R"POC". sort..o.( te(a. .Ied. A(.". ne.e d 9CO.,.d. .".g . a. t 10undall.O. no 101 . IM(( pcov. .'d".O. 'd."'.'....N. ".d..I.O caliO. '. O..a.n..d 01'. Ing... City to. PIOV. Ide .Re. quI"menlo Syo"m lad,o (oommu",cat,ono) Co"u(( DI Rlch", - '. u- _u __m - - ---- --_._- - V"lfy w,nng type 1m compu", and le(ephone oyo"m with . . IM(( lo"de e'h" taeowa 0 01 ",b<l, N"d (0 N"d Coo""nallo, Me"', with 72 Boff) I Eq"pme", Rick Neloon. He men(,oned al one lime that op"!fic ateao N"d "qu",em,"lo 1m ""'e type a,d q"anlll"o to "'po,d oo,,:,nale (h" w,'h Clty'o ~,"d"O 9 Vendo" doting OD 9 ",qu,tea,alog <I,es, ,odlg'tal. -.- n_- . . ------ -. _n__- , SI,ko m wal" "es"o " ,,"coom ohall be m,,(al, al POI"" CJ a,d MWl to Sp"'y fi~ules MWl Respo". We p,"a' al jolt We ha.. CV p"le,ed Bland"Supp,""o Uol Da(ed . "BOff). Eq"pm'".'J...' .........' p 1""ca'be'tad'I'O,alqUa<lIYIOI"'I"U"'""(Wehav.ebe,"u"ng ~4I01W1I1PCO"defi~u"ope"00mdataOh"(0 INone,R""waga"aIDD A"ao Ja'ftob"(a,,(,,,ol"(,pena( auto off ("0 In ,,"coomo late(y (Ihey do coedpow"l 1~1~'<lm'na'Yfi~U"<lOlloo'tO/19IOtDlaWI,go I I INowat"leaIUteP:~lc~~atk;'-:CU(PIUtemArt I.. . I . . . 74 Boff) EO"'pme,'. The C,(y ohOOtId pcovlde a, Artwolk A((owan" 1m the PCOI'" Th" WI(( be Bu'geled with the FF&E Coolo "oommended ' City to make d"e""lnallo, "g"dlng Artwolk and Wa(" Fealu" T5 I Bo(D Equ'pme" I;;:,~: ~~::~: ;::;(::;¡ I""e" and m "lllg"alo" lcom BOO io ba"d on """'g I""", being "ioca"d. MWl ",espon" ¡New F"'",5, If "quI"d wI(( be Budgeted w'h the E"d"" olaff'oted Ihal Ihey pn"" '",otacd"g I""'" ,n <leuola FF&EC. . to/19/01 D . h ( f I wa" ,~. N"d fi,a( an'w"lcom PD (BI(( Johnoon) a, to how many 01 Ilee",oo~~oa wa"-In 10 I:a:~~o:.:~( ~::~on' m Ih(""'d"l,g.ones can be "u"d and how macy new ones ,hou(d be Info""allon 1m (ocallon an~ co"gh-In' panne 01 City to R"'ew Flmel "quI"men" 101 cow 01 .,".ino [' ..' Shouldanon-wel.fi","ppt""O'OYOlembepcovldedallhe BolD Eq"pme", evlden" ololage' -- . I 1---------- -~ -----._-~..- Need "qui"mento 10 "opond. MWl & PD need 10 eva(uate ,ee",'y City needolo ",Iewlhioltem with the Media Gmop to . ,"U.. MWl R"pon" E(ectll,,( Engine" to weigh In. They oaw a 'ee" (he" ale any standald connection,. A ..co"d City to ,00",lnate with Medl, I.~ .. P. '.°'. '.dete."WaYo "..acoe" p,"e(OIO. palk.'n. 9 (o.tfmm Me.. d'a acceo. 0 p,"e(wlthtel Racewa.y.,w"ehomerun.nedlO.. .'.he la"",pa.ne(maYbethea"wel,",onnectlono".eno.tlgmupI""qol"ments 79 BolO Equlpme" Room,"dI"Co,le",ceRoomlmTV,abf" Ttalnlng/EOCmoml,Bulbank (1Iank<yamoot,"""'agood otand"d I (ocet,on (ha.. 10 "'rupl and EDC evenl 10 run wll"') _un" -- -- - - - MWL and CJto Locate a"ao App<lan,.. a" In the FF&E budget. P OK pe""pon.. data oheet..,dtO/19/0' Otaw,n90 Pcov<de k,'chene"" alwolk. a". aow,th but 001 <lm'ed to ¡Lam Ca"wort< & Counle", and walel & powelhookupo wm be Ipm~lde "fte"d W;tel, dlopooa(o, ,"d hook-upo I" INone 80 I BolD I Eq""m,"' IMlcmwave, oink, p(ug, 10tOoffee m,keto and oma(( pmvlde". MWL R"pon.. See op"..tandald g"'ph", I" coffee coffee ma'"o. ,,111getalol-I5t020Inpmject ba" A "andald fico optlnk<" oyotem wa' budgeted 101 In the BOD MWl R..pon..1 would defi'lte(y Nol uso d<y ,upp""ion hete. ftwoo" IA d'Y ,"pp",,'on oystem wm not be lequl"d be "'Y cootfy and wI(( not be pcotectlng any opelallng electmnl, Standald fi" o"lnk<e" wlfl be pm"ded. goo, None -- ....----- . 81 I Boff) . IPcovlde opetabfe partilion.' in Conletence Roomo pu"oa" to ITheOOmmUn,ymeellng& media momowlflha"asopalalln9 Eq",m,", po<l" depa"menl needo ,Bltlt,on OK pet 1O119/0' Dtawing, & Speclficallon5 Review 'ooallon ao ohow, on the dtawlngo. Needo addillona( "view wlDD 82 I BolD Equ'pme" No'n,and",,"H9hll'9 Compact nuolmenl (amp' wlfl be usod. OK pel 10/19/0' Olawingo & Speclficallono None -- 101-EqUa(m'nUla~O"ISW'((beOP"!fied OK pOI 10119101 Dlawln90 & Sp"lficallo",. U.S Ef"BloI wlfl be de(eled lcom the SP"""'"o", None e3 ( BolD Equ'pme" 1~~ln~::V"~~~:~~:(:~:~~::~:,:~~~~~n~~;~Z;;' Revlsed,'1/15/01 60121 Dave Cecil u ¡:: ..... -rf JÔ .... '" B .... r<I ~ "0 ¡:: r<I :a b.O tE .J '" z ¡; - iîzg- OOJNe ~ ~ ~-~ z- ..0"-::> 0 O,W w6Jß~ ~¡¡¡~::i z 0 W '" '" '" 0>- "-I- "'::¡ ffi~ ",u. 1§~ 05 ZQ, 0!2", 1-"'1- ~~~ ,.g ~ :5 ",::> :;; J: UJO "'J:w wOJ: """I- I I -~ I, ~ & ~ I I :s . 0 .~ ~ ~ g !1 i ~õ ~H ;;n :¡ B ~ . ~ . H~ ~H IH ~ tJ. 8 ~ H~~ 000,'; ~ . ,,<g~ ID~ . £:. '" ~ ~2o"-c" n~H~ ,¡J~,¡¡~,,", ;!~p ,~ "g~.g~ ~ ! . u. ~ '!5 ! I :~ H p 0 ~ e .'§ H ~~ :1 . ~ 0 ~;¡; [ ~ i ~ !1 I . ! L H .0 ¡)j ~ I .01 0 -:: '§ I 0 '. u.. . ~ ,¡J. o!j i~ å 8 "< I ,¡J ,;! ", ~ ~ " .~ ,¡J ~ .~ ~~ H ~" ~~ ,,'" ~ .~ . ~ . c ~ '" . ~ . H fi ê~ H ~ i ! I i ¡ ~ I ~ 0 .~ jji 0 c L ~~ ~ - H 6~~~ ~;;.;;ii H3H U~H . E ;; ~ E O"BB~ !mi "..Eo ~HH ¡¡; '§ ~ ,¡J } ~ . c j 0 . h . -g 8 ~ 0 ~ ¡ ~ c ~ c H ~ g ;;;" . ~ " ,'; ~~ 0 . [ ~ i ~ ;! ~.~ ¡Hi ~ E g ID iill ~ ~ n B;;'"¡i 1j Itill i - ~ .'§; ~w~ :s ¡¡-;; Hi ',; ~ ~ ~ ~.~ ,¿;;" n~ § ~! Hi Ht !1 0 0 . ~ l ~ ] 'õ ::¡ . 0 " . u. is ë [ ~ i ~ 0 0 . ~ 0 - ~ ~ .,. ,¡J !1 0 0 ~ I 0 i g E ] E ~ v ~ '" ~ ~ IlL ~ ¡¡\'J I . I ~ .- '8. .. £ ~ £ 0 . 0 u. '" <3 0 0 .; õ ~ i ~ I ¡ 0 .. J I ; 0 I . Æ ~ 0 . 0 ~ ~ . 0 ¡¡j¡ H iH I~~ H n J: c - . ¡¡iñ I m g ë [ ~ 0 ;¡¡ 0 ~ 0 § ~ "' 1 u " . . ¡¡ . I 0 0 j ~ [ ~ u " . 0 ~ > [ ~ i '" g> n iH ,Lg ;j BE ! ~ ~ 'õ . 0 u. ä: ¿ '" ~ ¡¡; 0 0 . ~ Æ ë [ ~ i " I !1 !1 L ~~ .0 'u ¡)j", 0 . 0 o~ ~~ H "'. o!j i~ . . ~ Ll ~ ~ ;: .;If. .0 .0 ¡)j", J¡8 o~ ~ .~ H "'. o!j i~ , . I ;! 0 " ,¡J ! ~ ;! ~! ~ ,,~ ~ ì" " If. ,¡J ~ i'i ~ 8 ;! & <: H li~ b ~~ i H iJ: iJ € .~~ ~ jj ~. ,¡J Q, ~ ID .0 ~€"" H BIB ~ ~ Hliî" u ¡j, u.'", ~ ~! ~~'H ,,¡: ,,15. <\,¡J u ~ n ~'ij ~ 1( ~~ H E" H n eõ H 8~ ~ 0; ~.x . ~g : n ~ H ~ ." £ ¡¡- .. hU .. ~ ~ ~ Hh £ ~ 1£ '!5 [ ~ ë [ ~ ~ '" ~ ~ . ð '" If. Q .0 m "0 :: 0 ~ 0 '" '§ ;; ~ 0 . H [~ n ~j i~ a [ ~ . I I I I . ~ . ~ . ~ ¡¡ ~ 0 0 " -" " '~ 1 ~ tj ;¡ I 0 ~ I ! 8~ H H ~! .~ ~ H [ ~ g 0 . > ¿j . c ~ . c ~ .~-._. ,. ~ I ~ ¡¡ ~ ¡¡ ~-" o. ". ~~.~i~ ]~ H H iH ~ ~ ~ ~ ~~ H ~~ [~ ~! ~! ~~ l~ l~ ~~ ~r ~r 5~ 5ð 5ð I g ~ 0 1 0 "< . 0 '" ;! " ,~ 1j 1 0 ~ 0 c 0 " 1j 11 '" "- ¡¡¡ . j 6 õ I ~ ~ , 0 ~ i 1 I ~ ~ ~ . . H I H i -;; '§ ¡ ~ ~ ~ I ¡ if II 1 Hi ~ 0 0 '-'=- N 0 ~ ~ " u. ~ " 1 . ~ H H ~~ ~i " 8 ~ [ ¡¡ c " ~ ~ 1 '" "- ¡¡¡ §! f Æ . ;; g ;:¡ ¡: } 0 ~ " ~ jj E ~ u '" I " . I !1 ~ I . j I i 0 ~ e ~ >- ¡¡ i .~ ~ . ~ Æ 0 ;¡¡ ] gig 9 g g!g~g '~ ÆÆ~~'" ~ ~1*1~!~lml§ ~ . . ~ u ~ 0 . '" [ ~ [ ~ I' , ~QQh I ~_L____C(tv ReV(eWC~mmen!> 11011 B.om I Eq",pme", ShOU(dweu,e,ooo(mO"Y'lem? -+ I--~- --- 1:~. Eq"pme=::':Te""" oe g,eolle NO VCT 1031 Bo'O 1041 Bo(O 1051 BofD '061 BofD 1071 Bom 1081 B<>fD '091 BofD "'I BofD 1151 B<>fD "'1 BofD "'I BofO RES ~ONS TO SCHE'"i\TIC DESIGN COMMENTS FOR THE CHULA VISTA POLICE FACILITY Eq"'pme", I :~~:~~I :;,I:h L~O~~ f~~~';:"bli' OOITldo" ,nd heBVY '" P",ldeABS plplog be(ow g"de V"lfyw'h b,"dlog Eo"lpme", Idep'rtmenl BOd e"eoll,( "IVI'ee b,l(dlng Thl' I" req"'st fmm C'Y ofCh,(, VI,I, Eq"'pme", Ipmvlde leol,lloo fmm hlgh-'eelstlvlly eo" "hol eol<". Eq"lpme", I~~;;:;~"wer"p,,"y req,'remool, 10 PDM, Atlo Greg AMENDME Þ THE ORIGINAL BASI~ úF DESIGN DATED: JUNE " 2001 REVISED 11/15101 Highland Partner,__.;), Ine. L.._- HPI ReeOO""" -----_J. --- Reso(u';on --- ¡; .. fA 4-Pfy Rooflog w," , reliectl" "',II'g " 'p".ed I. . Wewl«(oo' "'hl",eo ,dd,love ,"em"e. Thefi",(",stwoo(d ". ((biT d Ih b d .. . W'... (((, C,lylop,ov,demofiog 'n"",e Ihe budget Need 10 """ p'yb'" ::eme,~;~':ee~'n' :",~';'h:':;~dln: w, 00 " ,pe"fiOBloon,. .. .---. --- - -- Thl, ,o,(d be eo 'ddilive oo,llolhe b,dgel CBlpel o,VCTw" OK per Re'pon" ,nO 101'9101 D"wlng' & ,((owed (oe In Ihe BOD. Depen.d.' O..n Ihe ""mb" of (o,,(lon,. MWL [SP"."IIO" B,dgel m,y dlo('le olh" Ie" INone: R"lew 'g,ln 'I DD Reepon,,: TeITmo m high '"ffi, (P,lm() ,re". "'p",lve m""I,(, ,n non-p'b( ' BI'" of Ihe bul(dlog .--.-- - . - 'CJI dt. I' (&( r . 000 I.MWL OKP"R"POO" "d tO11910' D"wlng, & R 0 een;;'n~~'ffi"'~:1 ~"oon"ndL ~'~moo' Sp"lfi"llon, B,dgetm,ydlct"eother(e" No,,;Revlew,g,I,"DD -~PO,,~~g "" 'mBle" eo 'n, oom_-i",pen"" m,I"I,(, 10 oon-pub(l, 're_" of Ihe b'l(dlng- GEM wI« ,p"'y plpl'g m"erl", follevlew. Ig~~~g~,,;~o;e:~fi~~I:~SS:;:~: :~~:~';::~: INone QlMr:.A«!i<1t1 We wi((,dh"e 10 Ihe reoommend,llon, oflheSoll'Englnee" ¡OK R &S'I R 'd . DD Report Sectooo B.12. (f (h~ C'y hire" CoITo~oon Eogl"", we wI« DO':~eo::pon" Doe eport; Pm" eon hm 10 ..,("Ie 'ny "',(oon,1 re",mmend'loon,. None Thl' wI« be pmvlded wllh Ihe DD Dooomenle OK; v.1(( Pmvlde None CJ 10 review ,nd re'pcod. MWL R"poo" We "'00"'. However, . IP,ovlde g"ffill "",ing. Two p'.rt urelheoe g"lfrtl c,,'I'g on Ip(e", test "mplee on "oil m"erl,( 10 be ""led. We m,y need I Per MWL Reepoo.., Flol'h SoIIed,(e & Speom"lIon, I Eq"pm,", ,(( """I"e exle"oe '"",'" morelheo one type of g"ffill "'ling. Some 'yslem' woe' gre" 00 pmvlded In DO Ph"e None lIIe ,nO sto", whl(e olhe" WOf' better foe ",n"ete et, Pmvlde b,mstl, 'ystem on exlerloe w'((', doyw'" I' 001 Eq"'pmeo' I '((~ed 00 exlehoe eoffil, (pu""nllo Poli" Oep'rtmOOI "ed,) Tol(el '"eeeorlee ,h," be ,',Io(e" ,Iee(, NO 11,,"e Eq,lpme", Idl,pen""Blereq,lred v.1((bepmvldedbyvendoe. (odk:ate I, p(", b,,'log loe s"h equlpme") MWL 10 pmvlde m"erl,(s ,nO req,lremOOle 4' high ,hle(d " exlerloel . . . . d.(('bdldMWLR .WI'(( P"MWLR"ponee;F.""hS'hed,(e&Spe"fi"""n, IN ::;,~::" :(: ;~ee; p~~e~ ;mu g',"~':~:~:Of ~,,;P"" y uee provided In DD Ph"e See speo. ee,,"on '3DO1 Doe v.1U provide; Upd,'e wllh DD Do,"menls p., R"poo..; Oel,l(ed S,hedu(e & Speoffl"'llons pmvlded In DD Ph"e None v.1" provide; Upd,le wllh DO Doc'meol,. MWL R"pon", Evldenœ I Per Reepen..; De18Ued HBldw8le S,hed,(" & Eq"'p~", IA(( door hBldwBle (oe' ..Ie ,h," be "BEST' b<Bod (O" eel, I,nd L,b 81m ,hou(d hBVe high ..oo,lly ,co-d'pti"hco (eo" by Sp".",llon, pro,lded 10 DO Ph"e; CV P"fer"d ASSA "MEOECO. B"nd,IS'pptie" LIe! O"ed 9114101 Eq"'pme" IE"oollveoffiœs'h'((bevlny(w'((f'b,I",w'((p'per None CJ 10 determine m".,I,(s '0 OD Oooumeots Per R..pon..; Oe18l(ed Flnl'h SoIIed'(e & Speolfi",hon, provided 10 DD Ph"e Nooe CJlo delerml", m"erl,(, In DD Dooomenle; Vertl", Leve(o", Blind, '/ ,re B,dgeled. MWL R"pco..; Meoo ¡, ,.., M~hl w,nllhree v.1ndow"ve'lngS'h'((beM"O"eqUlve(OOllypeollBlodroP b'd , Uh d r ( b.( , tb; d ( ( . . P.,Reeponse; Det,lled Flnl'h Speom"llone provided wlnd~ "",lng' ";~':':~I:'~:;' :~e; :~~,~ h9~~ I:~e(' :hl:e ;:~IV"g ,ome In DO Ph". No", ~'W)---_.- ----.. ------~-_._- A(( ,,"room ,"Ilione 'h,1I be hooo(I" no hi h "ss", CJ 10 determine m,'erl,(, 10, DD Do,"meol'.MWL R"pco.. We Per R"pon..; Oe18Hed Flnl'h Speo."hon, provided . p p 9 P h've h,d good ("'w,lh sl8lo(e" ,Iee(p,rtrtoone " p"", (obby l"OOPh"e;pheOO("OK'bUI",pen"ve No None p("I" ',m,,"e ,"owed restmom. ,SI,lo(e" Slee( gele ""'oiled. Eqo'pmeo( Equ'pme", Revised; 11115101 8 of2f Dave Cecil u ¡:: ...... -4 " .... '" 5 ... rd il< '"0 ¡:: rd ~ i ..J ., Z (; õ1zg~ atONe w¡¡;,.,~ ¡'.'~~;: .o"-=>o 'J-,w ..J£¡¡j~ ,.¡¡¡~::! !1! 0 w ,. ., h "'::¡ ffi~ ,."- ~~ "6 ZOo oS'., 1-"'1- !!1~~ 0"., ""¡::..J n .¡j" "'J:w W"z 0:"'1- g I 0 '~ : ~ & ~ - ¡'1 I ~ ';; I!! õ "' ~ ~ . ~ jj ~ ð ~ ~~ <'J I!! 0 ~ ! Æ ~ " ~~ ~ ~ H " ~ " " " . ~ H ~ H 0 , 01: 0 ! ~ ð . ! j! ~ i ~ : '.5 E , E. -" ! -" ~ ' ~ i3 " '-' § ---:~ ~ ~ ~ §¡ :J~ '-' !; II: Ii 0: :g, '" I 0 is. i3 ~'~I' H H, ~i ~ ~ I ~,~ ~ ð I ~:¡: ,n!ð.8" H --J...~-~-.j.-,L" 01 . I ~ ~ I '" I " I I ~ 0 m ~ - ¡'1 ~ . ~ ~ ~ I 0 Z '" 0 ~ 'õ ~~ ~ If' ",0 ~o -" 0 jj~ ð:1l H H ~ g 0 0 0 ~ ~ '~ ~ 0 LJ '" 'õ ì~ ~o " 0 H " e H H "j) 0.'" 0 0 . 0 ~ g . 0 '~ ~ & ~ ¡'1 ,~ , ~ I ill Ii . , " ' . i'; I ~ ~ 8 0 0 0 II 0 i . ] " ~ " I > I " 8 ~ ~ . J 0 LJ LJ ~ ïe ~- ~ ~~ ~ .¡ ~ L H 0 H ;f H B ~ HI I! Ii H !LUI " ~ ~ i Q I Æ , , - - . " ~ - ! I , I Q I , Æ I i .... I " . ~ ~ 0 11 11" Ii! e lO.j :;>.81:, n:J, ~H !U '" 10." 0""" ~ E ~ 'õ 'Ë . ~ ~ i ~] n H g '~ ~ & ~ ¡'1 ~ 8 0 0 j 0 "- ~ ~ '~ 0 LJ " ~ ~ i - ¡'1 '" '" 0 0 ~ ~ 'õ '5 .%~ .%~ ~. ~. HH ~ 0 ~ 0 "0 "0 un HH Hot,xl ¡ 3i ~' I!! " " " "E ~ ~ß H 0 £ò 0 ~ ~ ~ ~ 0 . 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N N RES IONS TO SCHE",A TIC OESIGN COMMENTS FOR THE CHULA VISTA POLICE FACILITY ~~oo'l SectIon :1 1-21' ";;~"'oo, 221 I ~"X2" ','::':::" Eg"" 2221 AX21! """'0m Eg,," r ' __C""ReVie~- 'p",ide ,"Iomatio dooble doo" I<om pecking 10 ,1,ma,l" ""' S""well' 10 be a m'nim"m of6' wide W,deo i,te,iOf ooffidOf' 2231 AX21 "~~,:~o,m !P<ovide Eg"" I<om ","rtya'd 10 p""io area 2241 AX21 "~~~~O, 1 North ,ide of b"ifdi'g oeed, more e"'"iOf aœe" 2251 AX2,1 "~~,:::' 1(,lhedeliverybaygaled? 2261 AX221 se~::;om !P"'idemore"'it,«om(,,",,<oom, 22T I AX2,2 I s";';,~:;oo, 1 o"igD gang re,l<oom, with no deDI' AMENDME Þ THE ORIGINAL BAS'" uF DESIGN DATED, JUNE '. 2001 REVISED 11115101 ~.. CJ 10 ",iew oed "'poDd wrth the 00 o""menl,, CJ to ",iew oed "'pDOd w"h Ihe 00 o""menl" Highland Partner~^_.þ, Inc. ii...oMi<>I! P",ide A"lo OOOf' wi P<o" C"d Aoo", Need (0 Check Ra(i'g re,"iremen(, of do Of OK p" 10/19101 Drawing"~ ~~ I~~i:~i~;:,:~':~~~n"~;;\h (he 00 o""meol,, Woo'" iDcre", 10K pee 10/19/01 o,awing' CJ '0 review and ,"poDd wifh Ihe 00 O,,"mool,. Seo","y ("",, OK p" 10/19101 o,awiDg' ----" Iseo","y(,,", CJ 10 review and re'pDOdw"h Ihe 00 o""ment,, OKp",0/1910,OmwiDg, No, MWL R"pDO'" oefinite(y ,h,"(d be! oDO'1 waDI anything "nlow"d left iD Ih"e Seo","y (,,", CJ 10 ",iew oed "'pond with Ihe 00 ooouments CJ 10 ",iew oed re,pond with the 00 O,,"mool, 22B! AX2.2 ! se~;,~:;OO' Not o(ea, DO ",noediDO betweeD p"kiDg 'eve( and b"ifding 2291 AX" I Th::,:;:o, IAre Ihree 13) e(evalo" IOf Ihi,d '"e' Deeded? 23' 1 A2.0 g,..meDi 1 Meohani",( E,"ipt Room - P<ovide e"'"im eoce" IOf e,",pmool eelVice 2321 A2.0 g"emeDi I Me"'oni",( E,"ipmen( Room - Can e,"ipmool be laken in/oo" 2341 A2.' ""IFlom 11,'oodiDgd"kmleedeodd!i,"way,'oped? 2351 A2,' 2361 A2,1 --+--..- Copy R5 - wi(( e,"ipmen( fit i"o Ihi' ,hape? 2371 A2.2 I Se",dFloD! IAdmin "'pya,d fife"oo,ma(( P<o,ide fOf wet, ye((ow ,"oke" IOf pal<o( office" 2381 A22 I Seco,d Flom I M"Iti-media <oom looemall (pe"peoeoeed",,"'meDl) 2391 A22 1 Seco,dFloo! IP<ovidewomen',AoA,howOl Revi,ed 11/15/01 2411 A2.2 I Seco,' Floo! "noOfpomlea L"noh <oom patio Same (eveL No Gale, OK pOI 1 0/1 9/01 omwiDg', Area wi(( have CCTV monitOfing OKp"'0/191O'0mwing' OKp",0/,910tomwing' oKpOl'0119/01OmwiDg, CJ 10 reviewond !"pond with Ihe 00 Oooumenl', MWL R"po"" YES Wou'd ,ot ,ugge" ony "" San o;ego PO HO """'Dtfy 10K p" R"ponee and 10/19101 Drawing, & g<o"'" aboot (eok of e(ovato" (if even Doe " 001 o( eelVice and Speoifi"'tio" everyDOe "ffe,,), CoITidOf I<om Baeemenl Pecking, MWL R"ponee M"I be ,eo"m"e' y" Ih<o"gh A!",way Aoo", I<om North OK pOI 10119/01 o!awiDg' OK p" 10119101 Omwing, INo, MWL R"pon", AftOl oen,l,"olion de(ivOl'" ale oemp(eted, lewl detivOli" WO"'" evOl need an e(..,led dook O! a d"k (eve(OI, Most d,'d d(" '«bb ,«I k 'Ihlh' '. - oKpOlR"poneeand10119/0,0"wiDg, ay 0 ay ,"ven" w, e yama ,"0' w, e" own .ommy (ifl, Save yo", money to! "melh,ng e(ee, L_, Need ,i" 01 Eq"ipment. CJ 10 "view aDd !"pond with Ihe 00 O,,"menl, CJ/MWL to review and "'pond with lhe 00 o,,"menl,. Check PlOg"mAIe" ~ -----~.. ,--,- I MWL/CJ 10 review and !"pond with Ihe 00 ooc"meDl, CO"," 'Ie,"ire add",ona( B""ding Area, CJ 10 !eview BOd "'pond with Ihe 00 Ooouments Tolhe Ea" ollhe Lu,ch Room 12 0121 OK pOI R"ponee & oala Sheel" AddDlonal o"ign with 00 oo"moo" Nol Re,"ired OK pOI R"ponee & Data Shee", Additiona( 0"i9D with 00 Oo"menl" OK pOI tO/19/01 O"..;ng" OK pOI 10/19101 o!awing, OK pOI 10/19/01 o,...;ng' QlhorA<!l<>I! None: Review again al 00 None None None None None NODe None None None None None None None: Review again al 00 ,None NoDe: Review again at 00 None None None Dave Cecil RES IONS TO SCHE.,ATIC DESIGN COMMENTS FOR THE CHULA VISTA POLICE FACILITY AMENDME " THE ORIGINAL BASI> vF DESIGN DATED, JUNE " 2001 REVISED 11115101 Highland Partner~._.p, Inc, I __I 1- ___~tha'Act(on r,¡." ~oC'1 Illi!!<m CItY R..lawComman" HPI R"oonsos Bn2IY!l9.n ,--"","u_--- ---- -- 242[ A22~~~'O" ",0" ":'ida l"fI ~"'-"----- A V,"di'g ood Wa=i'g Kitchan i, ou.antfy provided, OK pac R"po"aand 10/1g¡" D"wing' '"I< Kitchan N no! "qui"d, 0", --, Same ,,#242, MWL R..pon,a Wa ha" n..ac had ,ucc", with ~:a~:'o:;:a~n~;a~nd 10/1g¡01 D",,"iog, Coac",ion Nona '" 3 -- 'Þ'='~"'-'-'"'...'"~ co"",io"i,,' 10' b"ilding, with ,(amog (a,,(, (a" than 4,000 in a buildiog ---- CJ 10 "viaw and "'pond with Iha DD Documanl" S" Commanl OK pac 10/19/0' D"wing, Nona 245 A24 Rool PI" Show ,kyhghl,? abova - ,,------- _u'---, ---, --- - ,- -- u- 24T A2.4 I Roo'PI" Show aquipmanl ""'" Tha High pa"pa" "a Iha ""'" OK pac 10/19/01 O"w'ng' No", --,- - --,..",--- ----..-- 248 A2,' RooIPI" P",ida Rool aco", 'ia '(ai" CJ 10 ,..iaw and ,..pond with Iha DD Documanl" Aco.., wi(( ba OK pac R..poo" and 10/19/0' D"wiog, Nona providad, -'----'------ -,- - - 3Ot GC' G,oem( Pro,ida Janito, do"" with mop ,ink ood "Ofaga, fwD (2) MWlJCJ to ,..iaw ood "'pond with Iha DO Documanl" IMfI ","ida OK pacR..pon'aaod 10/19/0t O"wing' No", Com moo" aach pac f(oo, minimum pac dala ,h,," ,--- 303 GC3 Gooac" P",ida Racycllng biD a(co", - ""'" pac nOOf MWlJCJ 10 "viaw and "'pond w(lh Iha DO Dooum,"I" IM« pro'ida OK pac R..pco" and 10/19/0' D"wiog, Nona Comm,"" 'n copy A"" ---,- ---,----, Goo,," MWlJCJ 10 "viaw and "'pond with tho DO Documanl" Pac Oala 305 GCS Comm,"" Provida Offi" ,"pp(y 'paca/"o"l " n"dad Sh"I" Oaity"" in Copy Room, B"" Slo"ga in Q"'rtac Moslac OK pac R"pco" and 10/1g¡" D"wing, Nona A"a '---,-- 306 GCS Gaoeml Provida o""ida/nalu,allighl wha"va, p"'ib(a CJ to ,..iaw ood "'pcod with tho 00 Documaol, DK pac R"po", and 10/19/0' O"wing', Add",o",1 Nona Comma", D"igo providad with DO '---,- C~~:::;~:' T""" ,hcu(d ba ga(va,i"d, not wood 0' pa',lad, OK; IMfI lacl"da " a mala( "ruct"" D"~o and r CJ 10 "viaw and "'pond with tho 00 Oocum,"" 'pacifocalion, wi(( ba axpoodad with tho DO "d CD No", Ph..", - -, - -- MWL 10 Prov'da, MWL R"pco" Room Dala Sh"l, wil< ba ~o GCtO Goo,," AI,o, p(a", pm,ida 00 aco""la ood "pdalad 100m data cooliouo",(y updalad Ihmughoul 00 and 'ighl up iiI< i"uaace 01 S" Naw OBta Sha'" Pm,idad Nona Comma", ,h,,"" ,Don a' p"'ib(a GMP They ,hould ba tho "U'iog" documenl wlte" al< Dol", chang", a""alion,. ,..i,ion, "a docum,""d -, ,-- Fica Oo"lha fica dapartmanl hava acco" 10 tho Safly port? Pac M"Ii'g 019127101; 12 ftwi(( ba OK with tha Fi" 401 FD' Oap,rtm,"1 Requi"d width '01 ",' (hao 20 fa" aod an uoob"rucfad Sama """ " Iha Bu" Cullanl c(aa, haighl a((owad i, 12' Oapa"man<; IOlt9/0' Df8wi'g, canact appmvad No" Comma", vartica(c(aBf8ncoofnol(a"lhan13Ie"6inch", d"'gn ___un_, ,----, Fica 402 FO2 Oep,rtm,"( S(ope 10 bavamanl not 10 "",d '2% CJ 10 "viaw aod "'pond with tho 00 Dooum,"" OK pel 101t9l01 D,awing, None Comm,"" Fi" appalalu, aco", m,d, ,ha(( be d"ig"d aDd (; fica truck: caD ,lop oaa' tho b"aman! wa(('~~;;-'~P-';I I~-:-;:f------' 403 FD3 F,ca maiotainadlo ,upportlhaimpo"d 'oad,offi" appalatu, and "ructuf8(,'ab.o'havalogodownlha"mpiololhab",maotlh," OKpacR"pco"and101t9/01Dfawing, 8Iruct",,' Nona ~'.";~:~,~( ,ha(( ba pro,ided w(lh a ,urt"a 10 pmvide a((,waalh" d'lving d"ign wi(( ba pm,idad lolacio, courty"d do" DO! hava truck D"igo wifl ba p,o'ided w(lh DO & CD Pha", capabH"", "co.. n_-..-__--- ---- '04 Fa, Dap:~~,"( Thalum'ngfadiu,olaficaappafalu,mad,ha«m"lfi" lM((meel"quicamen"CJlo"viawaodca,po,dwHhlheOO OK ac10/19/01Df8wiog, Nona '- -'"'----,I~' -,--- n ' ------- "ca Fi" da artmenl Coooection' aod Po" indicalOf va(va, ,"at( , , , 405 FOS P . d ( Ih b '(d' I" h d I IM« m,,1 "qu"am,"l, GEM!CJ 10 cav",w aDd "'pond w,lh tho DO OK pac R"poo" and 101t9l0' D,awing' Additiooa( Nona ~':~:~t~' ~h:(~:~~;'I;~::~~;ac away 10m a u, 'no. no a ac a 0 Oocum,"l, D"ign p",idad wHh DO, Revi,ed,11/15101 13 of2' Dave Cadi J ¡:: ..... -i ~ a;¡ E .... ~ P-. 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" ~ § e jj II. 2 ill . u ! : [ " , 0 <'! ~ ¿J . ;'i . ~ II. 0 0 . 0 0 ~ £ ~ ð N .; ! 0 . 0 ro 0 0 ¡: 0 " '" . " ~ ,¡) . " " ~ ~ ~ ~ . w . . Æ ê ~ ~ " . '" ,j! , RES, IONS TO SCHE.",TIC DESIGN COMMENTS FOR THE CHULA VISTA POLICE FACILITY AMENDME b THE ORIGINAL BASI" uF DESIGN DATED, JUNE " 2001 REVISED 11115/01 Highland Partner~._þ, lnc. ~+[)oc se""",-_L_<:Jtv_Roviewc"",-ment' L t!l'l1!n lQlI'" ---- ---- L__-- Re,ol,tlon J- --~tIte' AotioD -- I --+---1=- -~-- --- """'m"",-I.JW ---=--1----- --- --------- =~EIE!illEMS 'i~f'" -" .,-" - -" - ",. ",,'"'"- -I~;.~~ Re,:w/OO Ph::: ---- to 6000 om Rm MWL R"poo,e, We 0000'" See dato ,heet, O'phoale Re'po",e, Oe(oI, œnte" - -- - -- -- -- Bed w,,(d be an FF&E ilem MWL Re'pon,e,', !hi, a new IS 6000 s::'o:,;;;m Pmvide a bed 0" b,nkfo" Stoff ]0" Off-Ho""'pe"alion "e,'ieemeot? We ha'e ,(eepove" mom, ,hewn at the MIFM (coke" Th" i, B'dgeted with Ihe FF&E C"ts; Not Re,'i"ed Nol Req'ieed; De(ete mom, (to avoid tiatemi"lion pmbfem,), --- - --- -~- 30 60fD R'~~I~ ,"if No Comme,ts OK OK; (cc(,ded, No Di,cu"ioo Oe(e(e ----- 3t 60'D Vi'" No Comme,ls OK OK; (nc(,'ed, No Di"u,,'oo Oe(ete ------ 35 6000 P"~:~:rt" No Commeot, OK OK; Incl,ded; No Di"u"ioo De(ete ,------------- The inteITogalioo mom,n,te~'ew mom' Deed to he,e a See item # 54 & ", Mv.1. Re'pon,e "c(.., PO advim othe""'e, dDO"ajaca(a=, ere to be ',ed on(y injoveoife "(oooge,", " BoOO '"e"'g"'o, weming b',,"f "Ihe doo," open fmm within, opeceted by e Remembe, any powec "tiel, 10 the,e mom, m",1 be ,witched 00 OK; Can 'cd,de; Need, Review O,phoate Re'poo,e, Delet, 'wifch on the wa(( the DOtside of the mom (to pcevect ,"icide,() ----- 59 Bo(D ,",e"'g"'o' Jovenifeinte~iewdoccto,",n'a(a= See ifem #" Mv.1. to cocc"cete with Sec"'ity Sy"em De'igc, Mv.1. OK C I I d N d R D'phoate Re'pon,e, De(e" Re,poo,e, We concu" See above ' 'c 00' e; ee, ov"w --------- ,------ --- ---- 63 6000 L""h Room No VCT, ,heet good, ,och Flobo oc hno'eum cequiced See #'2, CJ to ,.'ect matec'al" Mv.1. Re'pon,e Thi,k yo, mean OK; Can (nc(,de; Need, Re,iew D'plicate Re'pon,e, Delet, Fccbo 77 BoOO Eo"ipmeot Co-ge' i, part of the pmjec( aDd HP< mu,t accommodate See # 70; We wit( pmvide conduit" ,'ee,e" piping elc, to a((ow fOf Req'ife, Addifiooa( (nfo=a"on fmm the City to O,phoate Re'pon,e, Delet, p,,",ant 10 Sid MoITi, ,",uce co,ooclio"" Need 'nfo=alion fmm City" oo"'((a,t Re'pond 78 BoOO 'q"ipm,"1 Vef'ywa"-ic fceew i, of ,"fficien( ,i2e to hac"e matecia( See # 75; BOD i, ba,ed on e,i'licg fcom," being ce(ocated Thi, i, B'dgeted with the FF&E C"ts O'phcale Re'pon,e, Delet, q,aclity ------. 86 6000 Eq"ipmeot Pmvide inl",ion a(a=, a, co"icod by Ponce Oepartmeol ~:';,~::~~:~,sec"'ity Req'icomeots Mv.1. R"poo,. We concu" Combined wifh #85 Oe'ete --- , '--- -- , -- -- 97 60fO Eq"'pmeot Mach" (?) i,thi, aT',? Need '"rthee den'it'oo ,nd co,,'comeols to c"pocd See Pcovio", R"pon.. D'plicate R"pon,., Delete ---- 110 6000 Pmvide wai",oo! DC "b caif, in high tcaffic acoa, ,ooh a, See >'2 & #103; CJ to de"=ine maleeia(, & (coBtlon, ic DD ~e~;';;;.,:~~;, CJ to dete='" materie(, & looalion, O'phca" R"pon,., Oele(, 'q"'pm,"t coffee mom, bcoak mom' ,nd oo"ido," Dco,men(, ---- n' 6000 Equipm,", Pfovide EPOM type cDOI Of cool cool pee Rick Mal"c See Item #101 See Item >'" D'ph"'te Raspan", Delet, Re,ised 11/15/01 19 0121 Dave Cecif ;¿ .::: -...;: -" '-< 0) B '-< rd Il.. "C >:: rd ::a b() i ~ z ¡;; ~ ~i5~g ~~~~ z~ -'-::0 0 ) ~ w w~~~ "'"",,0: !ii! 0 w '" '" h ~~ ~;:: ~~ 05 Zo. oS!", ....",.... ",w", zo;;: 00", -~~ - .¡¡ 0 "'J:w wOJ: 0:""'" I I I ! II : .:! ð ! ~ õ. .s M ~ ~ "' . . .~" Hi 8.iS ," ë Hi ~Di I i'i;;~ ~,~ ~ I ~ i ~ ~~ ~ ~n . 0: ,- . 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I I I ~ I I ~ I I i ~ I I ~ I ~ I I ~ 'I ~ ~lil~1 I f I ~ , -tÆII1I~ -~~ I ~ {. ii, II I 1m 1m ~ I ~ I ~ II I ! 1! ~,!"J~ !, :",i:" i'lil~lhhl H;: ~l¡il IUHi H~;; I ! 111 ~ \ 0 \ !H,i II i¡~;~,ì I~I~I~I ,~,~~:'~ 5::;:: ],",:\<I I ~ I~H~I ~~::.~ -¡ ~ II ~ 11~71" ~ I ~ú¡¡ ¡ ~;'þ- 'I' I I', I¡",~_~ I I', ~~ '] U;hi :=. :¡;~ 1~:¡H~ , ;E II! ~:i,'i'8 ¡oil I ~I',:E"¡,I ,lg1"IIH¡~H . Ii 111.. i~oi~~f~~~ ~! ß tiLl i ~ ¡ÕE>¡¡".' > m 1 ~ "DEI ~"!"_i H,i~>.~~ ; ~ ] ~;~, > I ~- I~' - -:;; , a: '..1 o:>H ~n~~j] ¡; ~ " ~ l~õ:i I > -"~.~ I L, i II, i I Hill II In \ ling ~'E .I"m~ O.,...DÕ~ -J~"¡_ÆJ!"I~~:I Æ I ÆH : aHH jIUIUIUliHlu! < I i"8,1"81"8~I8 I I "l1~" .!o!~1 I &~I~I~'¡¡;;~ § I ~IMIO M~~ ð I . ,~ ë. Ö ð I ë. Ö '0 <3 . > i': I N õ N 0 ~ ~ . > Ii! § w w <--/'.17. Ul GUARANTEED MAXIMUM PRICE SUMMARY CHULA VISTA POLICE HEADQUARTERS REVISED: NOVEMBER 15, 2001 GMP TOTALS 1 Hard Construction Costs: 2 Direct Cost / Design To Budget - Demolition, Facility and SiJe Improvements 32,596,878 3 Design Builder's Construction Contingency Fund 1,680,000 4 Subtotal - Hard Construction Costs 34,276,878 5 Deslan Builder's Fixed Fee: (Excludes Off-Site Work) 6 General Conditions - Design and Construction Management Costs 2,516,002 7 Design & Engineering Staff & Expenses - Facility and Site 3,202,184 8 Overhead and Administration - Development Staff Costs 446,628 9 Design Build Portion of Fee 893,256 10 General Contractor Portion of Fee 1,607,861 11 Subtotal - Fixed Fee Scope Items 8,665,931 12 Deslan Builder's Relmbursables: 13 Building Permits; Plan Check Fees; Capacity Charges & Utility Fees Allowance City 14 Design Builder's Performance and Payment Bond 270,000 15 Contractor Controlled Insurance Program - (General Liability, Professional Liability, Workmen's Compensation) 1,950,000 17 Subsurface Investigation Allowance 15,000 16 City's Field Offices, Video Documentation and Website Allowance 50,000 19 Warranty Extensions - Bid as Additive Alternates (Funding Source Unknown) Add Alternates 20 Subtotal - Original Design Builder's Reimbursable Costs 2,285,000 "1 Off-Site Public Rlaht-ol-Way Work â Off-Site Allowance - Includes Design, DB's GC's, Staff Costs, Fee, Ins, & Bond 3,500,000 23 Subtotal - Off-Site Allowance 3,500,000 24 SubTotal Design Build Guaranteed Maximum Price 48,727,809 27 City Fees/Administration Costs/FF&EIRelocatlonsJOwner's ContIngency 26 Remediation and Demoiition Allowance In Construction Aboye 29 Property Site Acquisition and Relocations 7,000,000 30 Construction Inspection & City Oversight 3,250,000 31 Building Permits; Plan Check Fees; Capacity Charges & Utility Fees Allowance 200,000 32 FF & E 1,635,000 33 FF & E - Relocate Communications EquipmenJ 327,000 34 Relocation - Equipment & Services 250,000 35 City Contingency 1,610,191 36 Co-Generation 7,000,000 37 Subtotal - City Budgets 21,272,191 38 Adjusted City Budgets SubTotal 39 TOTAL PROJECT BUDGET 70,000,000 Highland Partnership, Inc. Printed: 11/15/2001 @ 2:42 PM GMP Summary; Final Fixed Fee Schedules 111501 B.xls A#4d1menf ().. :I-Iem 13 Highland Partnership, Inc. Design Build Team City of Chula Vista Police Headquarters Design Build Agreement November 20, 2001 111 Highland . CARniE ( JO","SON -,b, HIOghland City of Chula Vista Police Headquarters ¡ r Design Build Agreement ~\ft, -.- ~~~ OTYO' CtfJIA VISTA 1}1 Highland Introduction to the Highland Partnership Inc., Design Build Team Highland Partnership, Inc. has carefully assembled a highly qualified team with the staff and experience necessary to develop, design, and build this important civic project for the City of Chula Vista. Corporate information and experience for Highland and its key Design Team members follow. Highland Partnership, Inc:s Principals and senior management have experienced working together on major public / private turnkey projects since the dawn of the Design Build delivery system in the early 1980's. Highland's experience includes assembling and managing multi-disciplinary teams to design and construct complex, special purpose projects in masterplan environments where ownership, financing and phasing considerations are of paramount importance in achieving feasible and successful project delivery. McClaren, Wilson and Lawrie, Inc., (Programming Architect and Technical Advisor) is one of the nation's foremost experts in the planning and design of facilities in public safety and forensic sciences, and has advised on the critical design aspects related to the Police Facility. McClaren, Wilson & Lawrie, Inc. have worked previously with Highland as consulting architects on a number of public safety projects in San Diego and Riverside Counties. Carrier Johnson, (Design Architect / Architect of Record) San Diego's largest architectural firm, brings to the Highland Team an enviable reputation in masterplanning, designing and producing large scale and intricate projects. Highland Principals previously worked with Carrier Johnson on the Rohr (Goodrich) Masterplan and buildings. . CAHalLH JOII,,"SON 'th, HI'ghland City of Chula Vista Police Headquarters ; " Design Build Agreement ~\f~ -,.- ~'!'~ mY Of CHlJIA VISTA Highland has developed a reputation of successfully delivering complex and technically challenging projects Our client-focused processes are developed around the clients' needs and goals, rather than timeworn, inflexible procedures often found in large general contracting firms. Highland Partnership, Inc. Highland Partnership, Inc. specializes in providing turnkey development, project management and construction services for new and retrofit building projects for the public sector, corporate, medical and technology based industries. Our Principals and management team continually strive to improve on the best project implementation techniques. Highland is recognized as a leading Design / Builder and an innovator in other emerging forms of contract which add value for our Clients. From our corporate office in Chula Vista Highland has directed and implemented projects across the nation, concentrating the majority of our efforts in Southern California. Anchored by an experienced management team and client- focused processes, Highland has developed a reputation of successfully delivering complex and technically challenging projects for our clients. This distinction has been accomplished through: ,~. "~ . ~ "Y"; ,', . Proactive participation of senior management in al aspects of the design phase process, particularly during the critical conceptual and schematic design phases Developing accurate and comprehensive project budgets early in the design process and maintaining that budget to completion through detailed and effective cost management Executing a project-specific competitive bidding process that consistently results in the lowest prices and the selection of most capable specialty trade contractors. Day-to-day, hands-on site based supervision and inspection during construction phase, ensuring top quality installation of all trade work. No Leaks Q[ Squeaks !! '?h Hl'ghland City of Chula Vista Police Headquarters ì J' Design Build Agreement ~I(¡:.. -~- ~'!'~ Highland's senior management have the ability to "think like an owner," First andforemost Highland is a builder mvOl CHUA VISTA Highland has provided turnkey development, general contracting and construction management services on a wide variety of public and private sector buildings. Through this diversity of experience Highland's senior management has the ability to "think like an owner." We have developed an excellent reputation for being a proactive and creative partner with our clients during the early, formative phases of the project, rather than being just a general contractor who waits for the design concepts to be complete before reacting. When Highland provides development and construction services for clients we work hard to create the right chemistry from day one by carefully matching our internal team's experience with specific project and client requirements. Management and reporting systems are also developed to best meet the special needs of each client. By performing in-house many of the tasks associated with program analysis, design management and development coordination Highland aims to save the significant costs associated with including additional consultants or redundant layers of management. First and foremost Highland is a general contractor, and our ex1ensive experience in this discipline provides the solid foundation for all the corporation's related activities. Our past success in satisfying our clients has resulted in the award of multiple projects for the same client and we have identified, on the following pages, a few of these special client relationships. .,t" Highland City of Chula Vista Police Headquarters ¡ r Design Build Agreement ~Wt- ~/,b= Of"" 0LtA VI!;1A RIVERSJDE COUNTY ~J! ECONOM'C DEVELOPMENT AGENCY 1/ HOST MAilHfOTT 6'ER17c£S County of Riverside I Economic Development Agency Highland has successfully completed 8 projects for this client. We continue to enjoy a wonderful relationship built on trust and "on time" delivery of quality projects with Brad Hudson, EDA and Lt. Dana Fredendal, Riverside County Sheriff Department. Several projects have been as Design Builder and several have been as Construction Manager Constructor. The Riverside County Sheriffs have presented Highland with several awards for excellence. 1. Jurupa Valley Sheriff Station - Design Build 2. Department of Justice Site Improvements for the State Crime Lab - CMC 3. Hemet Valley Sheriff Station - Design Build 4. Lake Elsinore Sheriff Station - Design Build 5. Lake Elsinore Station - Off-site Improvements - CMC 6. Department of Public Social Services - Remodel Existing Interiors - CMC 7. Medical Office Facility, Blythe - Design Build 8. Indio Coroners Facility - Design Build Otay Water District Highland has successfully completed 5 projects for this client. Highland and Otay Water District enjoy a very positive working relationship built on day-to-day design and construction issues with the complexities of an on going 24-hour a day non-stop business. All projects have been as Construction Manager Constructor. Highland would work with Tom Harron and Fernando Poveda at Otay Water District again anytime. 1. Warehouse and Maintenance Facility 2. Emergency Operations Center and Maintenance Facility 3. Administration Facility 4. Water Conservation Garden 5. Interconnect Pipeline Heavy Vehicle Host Marriott Services Corporation Highland successfully completed 9 major projects for this large private (publicly traded) firm. Highland enjoys a wonderful business and personal relationship with Ron Inness, Design Director for Host, and looks forward to the next opportunity to work together. From 1993 through 1999 Highland provided CM, CMC and General Contractor services on the following projects: 1. San Diego International Airport - San Diego Unified Port District - East and West Terminal Remodel and Addition Projects - CM 2. Los Angeles Int'l Airport - Interior Improvements - CM 3. San Diego International Airport - San Diego Unified Port District - Commuter Terminal Remodel Project - CMC and General Contractor 4. Ontario International Airport - General Contractor and CMC .,t" HI-ghland City of Chula Vista Police Headquarters j J" Design Build Agreement ~\rt-- -;~:; em", QUA VISTA 5. San Diego International Airport - San Diego Unified Port District - Terminal 2 Interior Improvements - General Contractor and CMC 6. Las Vegas International Airport Terminal D Interior Improvements - CM 7. Miami Int'l Airport Phase I Interior Improvements - CM 8. Sacramento International Airport - CM (assist with competitive Proposal Response) - Project was won based on Highland Budget and Phasing Plan 9. San Diego International Airport - San Diego Unified Port District - usa Interior Improvements (Host not invoived with this project but Port wanted Highland to do the project) ..... . .... ..... d'" ",. Centre City Døvetopmont Corøoratton Centre City Development Corporation - CCDC - San Diego Prior to the formation of Highland, Ian Gill and Dave Gardner (principals of Highland) worked directly with San Diego's CCDC on several landmark projects. (One America Plaza - 33-story high- rise and Trolley station, San Diego Police Headquarters, Heavy Vehicle Maintenance Facility, First Interstate Office Tower, MTS Office Tower and Trolley Station). Through the positive relationships built over the years Highland was a partner with CCDC in the Development of the first downtown childcare facility "Kids on Broadway" in a public / private partnership. It is a pleasure to work with Pete Hall and the great people of CCDC. 1. Downtown Child Care Faciiity - Design Build 2. San Diego Ballpark District - Project Management ",\\\"'.SEA 1i'¿.L ';'.==--- - ~ --I" .~ . -"~-'-." !.~~ . Hubbs Sea World Research Institute Highland was initially awarded the Hubbs Sea World Research Institute's Headquarters Facility located on the property of Sea World. Again, due to a very positive relationship with the client, Highland was subsequently awarded the Hubbs Sea World Institute's Carlsbad Fish Hatchery and Research Facility. Our professional and personal relationship continues today as Dave Gardner (Highland Principal) is on the governing board of directors of Hubbs Sea World Research Institute. 1. Hubbs Sea World Corporate Headquarters Facility - Design Build I CMC 2. Hubbs Sea World - Carlsbad Fish Hatchery and Research Facility - Design Build A representative listing of some of Highland's other successful projects is summarized below: -,b, Highland City of Chula Vista Police Headquarters , J' Design Build Agreement ~\ft- ~!"~~ (I1Y( f CHUA VISTA '~!b Awarded: 7/15/1995 Completed: 5/1/1998 Contract Cost: $10,700,000 Cost Overruns! Change Orders: Project Executive: Dave Gardner, Sr. CMC Sr. Project Manager: Dave Cecil Client Project Manager: Ron Ripperger, OWD (619) 670-2279 Awarded: 10/1/1995 Compieted: 9/1/1996 Project Cost: $15,000,000 Cost Overruns! Change Orders: 0 Project Executive: Dave Gardner, Sr. Sr. Project Manager: Dave Gardner, Sr. Ciient Project Manager: Ron Inness Host Marriott Services (301) 380-3748 Otay Water District Headquarters Spring Valley, California A $10,700,000, 79,000 square foot remodeling and expansion of the District's Administrative Offices and Operations Center on two contiguous sites totaling 10 acres. The project involved the phased demolition, remodel, new construction and sitework associated with 39,000 square feet of administrative offices and 40,000 square feet of operations facilities, including an Emergency Operations Center and Vehicle Maintenance Facility. Highland's management of the two separate governmental entitlement processes and construction sequencing strategy successfully minimized disruption to District customers and employees during construction and enabled an accelerated commencement of construction on the first phase. 0 Features: Construction Manager/Constructor Governmental approvals through County of San Diego involving two separate processes: "B" designator; Major Use Permit Management of public bid process/ separate trades contracts for four construction phases Creative mechanisms for emerging business involvement Preparation of detailed development / construction budgets Full-time on-site project management Low voltage systems management FF&E procurement and installation . Tenant relocation mana ement San Diego International Airport - Terminal Two Improvements, San Diego, CA A $15 million renovation of all food and beverage and merchandise areas within both the East and West Terminals, including new Terminal 2, at the San Diego International Airport. This renovation has transformed the airport's concession areas into themes mirroring San Diego's personality. Since the airport is a 24-hour facility, construction coordination was critical. Working closely with Port officials and airport management, Dave Gardner of Highland was responsibie for all design coordination, construction management and DBE compliance. The project inciuded a combination of new facility spaces built on the tarmac, and renovated spaces within the terminals. Significant structural retrofit and relocation of existing power, utility and communications wiring systems was necessary. Features: Project/Construction/DBE management Fuil-time on-site project management Sequencing strategy to maintain service on all sections Preparation/monitoring of Master Schedules (Pert/Gantt) and cost estimates Interface with Port and Airport Operations Management of bidding process / General Contractor selection Partnering Plan Management for subcontractors EEO plan development and management; attainment in excess of 30% emer in business involvement FFE mana ement .,b, Highland City of Chula Vista Police Headquarters ¡ J' Design Build Agreement ~\f(,... - - ~~~ nTH)f CILIA VISTA Awarded: 12/14/1999 Completed: 5/9/2001 Contract Cost: $3,800,000 Cost Overruns! Change Orders: 0 Project Executive: Ian Gill D/B Sr. Project Manager: Dave Cecil Awarded: 6/30/2000 Completed: 11/1/2001 Project Cost: $3,100,000 Cost Overruns! Change Orders: 0 Project Executive: Ian Gill D/B Sr. Project Manager: Dave Cecil Client Project Manager: Lt Dana Fredendall (909) 955-2520 Coachella Valley Mosquito and Vector Control District Headquarters and Operations Complex Indio, California A $3.8 million, 21,000 square foot Headquarters and Operations Center Complex. The new complex consists of three main facility centers; an Administration Center, Operations Center, and Fleet/Maintenance Facilities. Design coordination with the client's Architectural Oversight Committee has ensured that a quality facility is built for the District. The Administrative Building houses administrative and finance activities along with District boardroom and conference rooms. The Operations Center includes specialists' offices, mudroom, and biological laboratory with rearing rooms, and a dry ice room. Fleet and Facilities Maintenance Center support an auto shop, welding shop, woodworking I utility shop and facilities maintenance shop. Features: Design I Build Contract Fast-track design and construction Three-building Headquarters and Operations Complex Secure fleet I employee parking; 20 public parking spaces District Board Room Storage Buildings constructed for flammable chemicals, regular chemicals, cold chemical storage and dry storage. Coroner Forensic Center-East, Riverside County Sheriff Indio, California A $3.1 million, 14,580 square foot fully accessible public services facility. The Coroner Forensic Center-East is the first of its kind built in eastern Riverside County, servicing a population of approximately 250,000 residents covering roughly 5,000 square miles. The facility provides a full service forensic center, office space for Coroner and Public Administrator operations and a Public Administrator warehouse. Groundbreaking was conducted in July 2000, with construction commencing in November 2000. The facility was dedicated on November 1, 2001. Features: Design I Build Contract Fourth project for Riverside County Sheriff Turnkey development and construction Fast-track design and entitlement Project financing and County-owned land provided by EDA State-of-the-art HVAC systems to ensure a safe environment for employees and surrounding neighbors On-site parking, lighting, landscaping and off-site improvements Exterior design of masonry and stucco in harmony with adjacent contemporary buildings . Drought-tolerant landscape . Emer enc I 'tt1. Highland City of Chula Vista Police Headquarters ; " Design Build Agreement ~I(t- -~- ~'!'~ . , " , . -,::~ ..... f.A f. '--'--.. ". """, ". """"., Awarded: 6/2000 Completed: 11/2001 Contract Cost: $4,850,000 Cost Overruns! Change Orders: 0 Project Executive: Dave Gardner, Sr. GC Project Manager: Dave Gardner, Jr. Client Project Manager: Mark Macarro Tribal Council Chair Awarded: 6/20/2000 Completed: Under constrcution Project Cost: $10,000,000 Cost Overruns! Change Orders: NA Project Executive: Ian Gill D/B Project Manager: Dave Gardner, Jr. Client Project Manager: Lori Moss (909) 461-6002 OTYOI CI-UA VlSlA Pechanga Government Center and Tribal Hall Temecula, California A 37,820 square foot Government Center and Tribal Hall located at a remote 3.5.acre site on the Pechanga Indian Reservation in Temecula, California. The $4.85 million facility has been constructed for the Temecula Band of Luiseno Mission Indians. The design of the project, by Architects Deiawie Wilkes Rodrigues Barker, provides for a multi-use facility, with designated spaces that include classrooms, a library, conference rooms and banquet facilities, full service kitchen, and children's facility with exterior play areas. The facility also provides the United States Postal Service space for the Pechanga. The Government Center and Tribal Hall serves as the Tribe's seat of government, with office spaces for Tribai Membership and Council Boardroom facilities complete with state-of-the-art communications and audio-visual equipment, Tribal legal services, the Water and Accounting Departments. Features: General Contractor Contract Delivery Full-time on-site project management Direct Purchase Project under Tribe's Tax Exempt Status Remote location required septic tank disposal system On-site parking, lighting, landscaping and off-site improvements Propane system . Emer enc Generator Backu Murrieta Police Headquarters Facility Murrieta, California The Highland Design Build Team conducted a needs assessment, programming and locational / site analysis for this full-service design- build Police Headquarters facility currently in construction. The one- story, Phase 1 building and site program includes 38,000 s.t. of building functions in two separate buildings supported by 163 parking spaces in a secured yard on the 5AO-acre site. The secured yard also contains a combined horse stable and kennel building. The initial phase includes the design and construction of the Police Headquarters and Town Square improvements that include hardscape plazas, landscaping and parking areas to serve visitors to the Police Headquarters and future City Hall. Future phases will include a Sally Court, Holding Facility and Community Programs expansion. Development Timeframe is scheduled from August 2000 - May 2002. Features: Needs Assessment / Space Program coordination Building configuration analysis to justify 1- or 2-story configuration Budget coordination for $9 million, Phase 1 program and related $1 million common area site improvement program Coordination of on-site preparation and civil engineering requirements to meet essential facility standards Public Bidding to maximize local vendor involvement Design / Build Contracts for separate Masterplan Phase elements ~ Hi'ghland City of Chula Vista Police Headquarters ; r Design Build Agreement ~I't- -;~:; <mOt CHUA VISTA Awarded: 6/30/1997 Completed: 6/30/1998 Project Cost: $2,400,00 Cost Overruns! Change Orders: $58,659 Project Executive: Dave Gardner, Sr. D/B Project Manager/Sup!: Steve De Frates Client Project Manager: Tina Williams (619) 421-8805 Awarded: 12/1/1994 Completed: 6/1/1995 Project Cos!: $4,000,000 Cost Overruns! Change Orders: 0 Project Executive: Dave Gardner, Sr. CMC Sr. ProjecJ Manager: Dave Cecil Client Project Manager: Don Kent (619) 226-3870 South Bay Family YMCA Chula Vista, CA A multi-purpose, 30,000 square foot facility constructed on a 5.5-acre a site created to offer a full-family faciiity for the South Bay Family YMCA, The Design/Build approach taken with Highland represents San Diego Metro YMCA's first use of this method of building delivery. The design, approved by the local community, the South Bay Family YMCA Board of Directors and the San Diego Metro YMCA creates a new standard that supports the evolving program of the YMCA well into the 21st Century. In 1999 the City of Chula Vista presented the Design Build Team of Fehlman La Barre Architects and Highland Partnership, Inc. with a Beautification Award recognizing the positive impact of this project on the City. Features: Design Build contract Creation of master phasing plan and implementation strategy State of art fitness facility with four pools Community Room and Childcare Facility Fast-track construction schedule In-kind donation coordination and reporting Davis-Bacon/HUD rules applied Construction delivery risk Hubbs SeaWorld Research Institute - Fish Hatchery Carlsbad, CA New 20,300 square foot aquaculture research facility (saltwater - hatchery) built on the shoreline of the Aqua Hedionda Lagoon in Carlsbad, California. This hatchery is raising 400,000 white sea bass fingerlings for release along the coast between San Diego and Santa Barbara. The facility includes a complete seawater filtration system, a modern laboratory, attached glass greenhouse, and administration offices. Located on a 10-acre "dredged" site owned by SDG&E, the grading and support for the building slab is unique. Financing for the project was facilitated through a partnership of Southern California Edison, the California Coastal Commission, and California Department of Fish and Game. Extensive governmental approval process successfully implemented, Features: Construction Manager Constructor No general contractor; non-profit institute as Owner/Builder Full-time, on-site construction/project management Design Assist mechanical, electrical, plumbing and salt water systems Budget-driven Design/Build targets achieved through Value Management Cash flow/payment management for Coastal Commission -,1,. U;ghland City of Chula Vista Police Headquarters ¡ r 111 Design Build Agreement ~I(?- -~- ~~~ (TJ\()f CILIA vr;1A Awarded: 3/1/1996 Completed: 12/1/1996 Project Cost: $2,000,000 Cost Overruns! Change Orders: 0 Project Executive: Dave Gardner, Sr. D/B Project Manager/Supt: Steve De Frates Client Project Manager: Peter Hall, CCDC (619)533-7119 Awarded: 8/1/1997 Completed: 11/1/1998 Project Cost: $5,000,000 Cost Overruns! Change Orders: $308,206 Project Executive: Dave Gardner, Sr. D/B-CMC Project Manager: Dave Gardner, Jr. Client Project Manager: Lt Dana Fredendall (90g) 955-2520 "Kids on Broadway" San Diego, CA Urban Childcare Facility This Design-Build/Leaseback facility was created to meet the need for Childcare in the bustling heart of downtown San Diego, and as a means of serving the employees of the Federal Government as well as the general public. This building's safety features are state of the art, and its design fits beautifully into the downtown San Diego atmosphere. Highland arranged and negotiated a groundlease with CCDC and a conventionai construction and perrnanent loan for the project. The Federal GSA for up to twelve years is currently leasing the building. As the successful respondent to a Request for Proposal, Highland was selected as the Developer/Owner and DesignfBuilder of this $2 million project. Features: 11,000 s.1. Childcare facility Highland involved as Developer/Owner and Design/Builder Davis Bacon prevailing wage and fast track construction schedule Multiple Agency interface Turnkey Development Federal GSA has leased facility for eight to twelve year term Lease and Project Finance - Conventional Const./Perm Loan DevelopmenVConstruction/Ownership risk Jurupa Valley Sheriff Station, Riverside County Sheriff Riverside, CA A $5 million, 37,000 square foot building constructed working closely with Riverside County Economic Development Agency and Sheriff's Department representatives. Highland coordinated the design and construction of this Sheriff Station and its associated site improvements, including 225 parking spaces. Coordination of g-acre on- and off-site improvement package on a CMC basis for both the Sheriff Station and the adjacent State of Caiifornia, Crime Laboratory Project. Highland's masterplanning and coordination efforts with the County of Riverside and State Department of Justice optimized the potential for synergism through shared infrastructure between the adjacent facilities. Features: Design/Build and Construction Manager/Constructor Contracts Fast-track design, entitlement and construction Implementation of site improvements on g acres for two separate facilities Facility constructed in under 10 months during the EI Nino winter 1997-98 with 45 rain days Foundation and building permit packages processed separately to accelerate work on foundation, slab and site including the relocation of a 60" storm culvert, ahead of the rains while building construction documents were completed. -,h. Highland City of Chufa Vista Police Headquarters ¡ r Design Build Agreement ~!l?- 'i~~ <mOl CHUA VISI>\ Awarded: 8/4/1998 Completed: 2/15/1999 Project Cost: $2,000,000 Cost Overruns! Change Orders: $169,917 Project Executive: Ian Gill CMC Project Manager: Tory Stephen (619) 454-5996 Client Project Manager: Rick King (858) 454-5996 Awarded: 8/1/1998 CompleJed: On schedule Project Cost: $25,000,000 Cost Overruns! Change Orders: 0 Project Executive: Dave Gardner, Sr. CMC Sr. Project Manager: Dave Cecil Client Project Manager: Ron Ripperger (619) 670-2279 Department of Public Social Services Adaptive Remodel Riverside, CA A $2 million design coordination and build-out of 82,600 square feet of Office Building Tenant Improvements for DPSS (2), two-story administration buildings, Temporary Office Facilities, parking and site improvements for the County of Riverside, Department of Public Social Services. Highland Partnership, Inc. provided Construction Management, and construction service for these facilities in compliance with an extremely tight schedule, which included 10 phases of work. Unique challenges included project scheduling to coincide with scheduled moves of staff, which required after hours work. Highland in many cases, to help facilitate the work, moved furniture and helped with relocation of employee furniture and systems to minimize impacts and disturbances to DPSS ongoing operations. The building remained occupied during construction using a "Rubik's-Cube" like phasing approach to minimize disruption and costs while maintaining a tight project schedule. Features: 21,800 s.f. renovations at 3950 Reynolds Road Admin Building 55,000 s.f. renovations at 4060 County Circle Drive 5,800 s.f. Temporary Office space renovation 1 O-Phase project; July through November 1 998 Accomplished with minimal disruption to ongoing DPSS operations Otay Water District Interconnect Pipeline A $ 25 million, five and one-half mile pipeline project designed to help meet the current and future demand for water in the Chula Vista and Otay Mesa areas. The pipeline has increased the District's operational efficiency by allowing water to flow between two large, currently independent systems. Three separate pipes, up to 30 inches in diameter and totaling nearly 62,000 feet, are laid in trenches and tunnels along the route. The pipeline ranges in depth from 8 feet to 65 feet, and connects more than 43 million gallons of water storage. Features: Construction Manager/Constructor (Highland's third project with Otay Water District in partnership with Montgomery Watson) Three separate pipelines installed in common trenches and tunnels. Two potable, one reclaimed pipelines No interruption to current water services Environmental Conformance Management -,1" Highland City of Chula Vista Police Headquarters ; r Design Build Agreement ~"t- -;~,b~ (mOf o.JIAVISVI Awarded: 10/1/1998 Completed: 8/1/1999 Project Cost: $3,700,000 Cost Overruns! Change Orders: $207,643 CMC Project Manager/Supt: Steve De Frates Client Project Manager: Fernando Poveda (619) 482-6518 Awarded: 3/14/1999 Completed: 8/2000 $3,100,000 Project Cost: Cost Overruns! Change Orders: $50,182 Project Executive: Dave Gardner, Sr, D/B Project Manager/Supt: Steve De FraJes Ciient Project Manager: Cindy Phallan 858 292-4034 Xeriscape Water Conservation Garden Helix Water District! Otay Water District! Grossmont- Cuyamaca Community College District EI Cajon, CA A $3,7 million Water Conservation Garden Project constructed under the auspices of a Joint Powers Authority comprised of Helix Water District, Otay Water District and Grossmont-Cuyamaca Community College District The 4-acre Water Conservation Garden, designed to demonstrate landscaping techniques that could result in water savings in the range of 35-70%, will serve as an educational facility, resource outlet and learning center focusing on cost-effective gardening through reduced labor and water efficiency in landscape. The facility also supports a Community Amphitheater and various support buildings. The project features a wide variety of drought tolerant plantings and has continuous decomposed granite paths throughout. Highland was instrumental in coordination of Garden design and construction proposals, irrigation equipment exhibits, retrofitting landscape for water efficiency, turf selection, groundcover & hardscape, slope plantings, Xeriscape exhibits and management of in-kind donations. Rancho Penasquitos Family YMCA San Diego, CA A 30,000 square foot phased facility, featuring an aquatic facility with multiple pools, including an active use family pool. Rancho Family -. YMCA includes a covered, heated pool with lap lanes and a spa; an outdoor activity pool with water-slide and interactive water activities; multipurpose room for adult fitness classes, dance and karate; and wellness center featuring cardiovascuiar and strengthening equipment. Also included are locker rooms with family changing areas, an outdoor patio and child watch center, and administrative offices. This project represents Highland's second Design/Build assignment for Metropolitan YMCA. Rancho YMCA serves the northeast San Diego communities of Rancho Penasquitos, Rancho Bernardo, Scripps Ranch, Sabre Springs, and Mira Mesa. Features: Design/Build contract Pools feasibility analysis Project phasing and Implementation strategy Budgeting and cost allocation related to City's CIP Budget Coordination with City of San Diego, including Parks and Recreation Department ..,1" Highland City of Chula Vista Police Headquarters ì r Design Build Agreement ~lft- ;-~~~ (mOl c..u VIStA. Awarded: 3/1/1999 Completed: 11/26/1999 Project Cost: $3,200,000 Cost Overruns! Change Orders: $44,514 Project Executive: Ian Gill D/B Sr. Project Manager: Dave Cecil Client Project Manager: Lt Dana Fredendall (909) 955-2520 Awarded: 7/13/1999 Completed: 5/1/2000 Project Cost: $3,700,000 Cost Overruns! Change Orders: $155,761 Project Executive: Ian Gill D/B Project Manager: Gary Rhoads (619) 498-2900 Client Project Manager: Lt Dana Fredendall (909) 955-2520 Hemet Sheriff Station, Riverside County Sheriff Hemet, CA A $3.2 million, 21,000 square foot Sheriff's Station and District Supervisor's Office with associated site improvements including 100 parking spaces on a 2.7-acre site. Building occupation occurred Thanksgiving weekend 1999. Hemet Station is a full-service operational Sheriff Station, Emergency Operations Command Post, District Supervisor Field Office and Community gathering place in the Valle Vista community. The Design / Build approach for the Hemet Station ensured that the County Sheriff, County Supervisor and the community were actively involved in facility design. Bordered by remote residential housing, park and recreation facilities and a public school, the facility blends in with its surrounding environment. Features: Design/Build Contract Fast-track design, entitlement & construction, within 11 months of award Agency control maintained by Sheriff Department throughout design phase Construction schedule unaffected by 14-day rainlflash flood conditions Design submitted for consideration of AlA Architecture Award Maintained budget while experiencing material increases Realized cost of $146 per square foot, including site improvements Facility constructed in logistically challenging location; work was accomplished with minimal disruption to local residents or businesses . Storm drain and sewer off-site im rovements Lake Elsinore Sheriff Station, Riverside County Sheriff Lake Elsinore, CA A $3.7 million, 28,000 square foot Sheriff's Station, District Supervisor Office and community room on a 2.7 acre site overlooking picturesque lake Elsinore. Associated with the construction are on-and off-site improvements including 140 on-site parking spaces, and off-site undergrounding of existing power, CATV, and telephone services. Design coordination with the client has ensured that the community received a premier facility that commands a dramatic panoramic vista of the lake, shoreline, and mountains while improving traffic flow in and around the new facility. The newly completed station is known as lake Elsinore Station and is a focal landmark structure for this community. Groundbreaking was conducted July 16, 1999, followed by an aggressive construction schedule culminating in the dedication and move-in during Spring 2000. Features: Highland Partnership, Inc. acting as Design/Builder Fast-track design and construction Third Sheriff Station for this client Site required extensive mitigation with minimal schedule impact Off-site improvements including undergrounding of power, CATV and telephones Office spaces avaiiable for District Supervisor Field Office and Community gathering space Dramatic inte ration of wood-t e materials -,1" Highland City of Chula Vista Police Headquarters ì r I' Design Build Agreement ~\!'t- ~~-; <mOl QUA VISTA Awarded: 6/1/1999 Completed: 5/30/2000 Project Cost: $22,000,000 Cost Overruns! Change Orders: 0 Project Executive: Dave Gardner, Sr. CMC Project Manager: John Bradel Client Project Manager: Bill Farnum (512) 302-1177 Central Detention Facility Renovation Downtown San Diego, CA Wackenhut Corrections Inc. and Highland Partnership, Inc. joined together to compete for the renovation and private operation, via a long- term lease, of the County's existing downtown 148,430 s.l., 8-story jail facility. Highland's team assembled a complete guaranteed cost to renovate the facility including: coordination on all non-compliant code issues, structural review and analysis of building and systems integrity. They increased the overall plan efficiency and capacity to accommodate more inmates, thereby enhancing the development pro- forma return. Features: Existing 750 bed facility - renovated to accommodate 894 beds County estimated the renovation cost to exceed $40 million (our competitor's estimate was $38 million) Prior to Wackenhut incurring any design dollars, HPI developed a detailed program and guaranteed cost estimate of $19.8 million, utilized as much existing improvements as possible, reviewed the scope on an item-by-item basis with Wackenhut's operations / construction executives for approval. HPl's many on-site investigations / interviews of deputy sheriff's, former maintenance and operations staff who worked in the facility assisted selecting the most efficient method to "surgically renovate" the building, minimizing unnecessary work or damage. Identification and management of code requirements and coordination and agreement with City Fire Prevention and County Staff allowed HPI to eliminate unknown risks and minimize construction cost. Hensel Phelps provided Interior Improvements and new exterior elevator. Hazardous Materials Abatement of the facility to precede improvements and upgrades. Com lete exterior u rade includin of securit """I<nm;m", ,. McClaren. Wilson & Lawrie. Inc. was created with a total commitment to the planning and design of public safety related facilities, including forensic science laboratories, fire safety, and poJice facilities. We provide a diverse range of technical consulting services throughout the H~, W~ ~ ~, I_, world, with Principals and staff located in Arizona and Virginia. Accommodating the constraints of today, while encouraging a vision of tomorrow... Our present firm began in nearly seven years ago as an employee acquisition of the architectural (public safety) sJudio ofRuth and Going, Inc. of San Jose. CaJifomia. Since acquisition we have expanded to include offices in Virginia and Arizona. Our home base in Phoenix allows for superb central access to clients nationally. From old firm to new, we have enjoyed minimaJ staff change. As such, our three principaJs and key staff have all workedcloseJy together for over adecade. OurcompJete focus on public safety has resulted in a referral based clientele. Our success is showcased by the fact that, in just the past decade, we have Jed mast.. pJanning. needs assessments, and design for over one hundred public safeJy faciJities in 26 states. This constitutes a multi-billion dollar legacy of public safety architecture. Our expertise features: police headquarters and substations. fire safety faciJities. forensic science & DNA Jaboratories. public safety training facilities. emergency communications centers, fireanns proficiency ranges, bio-hazard miJigaJion faciliJies. evidence faciJities, and municipal courts. Our projects address a full range of organizaJions, from large Federal clients such as: the FBI (their new main crime Jaboratory). the Department of State, and the Drug Enforce- ment Administration; to state facilities for Alaska, Arizona. CaJifomia. Florida. Hawaii. Maryland, Michigan, Minnesota, New York. Tennessee. Virginia. and Washington; to some of North America's largest City law enforcement organizaJions. such as: San Diego, Seattle, Cincinnati, Dallas, Winnipeg, Honolulu, and Toronto; to numerous small town and village Jaw enforcement organizations. The cornerstone Jo our success has been a commitment to addressing constantJy changing technoJogies and evolving operational madeJs. As such. McClaren, WiJson & Lawrie, Inc. staffconsistenJlyresearch emerging law enforcement and forensic technoJ- ogy, management policy, and techniques. We also attempt to be cognizant of the many special requirements imposed by accreditation agencies (such as CALEA. ACA. NIST. OLES. POST, and ASCLD). to evolving FederaJ regulatory requirements regarding heaJth and safety. Our Principal's: James Lewis McClaren. David Guy WiJson. and Willis "Bill" Patten Lawrie, serve as lecJurers throughout North America. Mr. McCJaren is the only licensed architect to serve on the adjuncJ faculty of the International AssociaJion of Chiefs of PoJice. CenJer for Advanced PoJice Studies. He was recently selected to serve as the FaciJities Chapter Editor of the Millennium Edition of LocaJ Government PoJice Manaoement for the IntemationaJ City Management Association. McClaren, Wi Ison & lawrie, Inc. Arizolla Consu«an's in Pub! ic Safety IQ 2001 Virginia ,. H~.W~~~.lw. mT1'IIl11ItIm1\" Mr. McClaren lectures internationally regarding design issues involved in police facilities. OverJhe past decade Mr. McClaren has addressed: the International Associa- tion of Chiefs of Police (lACP). the American Society of Crime Lab Directors. the California Association of Crime Lab Directors, the British Society of Forensic Sciences, the American Academy of Forensic Science. the International Association of Law Enforcement Planners, the California AssociaJion of Property and Evidence, and the California Association of Coroners and Medical Examiners. Mr. WiJson has established a reputation for neativity and innovation in public safety facility pJanning and design. He has served in conferences sponsored by the North Carolina Justice Academy. the Canadian Association of Chiefs of Police. and the International Association of Law Enforcement PJanners. His Gastonia PoJice Head- quarters was selected in J998 by the American Institute of Architects Exhibition to be showcased in their annuaJ Excellence in Justice Facilities program. Mr. Lawrie has served as lead planner in some of North America's most technically demanding forensic laboratory design projects. including 46 forensic science Jaborato- ries. These include the new 507,000 square foot Federal Bureau of Investigation main national forensic laboratory, the new Tennessee Bureau of Investigations regional forensic science laboratory, and 3 forensic science laboratories for the Commonwealth of Virginia. At McClaren. Wilson & Lawrie. Inc. we plan practical. durable. and Jimeless architec- ture. We see no inconsisJency beJweenfunctional archiJecture and legacy archiJecture. McClaren, Wilson & lawrie, Inc. A'¡zona Consultants in Pub(ic Safety <Þ 2001 Virginia l1li""'l1li0""""""0"""" MWL Recent Needs Assessment & Design Experience - Alaska Police Headquarters & ID Laboratory Needs Assessment & Full Services Muniâpaliry of Anchorage, Alaska ClienJ Contact: Captain John Denning (Retired) PrincipaJ-in-Charge: James Lewis McCJaren City Police HeadquartersIID LaboratorylFire Administration Building/Southeast Alaska RegionalÆOC * Needs Assessment & Design Consultation Ciry and Borough of Juneau, Alaska Client ConJacJ: Chief Richard Gummow (Retired) Principal-in-Charge: James Lewis McClaren, David Guy Wilson South Zone Consolidated Forestry Fire Response Complex Needs Assessment and Design Consultation State of Alaska, Palmer, Alaska Client Contact: Ms. Dean Brown, AcJing Director Division of Forestry Department of Natural Resources StaJe of Alaska (907) 269-8476 Principal-in-Charge: James Lewis McCJaren -Arizona Police, Municipal Courts, Prosecutor, and Fire Administration * Needs Assessment (Study Only) Town of Gilbert, Arizona Client Contact: PoJice Chief John Brewer (602) 503-6500 Fire Chief John GarciJaso (Retired) Principals-in-Charge: David Guy Wilson. James Lewis McClaren * denotes projecrs completed within the last 5 years McClaren, Wi IsDn, & lawrie, Inc. Architects in Public Safety IQ 2001 Offices Nationally ~ --<;. ~ .... ~, .. ".......n....",lImllillttl1l. -Arizona (ConL) North-East (DC Ranch) Police Substation * Needs Assessment, Planning, and Design City of Scottsdale, ArizolUJ Client Contact: Captain David B. Marsshall (480) 312-8803 Project Manager, Dan Walsh (480) 312-7751 Principal-in-Charge: James Lewis McClaren Police Department & District Two Expansion * Needs Assessment, Planning and Design City of Scottsdale. ArizolUJ Client Contact: Project Manager, Dan Walsh (480) 312-7751 PrincipaIs-in-<:harge: James Lewis McClaren Police Substation & Branch Library * Needs Assessment & Design Consultation City of Tocson. ArizolUJ Client Contact: Captain Paul Hallums (Retired) PrincipaJs-in-Charge: David Guy Wilson. James Lewis McClaren Police Headquartel1! & ID Laboratory * Needs Assessment & Design City of Sierra Vista, ArizolUJ Principals-in-<:harge: David Guy Wilson, James Lewis McClaren PoliceJFire Admin./Municipal CourtslParkslPublic WorlcslEOC * Master Plan, Needs Assessments, and Concept Designs City of Yuma, ArizolUJ CJient Contact: Chief of PoJice Robbie Robinson (520)782-3236 Captain Tim Shaw (520) 343-8769 PrincipaJs-in-Charge: David Guy Wilson, James Lewis McClaren * denotes projects completed within tire last 5 years McClaren, Wilson. &lawrie. Inc. Architects in Public Safety IhJ 2001 Offices Nationally Î,...' ~ ~ ...., Ii "r;'~'f(' , .' ~ - t.. . """"""'."""""1fm11I1I "Arizona (Coni.) PoliceJMunicipal Couns . Facility Design Yunw, Arizona Client Contact: Linda KosmaJa, Courts Administrator Principal-in-Charge: David Guy Wilson " CalifomÛl Police Headquarters (in progress). Needs Assessment & Schematic Design City of ChuÚl Vista, California Client Contact: Chief Emerson (619) 691-5185 Principal-in-Charge: James Lewis McClaren Police Headquarters & ill Laboratory . Technical Design (peer) Review City of Coronado, California Client Contact: Tom O'Toole, Project Engineer Principal-in-Charge: James Lewis McCJaren Police Headquarters, 100 Bed Custody Facility & ill Laboratory . Needs Assessment & Concept Design Design shown by others (Based on MWL Needs Study) City ofGlendo.le, California ClienJ Contact: Captain Jim Swinford (818) 548-4866 Principals-in-Charge: James Lewis McClaren . denotes projects completed within the last 5 years McC laren, Wi Ison, & lawrie, Inc. Architects In Publ ic Safety (Ç) 2001 Offices Nationally . ..& ..... 1III""lIIIn"...",..ItIIRtI11I1I. . CalifomitJ (COIÚ.) Police Headquarters & ill Laborntory * Needs Assessment & design Consultarion City of Hawthorne, Califomio. CJient Contact: Captain Don Pedersen (Left to become Chief in another city) Present Contact: Sergeant Greg Chidley (310-970-7970) PrincipaJ-in-Charge: James Lewis McClaren Police Headquarters & ill Laborntory Needs Assessment & Full Selvices cay of HiUsborough, Califomio. Client Contact: Chief Robert McNichoJ Principal-in-Charge: James Lewis McCJaren Police Headquarters (in progress) Needs Assessment & Schematic Design Consultarion Design shown by otlrers (Based on MWL Needs Shuly) cay of Murretta, Califomio. Client Contact: Chief Higgenbotham (909) 696-3600 ext- 222 Principal-in-Charge: James Lewis McClaren Potice Headquarters & ill Laboratory Needs Assessment & Design Consultation Design shown by otlrers (Based on MWL Needs Study) City of NatiolUJi City, Califomio. Client Contact: Lt. Pinu Pauu (6J) 336-4507 PrincipaJs-in-Charge: David Guy Wilson. James Lewis McClaren PolicelFire/EMS HeadquartersIEOC * Needs Assessment City of RiversÍli£, Califomio. Principal-in-Charge: James Lewis McClaren * denotes projects completed within tire last 5 years McClaren, Wilson, & lawrie, Inc. Architects in Public Safety (Q 2001 Offices Nationall¡ ". , ' " "'::;~'~"'::~;':!'~':'!"'" -- - .-' h ~' -, , . ' , ImtIW.wn....,.,nrœlli11m, , California (conL) Police Officer Fireanns Proficiency Center Master Plan, Needs Assessment & Full Services City of Pleasonton. Califomw Client Contlet: Sergeant Swanson (Retired) Range Designer. James Lewis McClaren Police Headquarters Needs Assessment Program Validation Study (Peer Review Only) City of Santa CWro. California PrincipaI-in-Charge: James Lewis McClaren Orange County Sheriffs Headquarters* Remodel and Design Consultation Santn Ana, CalifomÚl Client Contact: Tom Davis, Project Manager (714) 935~1 Principal-in-Charge: David Guy Wil""" PoliceJFireÆMS Headquarters & ID Laboratory * Presidio to Parle Conversion Needs Assessment & Design Consultation The United States Parle Police The Presidio of San Francisco, California Client Contact: Backen, Arrigoni & Ross, Inc, Nancy Soo, Project Architect (415) 44J-477! Principa1-in-Charge: David Guy Wilson, James Lewis MeCJaren * denotes projects completed witlún tire last 5 years McClaren, Wilson, & lawrie, Inc. Architects in PubficSafety '" 2001 Offices Nationally 1'!'1' ~-...... , ........ ,"to ~ '.'., ... "';. ' ¡'!"",~ ;;" - ., ..;;..rl , . . ,..t-.!! ,,0 '~.~. """"",""........,.."........ . OIJifonria (corlJ.) Police Headquarters & ID LaOOratorylEOC Needs Assessment EvenJJJo1 Design by oth£rs (BasM on MWL Needs Study) City of Simi Valley, Califomw Client Contact: Ms, Laura Herron (805) 583-6701 Principals-in-Charge: lames Lewis McCJaren Sheriff's SubsWion (Jurupa) * Needs Assessment Validation and Design RiversidR CounJy, Coliforni<J CJient Contact: Highland Partnership, Ian Gill (619) 234-2900 Principal-in-Charge: David Guy Wilson Police Headquarters, Fire Administration and Emergency Operations Center * Needs Validation & Design Consultation Design shown by oth£rs (Based on MWL Needs Study) City of &mta Monica, Californi<J Client Contact: Officer David Henderson (310) 458-8423 Principal-in-Charge: lames Lewis McClaren South Bay Regional Communications Authority * Needs Assessment & Design Consultation Cilies of El Segundo, Garde1Ul, Hawtlw17U!, and ManhoJ/w¡ 8eoch, Colifomw Client Contact: Ralph Mailloux. Executive Director (310) 973-1802 Ex!. 206 Principal-in-Charge: lames Lewis McClaren * denotes projects completed within the last 5 years McCiaren,Wilson,&lawrie,lnc. ArchitectsonPublicSafety@200l Offices Nationally CARRIER JOHNSON Firm Profile Headquartered in downtown San Diego, with offices in Irvine and San Francisco, Carrier Johnson is committed to providing our clientele with the highest quality of services in the disciplines of architecture, urban planning and interior design. With a practice focused on design excel- lence, technical expertise, and exceptional client service, we provide unique solutions for clients in the corporate, mixed-use and public market realms. With a staff of over 110 professionals, Carrier Johnson seeks to create original, thoughtful and distinctive solutions tailored to each client's unique requirements, circumstances, and personality. Our methodol- ogy is distinguished by clear conceptual thinking, keen attention to detail and thoroughness of execution. Active client participation is encouraged in a collaborative design process that addresses the func- tional requirements as well as the creative potential of each project. Long-standing client relationships suggest that our design ambitions are sensitively attuned to user needs, market demands and the goals of each client. In the twenty-one years since its founding, Carrier Johnson has designed and overseen the construction of over twenty million square feet of space. Operating from a strong regional base in the western United States, Carrier Johnson also is engaged internationally from Latin America to Asia. 1301 Third Avenue San Diego, CA 92101 2600 Michelson, Suite #400 Irvine, CA 92612 855 Sansome, Suite 302 San Francisco, CA 94111 619.239.2353 t 619.239.6227 f 949.955.2353 t 949.955.8201 f 415.772.8200 t 415.772.8201 f CARRIER JOHNSON County of San Diego Hall of Justice San Diego, California Building: 379,000 square feet Total: 539,000 square feet The $45 million Hall of Justice houses 16 Superior Civil courtrooms and administration, the Marshall, the San Diego County Grand Jury and consolidates all of the divisions of the District Attorney. Some 1,200 county employees currently work in the Judicial complex. The design/build project occupies one full city block with three levels of underground parking for 492 cars, and an additionai 39 parking spaces above grade. A strategically located bridge spans Union Street connecting the new courts to the existing courthouse. The 13-story building has two separate elevator cores with their own intense security issues; one for the courts, the other for the District Attorney. Special programmatic areas include: computer rooms, children's waiting, file rooms, shower/locker rooms, food court, court rooms, judges' chambers, jury lounge and grand jury room. Carrier Johnson provided full service programming, architecture and interior design within a fast track multiple submittal schedule. -~ CAHHIEH JOH"SON County of San Diego Central Jail Facility San Diego, California 413,000 square feet total This new $62 million jail, occupying two- thirds of a city block, is connected to the existing San Diego County Superior Court by a bridge over Front Street. Programmatic areas include 450 cells with two beds each, medical facilities and inmate/staff support services. The complex accommodates underground staff parking for 49 cars and an at grade sally port for an additional' 4 cars as well as iarge buses. The 231' high-rise building is constructed entireiy of concrete to zone 4 seismic speci- fications. The overall design fully incorpo- rates state-of-the-art security and telecom- munications features. The project was on an accelerated schedule that required programming, design, con- struction documents and bidding within 12 months of the start date. Carrier Johnson, the Associate Architect (with HOK as Architect of Record), is responsible for the exterior skin, the vertical circulation, cores, interior design and graphics of the facility. ...- CARRIER JOHNSON CALTRANS District 11 Replacement Project San Diego, California 301,000 square feet The Caltrans District 11 Replacement Project is a new 301,000 square foot facility consolidating existing functions, currently found in several locations, and providing accommodation for current and future growth. The site is 10.2 acres located at the northern perimeter of Old Town San Diego and the San Diego State Historic Park. Tayior Street binds the site to the south, Amtrak railway easement to the west and interstate transition right-of-way to the north and east. Schematic Design for the Caltrans District 11 Buiiding Replacement Project responds to three distinctive objectives. These objectives form the basis of design. They are defined as: respect for the community's context and the site surrounds, accommodation for Caltrans programmatic and public accessibility needs, and commitment to provide an elegant and efficient solution for the City of San Diego and the State of California. A successful balance of the criteria generated from these objectives provides an environment supportive of user interaction and contextual responsibility. The facility is envisioned as a "campus" of three primary buildings housing the eleven departments of Caltrans, with two ancillary structures for mechanical central piant and fleet services. Organization of the campus buiidings integrates the orthogonal pattern of Old Town and the dynamic plan configurations of the adjacent railway and interstate. internally, the buildings are pianned with modular structural grids and long spans, which combined provide ampie column free, flexible floor space. Building cores are located to promote access to natural light for all office areas, foster flexible pianning, and work in conjunction with external pedestrian bridges that connect the three buildings. ,~ ,1_- ;¡ '.. l"-- ,j CARRIER JOHNSON CAlTRANS District 11 Replacement Project San Diego, California CARRIICR JOHNSON Yuma Municipal Government Center Yuma, Arizona 150,000 square feet Carrier Johnson was retained to provide program verification and architecturai and interior design services for the City of Yuma's new Civic Center. Pianned for a site iocated in the heart of Historic downtown Yuma, the faciiity wiii consolidate the City's core departments into one centrai Civic Center. The design objective was to create a user-friendly facility that answered the iong- term needs of the City whiie serving as a pubiic gathering place. The Center wiil act as the project kick-off to the City's Historic District Redevelopment. As part of the City's historic master pian, the center provides Mayor Office Councii Chambers, a public amphitheater and pedestrian landscaped iinks to the riverfront hotei, retaii and convention facility aiong with the City's first pubiic parking structure. During the programming phase, space projections through 2020 were prepared and added to the design. This additional space (approximatley 20,000 square feet) wiii be used as rentai space over the next 15 years providing increased city revenue, whiie aliowing for incremental growth. .., "'..~ S'T ¡, P L '" N ,""" CARRIER ]OHè\iSON Yuma Municipal Government Center Yuma, Arizona CAHHIEH JOHNSON ( Bureau of Land Management Boise, Idaho 90,000 s.t. Bureau of land Management Building 60,000 s.t. Fish & Wildlife Forest Service Building Carrier Johnson provided architectural and interior design services for GSA's new three- story office building housing the Bureau of land Management, and Fish & Wildlife. In addition, a new two-story office is designed to complement the first. The Forest Service occupies portions of this building. The complex offers a modern campus-like setting that is designed to emphasize a prestigious and professional appearance. These elements are achieved through the relationship of structure and the space they create between them. The palette consists of cast in place concrete, structural brick, and energy efficient glass with spandrel applications. The inclusion of an aestheti- cally pleasing front entrance way, and a landscaped courtyard conjure a pedestrian friendly environment. To enhance the visitor experience with the agricuitural beauty of idaho, a botanical garden with plants indigenous to the area present a welcome exposure to these new facilities. 1}1 Highland Qualification Summary Education and Affiliations - AcJive Licensel Registrations RelevanJ Experience Ian M. Gill Principal Mr. Gill has 30 years experience in real estate development and construction, comprising commercial, industrial, residential and institutional projects in the United States and Great Britain. This diverse background enables Mr. Gill to be a valuable asset to his clients in assisting with strategic planning issues, pro forma budgeting, and overall project and program management, from initiation through completion. A founding principal of Highland, he has guided the strategic direction of the firm, focusing on emerging project procurement mechanisms which add value for its' clients. M.S., Real Estate and Construction Management, Loughborough University, Leicestershire Professional Associate, Royal Institution of Chartered Surveyors Past State Director of the Building Industry Association Past President San Diego Chapter of BIA Past Chairman, Commercial Industrial Council of BIA Chairman, Technical Advisory Committee to the San Diego City Council Land Use and Housing Committee Board Member, San Diego Chapter, Urban Land Institute Class B General Contractor, State of California Desilm/Build / CMC Murrieta Town Square Riverside County Sheriff Facilities Otay Water District Headquarters $ 65M $ 17M $1O.7M Office Buildinlls Rohr Engineering Complex Palo Verde Professional Building Plaza at La Jolla Village $ 70M $ 105M $ 14M Civic / Law Enforcement Chula Vista Corporation Yard National City Police Department South Chula Vista Library Coachella Valley Mosquito & Vector Control District $ 23M $ 9M $ 11M $ 3.8M Residential Nestor Apartments, 128 units Arlington, TX Apartments, 208 units Woüdspring Condominiums, 60 units $ 8M $ 10M $ 6M Prowam/Develoument Manallement San Diego Ballpark District Redevelopment $ 1.2B ~ j i.. . 1i1 Highland David A. Welshans Vice President, Design Phase Services Qualification Summary Mr. Welshans has 29 years experience in the Commercial Construction Industry in the San Diego and Southern California Market, as Manager Preconstruction Services and Business Development, Project Manager, Vice President, Manager of Design Phase Services and Estimator. Major Strengths include Preconstruction Services; Construction Management; Conceptual and Hard Bid Estimating, and Business Development. Strong Client and Industry relationships with a proven record performance and results. Education & Past Affiliations BS, Industrial Engineering, Cal Poly, Pomona, California Associated General Contractors; Point Lorna Foundation; Mission Valley YMCA Board Member Relevant Experience (Partial Listing) Municil1al Murrieta Town Square Polinsky Children's Center San Diego Police Headquarters San Diego Convention Center $ 65M $ lO.3M $ 29M $ 160M Retail Viejas Springs Village Fashion Valley Expansion $ 17.5M $ 3.9M Office 1st Interstate Bank One America Plaza Imperial Bank Tower Plaza at La Jolla Village H osl1italitv /R es ide ntial DVC - Newport Coast Seapointe Resort - Carlsbad San Diego Square $ 40M $ 100M $ 35M $ 14M $ 122M $ 10M $ 6.5M Ai17Jort Lindbergh Field West Terminal $ 12M Healthcare Children's Hospital Mercy Hospital Tower Addition Sharp Hospital Murrieta $ 33M $ 25M $ 40M Research & Develol1ment Intel San Diego Project Whittier Institute $ 3.5M $ 3.5M ~,. . ~pV. «~.~ ~~ "'. ..:_~~ 1}1 Highland Qualification Summary Relevant Experience (Partial Listing) David H. Cecil Senior Project Manager Mr. Cecil has 29 years of construction management experience in supervisory roles as Operations Manager, Project Manager, Superintendent and Project Engineer. His "hands on" experience enables Mr. Cecil to identify constructability problems on documents prior to the work being put in place. Mr. Cecil's experience in successfully completing a diverse range of construction projects in a timely and cost effective manner has also given him the necessary tools to ensure that all owner goals are met on his projects. Desifm/Build Federal GSA Child Care Center Riverside County Sheriff Stations Coachella Valley Mosquito & Vector Control District Headquarters and Operations Complex Coroner Forensic Center-East, Indio Office Buildinfls Otay Water District Headquarters Eastgate Office Park Frost Street Medical Building Eastgate Mall Business Home Federal Service Center Trammell Crow Industrial Parks Mesa Distributing Dafoe & Dafoe Distributing Healthcare / Research & Develooment Pomerado Hospital Scripps Immunology Laboratory Hubbs-Sea World Research Institute Hosoitalitv Del Mar Hilton Hotel The Rancho Bernardo Inn $ 2M $ 1M $3.8M $3.IM $ 10M $ 3M $ 8M $ 3M $ 20M $ 12M $ 5M $ 3M $40M $ 10M $ 4M $ 14M $ 5M .. -, ",~"'.<'".,.,::!"II'~,,,' ',-' ,:"," .. ~ -~, .. ;.ai~,';i$¡¡!\':;:' " .,,;,~;W' ."",,¡; "":.."':"-".~"~,'~.-"",-', ÎIIiiìIIÏ8 .. 1}1 Highland Qualification Summary Education & Past Affiliations Relevant Experience (Partial Listing) Gary Rhoads Assistant Project Manager Mr. Rhoads has over 12 years of design, development and construction experience in supervisory roles as Project Manager, also as Construction Manager, Project Superintendent, Contracting and Budgeting Officer, Facilities Manager, and Production Plant Manager. Noted for his close attention to completion of projects on time, under budget and to specification, he has managed a wide spectrum of construction projects from renovation to office space to Design / Build of large-scale complete complexes. Master of Systems Management, University of Southern California United States Marine Corps (Retired) Desifln/Build Palo Verde Professional Building, Blythe, CA $1.5M Lake Elsinore Sheriff Station & Site Improvements $4.3M Retail SDIA Terminal 2 Food Courts, San Diego, CA $15M Residential Dormitory Complex, Camp Pendleton, CA Guest Worker Housing, Al Jubial. Saudi Arabia $2.7M $1.7M Office Buildinfls Navy & Marine Corps Reserve Center Remodel, Billings, MT $250K MunicilJal Chula Vista Corporation Yard, Chula Vista, CA Water Conservation Garden, El Cajon, CA Francis Parker Perfonning Arts Center, San Diego Copley YMCA Remodel, San Diego, CA Vista Irrigation District, Vista, CA $ 23M $3.7M $1.3M $1.5M $ 12M 111 Highland Jay Pinkerton Senior Superintendent Qualification Summary Mr. Pinkerton has 34 years experience in the Commercial Construction Industry in the San Diego and Southern California Market, as Project Superintendent and Senior Superintendent. specializing in complex job coordination, poured-in-place concrete downtown high-rise projects. Mr. Pinkerton shall oversee the successful execution of the construction phase of the project, including the scheduling of materials and labor, and monitoring field personnel and subcontractors performance. He will be directly involved in the coordination of staff assignments and implementation of the safety program. His excellent reputation among local subcontractors is evidenced by his involvement in successfully completing more than $500 million in Southern California construction projects. Relevant Experience (Partial LisJing) Office One America Plaza MTS Tower Plaza at La Jolla Village Municipal San Diego Convention Center Healthcare Thornton Hospital Martin Luther King/Charles Drew Medical Center Palomar Hospital Parking Structure Vista Hill Hospital, San Diego Genesys Hospital, Grand Blanc, MI Educational Southeast High School, El Centro $ 100M $ 44M $ 14M $ 160M $ 50M $ 54M $ 10M $ 8M $ 10M $ 48M - 1}1 Highland Qualification Summary - Education and Affiliations ReJevant Experience Steven P. De Frates Project Superintendent Mr. De Frates has been with Highland for over five years. Mr. DeFrates has been directly responsible for quality control of construction documents and detailing of construction assemblies in addition to construction management and project administration. As a Construction Manager for Highland, he is directly responsible for quality control and on-site coordination during the construction phase, and ensuring performance and quality construction in accordance with contract documents. His experience in the Industry includes roles of Project Manager, Construction Manager, Contracts Manager, Budgeting and Scheduling Manager. Prior to joining the Highland Partnership family, Mr. De Frates served as an Engineer Officer in the United States Army Corps of Engineers. During his 15 years of service he managed a wide assortment of construction projects from renovation of multi-family housing to design-build of training facilities for multi-national organizations in Western United States and Europe. His experience ranges from participation in design management and construction process to procurement. B.AS., Environmental! Physical Geography, San Diego State University Trainine Facilitv U.S.lGerman Multipurpose Training Qualification Facility, Wildflecken, Germany $ 23M Renovations Chula Vista Corporation Yard Facade & Signage Retrofit, San Diego International Airport Administration Facility, Otay Water District, Spring Valley $ 23M $ 1M $ 5M Desien / Build Rancho Penasquitos Family YMCA GSA Federal Child Care Center South Bay Family YMCA, Chula Vista Xeriscape Water Conservation & Demonstration Garden El Cajon, California Palo Verde Professional Building, Blythe, CA $3.lM $ 2M $ 204M $3.7M $ 1.5M Retail San Diego International Airport $ 3M Residential Family Housing Area Playground Ft. Carson, CO $ lOOK ~ .... 1}1 Highland Qualification Summary ReJevant Experience (Partial Listing) Michael Wood Project Superintendent Mr. Wood has more than 20 years experience in the commercial construction industry in the San Diego and Southern California market, serving as Field Supervisor and Project Superintendent on some of Southern California's largest construction projects. Major strengths include supervision of complex commercial, institutional and military projects, concrete placement and finish, and seismic enhancements. Mr. Wood has developed many strong client and industry relationships with a proven record performance and results. Institutional San Diego County Inmate Reception Center $ 70M Milita" / Healthcare U.S. Navy Replacement Hospital, San Diego Veterans Home of California, Chula Vista Scripps Memorial Hospital, San Diego $ 263M $ 28M $ 13M Collef!es / Universities Inpatient Tower Renovation, Phase I and II University of California. San Diego Clinical Sciences Building University of California, San Diego Biological Sciences, Unit II University of California, Irvine San Diego State University Science Lab Building $ 33M $ 22M $ 37M $ 26M Milita" Facilitv Landing Craft Air Cushion Naval Air Facility Oceanside $ 19M r ~""Jill!'""": '=- 0" ,"8J!.... --=- . .'.., :' . 1}1 Highland Qualification Summary EducaJion and Past Affiliations Relevant Experience (Partial LisJing) Kurt Joel Opsahl Project Engineer Mr. Opsahl has over three years experience in construction management. He served as Project Engineer, Field Engineer. Resident Observer, and Inspector. As Project Engineer he assists the Project Managers in training and developing Office Engineers. He is also responsible for change orders, submitting change order requests, weekly status reports, weekly subcontractor minutes, monthly status reports, and other information required by the contract documents. B.S. Construction Management. Washington State University Chula Vista Corporation Yard $23M Hale Avenue Wastewater Treatment Plant Expansion $27M Additional relevant course work completed: . Construction Estimating, using Timberline, Means, and Heavy Bid Construction Scheduling, using Primavera 3, MS Project and Fast Track . . Construction Methods . Structural Analysis Job Site Management . 1}1 Highland Qualification Summary Education and Past Affiliations Relevant Experience (Partial LisJing) Gary M. Reinhold Project Engineer Mr. Reinhold has over 30 years management experience in diverse roles as Department Manager, Total Quality Management Coordinator, General Manager, Instructor Pilot, Vice President of Operations, both in the United States Marine Corps and corporate America. As Project Engineer Mr. Reinhold assists the Project Managers in training and developing office engineers, and also will be responsible for change orders, submission of change order requests, weekly status reports, weekly subcontractor minutes, monthly status reports, and other information required by the contract documents. BS Business Management; University of Tampa, Tampa, FL AS Aviation Science, Belleville Junior College, Belleville, IL Department of Defense Total Quality Management Training Lt. Colonel, United States Marine Corps (Retired) Renovations Chula Vista Corporation Yard $23M Prior to his association with Highland Partnership, Inc., Mr. Reinhold's experience includes a strong background in company management and operations to include: . Environmental Consulting for HAZMA T Cleanup . Developing funding sources and strategic partnerships and alliances . Orchestrating a Strategic Planning process for the Directors of a privately owned company . Designing and implementing a multi-process business model for the United States Marine Corps in conjunction with Congressional lawmaking and budgeting processes . Total Quality Management Coordinator for United States Marine Corps Department of Aviation . Oversight of operations, maintenance, training and conduct of worldwide flight operations . Planning and orchestration of logistics support for I" Marine Regiment in Operation Desert Storm. ,. H~.W~It~.'...,. James Lewis McClaren Principal Architect Specialties: Police Facility Forensic Science Labs Medical Examiner Facilities Fire Training Facilities Firearms Ranges Master Planning Needs Assessments Design Technical Consulting Registered Architect: Alaska Arizona California NCARB (Pending) Education: Bach. of Architecture The University of Idaho Recognilion Includes: 'The American Audubon Society. Habitat Consen'ationAward: 1986 'The Municipality of Anchorage, Urban Design Commission Honor Award: 1987 Anchorage Police Headquarters , The American Inslitute of Architects. State Award: 1987 Spenard Recreation Center, Alaska . Associated Contractors of California Honor Award, 1990 , Int'l Assoc. of Chiefs of Police Award: 1996 Distinguished Facultv Award , The Americao Institute of Architects. State Award: 1993 The Honolulu Police Headquarters , The American Institute of Architects. National Exhibition of Justice: 1994 The Honolulu Police Headquarters , The American Institute of Architects. National Exhibition of Justice: 1997 Gastonia Police Headquarters ...""" M r. McClaren is an internationally recognized planner oflaw enforcement facilities and forensic Jaboratories. Over the past decade. Mr. McClaren served as the managing Principal of Ruth and Going's architecturaJ department. In this capacity the finn reached a position of international prominence. In 1995 he became a founding partner in McClaren, Wilsun &Lawrie.lnc. Mr. McCJaren has led programming. planning. design. and program management efforts for over one hundred public safety facililies and forensic science laboralories in Jwenty one states and provinces throughout the United States and Canada. Two of Mr. McCJaren's projects have been showcased in the American InstiJuJe of Architect's annual Justice Facilities Review. Mr, McClaren was the only architect Jo serve as a committee chair for the Joint Session on Facility Standards sponsored by the National InslituJe of Standards and Technology (NIST). The AmericaTl Society of Crime Lab Director's (ASCLD), and the Office of Law Enforcement Standards (OLES). Since 1989. Mr. McClaren has served as the only licensed architecJ on the adjunct faculty oflhe International AssociaJion of Chiefs ofPoJice. Center for Advanced Police Studies. He received IACP's J996 Distinguished Faculty Award for his IACP course enliJled "Design and PJanning of PoJice FaciJities". He has Jectured on facility planning at the FBI National Academy. Quantico. Virginia and served as consulting architect for the recently released Chiefs Desk Reference: Police Facilitv Plannin" jointly prepared and pubJished by NationaJ institute of Justice (NIJ) and the IACP. Mr. McClaren also led a relocation feasibility study for the Department of Public Safety. Iowa State Patrol Forensic Laboratory. The resultant 80.000 square foot full service forensic science Jaboratory will repJace a problematic decentralized privatized system. This centraJized State organized Jaboratory will aJso incJude a new 25,000 square foot medical examiner faciJity. Mr. McClaren is presently providing design consultation services forthe City ofDallas' new 354.000 square foot PoJice Headquarters. The current design phase brings together years of programming and pJanning eft,)rts to the City and staff of one of the Jargest poJice departments in the United States. Some of Mr. McClaren's current/recent projects include: . Littleton. CoJorado - Police Headquarters needs assessment and pJanning 'Garland. TX-PoJice Headquarters needs assessment. planning and design 'Montgomery. IL-PoJice Headquarters needs assessment. pJanning and design 'Bellevue. W A-Police Headquarters needs assessment. site analysis and pJanning 'Chula Vista CA-Police Headquarters needs assessment. planning and design 'Roanoke. V A-Police Headquarters needs assessment. planning and design 'Caldwell. ID-Police Head4uarters design review 'Bothel!. W A- Police Headquarters pJanning and design . Scottsdale. AZ-Long Range Police FaciJity master pJanning and design , Hawthorne. CA- South Bay RegionaJ Communications Center planning and design , GlendaJe, CA-Police Headquarters planning and design , Murrieta, CA-Police Headquarters planning and design 'Wilmington, NC-PoJice Headquarters planning and design 'Dallas. TX-Police Headquarters needs assessment. pJanTling McClaren, Wilson & lawrie, Inc. Arizona Consultants in Pub'ic Safety (Ç) 2001 Virginia . H~/W~~~/Iw:, Willis Patten Lawrie Principal Architect Specialties: , Forensic Science Laboratories , Forensic DNA Laboratories . Medical Examiner Facilities , Police Facilities , Design , Needs Assessment , Master Plans , Technical Consulting . National Security Position Clearance Registered Architect: . Pennsylvania , Virginia , NCARB certification Education: 'Master of Architecture, Virginia Polytechnic Institute . Bach. of Science in Architecture, The University of Virginia Recognition Includes: .Yirginia Masonry Council Design A ward, Roanoke Forensic Science Labo- ratorylMedical Examiners Facility 'Honorable Mention, Yirginia Passive Solar Design Competition 'Strathmore's Who's Who 'Green Architecture' Recognition: 'Yirginia Solar Grant, Design of the Lawrie Residence .Published Design Work, excerpts in "The form of Energy & The Energy of Form" 'Passive Solar Design Seminars, TY A Solar Applications Branch ..~""" M r. Lawrie has 24 years of experience in the programming and design of complex building types including cutting edge full service forensic science laboratories, forensic DNA Jaboratories, poJice ID laboratories, medical examiner and coroner facilities. His design phiJosophy embraces strong user participation throughouJ Jhe entire building design process, coupled with hands-on involvement in all project phases. Over the past decade. Mr. Lawrie has led programming and design efforts for nearly 50 forensic science Jaboratories, medicaJ examiner facilities and poJice ID Jaboratories, of which over25 are built or under construction. From Jhis experience Mr. Lawrie is keenly aware of the many design requiremenJs and related building systems necessary in the planning of these specialized facilities. He maintains an extensive database of program and technical information as well as cost data of recently buiJt public safety facilities throughouJ the UniJed States. Mr. Lawrie provides seminars in forensic laboratory and medicaJ examiner facility pJanning and design to cliems nationwide. His project experience also includes a variety of project deJivery approaches, including conven- tionaJ design-bid, as well as design-build. Mr. Lawrie served as forensic laboratory design consultant for the FBI LaboraJory relocaJion. When compleJe, this faciliJy will encompass over 507,000 sf of Jaboratory and technical space. Mr. Lawrie also served as the primary designer and point of contacJ for (3) forensic science laboratories across the Commonwealth of Yirginia. These include Jhe 56,000 sfWesJern Forensic Science Laboratory/Medical Examiner Facility in Roanoke, the 142,000 sf Cemral Forensic Science Laboratory/Chief Medical Exam- iner FaciliJy in Richmond, and the 60,000 sf Tidewater Forensic Science Laboratory/ Medical Examiner FaciJity in Norfolk. Recent Forensic Science Lobora/ories & Medical Examiner Facili/ies - [Jar/iallis/: 'Federal Bureau of Investigation Laboratory Division,: Quntico, Yirginia 'Yirginia Division of Forensic Science Laboratories: (3 facilities) Western Lab, Roanoke; CentraJ Lab, Richmond; TidewaJer Lab, Norfolk 'Yirginia Office of Jhe Chief MedicaJ Examiner Facilities: (3 faciJities) Western Facility, Roanoke; Central Facility, Richmond; Tidewater Facility, NorfoJk 'Kern County DisJrict Attorney Forensic Science Laboratory: Bakersfield, California 'Dept. of Public Safety Forensic Science Laboratory: Phoenix, Arizona 'Dallas County Institute of Forensic Science Laboratory & Medical Examiner FaciJity: Dallas, Texas .Tennessee Bureau oflnvesJigation Forensic Science Laboratory (2 faciliJies) Central Laboratory, Nashville; and Memphis Regional Laboratory 'Middle Tennessee Postmortem Facility, Nashville, Tennessee 'Montana State Forensic LaboratorylMedical Examiner Facility: Missoula, Montana 'Phoenix PoJice Department Forensic Science Laboratory: Phoenix, Arizona 'Pinellas County MedicaJ Examiner Facility & Forensic Science Center: Clearwater, Florida 'YermonJ Forensic Science Laboratory: Waterbury. Yermont 'Washington State Patrol Forensic Laboratory: SeattJe, Washington 'Maryland State PoJice Forensic Science LaboraJory: Pikesville. MaryJand 'Austin Police Department Forensic Laboratory: Austin, Texas 'Santa Clara Coumy District Attorney Crime Laboratory: Santa Clara, California .CaJifornia Department ofJustice Forensic LaboraJories (4 facilities): Fresno, CentraJ Yalley, Riverside, and Redding. California 'Michigan State Police Forensic Science Laboratory: Grand Rapids. Michigan .Yarious Police Forensic ID labs McClaren, Wilson & lawrie, Inc. Arizona Consultants in Pub I Ie Safety <Þ 2001 Virginia ,. H~,W~'ì:~,Iw.. David Guy Wilson Principal Architect Specialties: Police Facilities Forensic Science Facilities Civic Facilities Fire Facilities Municipal Courts Master Plans Feasibility Studies Needs Assessments Facility Design Technical Consulting Registered Architect: Arizona California Idaho Texas NCARB Certification Education: Bach. of Architecture Washington State University Recognitions include: , The Americao Institute of Architects. National Exhibition of .lust ice: 1997 Tbe Gastonia Police Headquarters. North Carolina "L""" M r. Wilson is a founding partner al McClaren. Wilson & Lawrie. Inc. and internationally recognized for planning and design of public safety faciJiries. Overthe past decade Mr. WiJsoTl has led masterpJanning. needs assessment, and design teams exclusively on civic/ public safety faciJity projects throughout the United StaJes and Canada. Mr. Wilson has served as a guest lecturer in a variety of public safety conferences including North Carolina Justice Academy. Jhe International AssociaJion of Chiefs of Police. and the ImemationaJ Association of Law Enforcement PJanners. He recenJJy served as guest lecJurer for the American Institute of Architects Committee on Archi- tecture for Justice Conference. .lustice in the Next Millenium: The Basic Art & Emerging Trends. He aJso co-authored the police facilities planning section of the ICMA handbook-LocaJ Government Police Management. Mr. Wilson has estabJished a reputation for creativity and innovarion in public safeJy facility planning and design. Mr. Wilson has led numerous police and civic facililies masJerplanning efforts including projects in: 'Winnipeg, Manitoba Canada 'Yuma. Arizona 'Cincinnati. Ohio 'Honolulu. Hawaii -Tacoma, Washington 'Seattle, Washington 'Austin. Texas 'Garland, Texas Mr. Wilson is currently leading the planning and design efforts for a new 70,000 sffull- service forenics center and poJice substation in the City of Austin, Texas. This project will replace undersized and outdated faciJities wiJh a new state-otCthe art faciliJy that will accommodate new technology, flexibility in work environment. and expansion capabiJ- ity. Mr. Wilson is also curremly tinaJizing his design of a J 70,000 sf public safety campus that includes a police headquarters, forensic faciJity, communications cemer, courts buiJding. and detention center io GarJand, Texas. This project was pJanned to meet current needs through the City's projected buiJdout popuJarion and become the standard for new civic building development in Garland. Mr. Wilson's recent planning and design of the Tucson Southeast Police Substation was dedicated in April J 999 and is regarded as the benchmark for their future poJice faciJities. This unique facility is co-located with a branch library reinforcing communication and rapport between the omcers and the community they serve. Some of Mr. Wilson's recent projects include: 'Dallas, TX-Police headquarters planning and design consultation 'Tacoma, W A-PolicelFire Headquarters & forensic science lab planning/concept de- sign/design consuJtation 'Richmond, V A-State poJice headquarters pJanning and design 'Seattle, W A-Police headquarters planning and design consultation 'Fairfax County. VA-Forensics Facility planning and design consulJaJion McClaren, Wi Ison & Lawrie, Inc. Arizona Consultants in Publ ie Safety <Þ 2001 Virginia CARRII:R JOHNSON Gordon R. Carrier, AlA, NCARB Principal-In-Charge Over the last twenty years M~ Carrier has established an impressive track record of award-winning projects. As managing principal of Carrier johnson, he sets the tone for the firm's design philosophy and oversees its implementation. The breadth of his experience encompasses t. municipal facilities, corporate office J . complexes, university compus projects, mixed-use developments, retail centers, residential developments, R&D facilities, and manufacturing warehouses. For three years M< Carrier served as the architectural representative on the Centre City Development Corporation (CCDC) board of directors. In this capacity he became familiar with the operations and objectives of San Diego's Downtown Redevelopment Project. Through his professional associations as well as professional practice, he is an outspoken proponent for improving the urban environment by the integration of quality architecture and urban design. Registration/Affiliations: Registered Architect, Califomia, Arizona, Colo,ado, Hawaii, Maryland, Utah and Nevada National Council of Architect",al Registration Boards American Institute of Architects Education: Bachelors, Architect",e, Honors, University of Michigan Masters, Architect",e, Design, University of Michigan Relevant Experience: County of San Diego, Hall of Justice, San Diego, CA Full services architecture and interior design for 358,000 s.t. building with 16 courts, District Attorney's office and underground parking San Diego Government District Master Plan 16-block study area to unify government offices downtown San Diego Murrieta Towne Square, Murrieta, CA Site analysis and conceptual design for a 36-acre Town Hall facility City of Chula Vista Police Headquarters, Chula Vista, CA Eight building civic center campus including a 1 three story office and operations center for the Chula Vista Police Department Sony Technology Center, Rancho Bernardo, CA Architecture and interior design for a 120,000 s.t. office/manufacturing facility General Instrument Regional Headquarters, San Diego, CA Full service architecture and interior design for the 326,000 s.t. office and manufacturing facility, with engineering and R&D labs BFGoodrich Corporate Headquarters, (formerly ROHR, Inc.), San Diego, CA Master planning, architecture and interior design for the 360,000 s.t. award-winning engineering office complex Ford Aerospace & Communications Regional Headquarters (turn key) Architectural design for a 150,000 s.t. office Industrial Computer Source, San Diego, CA Programming and initial space planning for a 132,000 s.t. two-story office and manufacturing facility SDG&E Electric Building Renovation, San Diego, CA Interior design for the 180,000 s.t. corporate headquarters renovation SDG&E Mission Control Center Renovation, San Diego, CA 31,500 s.t. major renovation of a 24-hour occupied operation facility Gateway Corporate Plaza, Colorado Springs, CO Architectural design of a 500,000 g.s.t., multi-level, multi-building corporate facilities Park West Plaza, San Diego, CA Architectural design for a 144,000 s.t. office, 10,000 s.t. retail, 137,000 s.t. condominium and 180,000 s.t. 3-level underground parking structure Webb Inter West Office Building, Colorado Springs, CO Architectural design for a 125,000 s.t. office building Junior Achievement National Headquarters Award-winning architectural design for a 34,000 s.t. nationai headquarters Desman Professional Center, Colorado Springs, CO Architectural design for a 81,000 s.t. office building Torrey Pines Business Science Center, San Diego, CA Architectural design for a 58-acre, 550,000 s.f. phases research and office complex Sorrento Towers, San Diego, CA Master planning and architectural design for 300,000 g.s.f. twin office buildings University of San Diego Kroc Institute for Peace and Justice, San Diego, CA Full service architectural design for the 90,000 s.t. premier international conference center CAHHIEH JOII"50N Steven T. Schrader, Architect Project Manager Mr. Schrader, performing in Project Manager and Project Architect roles, has over seventeen years of architectural design, contract documentation and project management experience. His experience ranges from corporate headquarters and speculative office lacilities, interior design and corporate . tenant improvements, high-rise tenant improvements and code-compliant upgrades, 24-hour operation power and gas distribution (mission-aiticol) facilities, biotechnology research laboratory and drug manufacturing facilities, aerospace/defense manufacturing facilities, and hotel/restaurant/hospitality projects, among others. Registration: Registered Architect, Califomia ~: Bachelor of Architecture, University of O,egon Relevant Experience: Murrieta Towne Square, Murrieta, CA Site analysis and conceptual design for a 36-acre Town Hall facility City of Chula Vista Police Headquarters, Chula Vista, CA Eight building civic center campus including a 1 three story office and operations center for the Chula Vista Police Department Peregrine Systems World Headquarters, San Diego, CA Architecture, Programming and interior design of Kilroy Carmel Center's multi-phase,532,425 g.s.l. corporate campus (5 office buildings and one park- ing structure) LPL FinanciaJ Services I Plazas I & II Eastgate Technology Center, San Diego, CA 128,000 s.l., two-story, two-building corporate office/West Coast headquarters complex for worldwide financial analyst and stockbrokerage trading company LPL Financial Services I Plaza III Eastgate Technology Center, San Diego, CA 100,568 s.l., three-story corporate office building expansion, completing the master-planned campus Industrial Computer Source, San Diego, CA Programming and initial space planning for a 132,000 s.l. two-story office and manufacturing facility Carmel Valley Corporate Center, San Diego, CA l' 8,000 s.f., two-story, two-building, speculative office complex, including substantial upgrades to building and elevator lobbies, elevator cabs and restrooms and natural stone-clad exterior radius wall and courtyard water features Premier, Inc., San Diego, CA 60,000 s.l. two-story corporate office tenant improvements within the Carmel Valley Corporate Center project Civic Center Plaza Renovation (Formerly Security Pacific Plaza), San Diego, CA Main lobby renovation and building core area upgrades to 215,000 s.l. 18-story high rise San Diego Gas & Electric Mission Control Center Renovation, San Diego, CA 31,500 s.t. major renovation of 24-hour-occupied critical power distribution operations facility. Project construction was coordinated in six phases over fifteen months. San Diego Gas & Electric Gas Control Center Remodel, San Diego, CA 1,370 s.t. renovation of 24-hour-occupied critical natural gas network and distribution mainframe facility DURA Pharmaceuticals, San Diego, CA 43,000 s.t. aerosolized dry power cGMP, FDA- validated manufacturing and fill facility, including: R&D, Quality Assurance and Microbiology laboratories, office and raw materials/quarantine and finished/released goods warehouse McGhan Medical Corporation, Santa Barbara, CA 31,000 s.f. manufacturing/office facility and design of new/additional 48,000 s.l. laboratory, Class 10,000 cleanroom and Class 3 mammary prostheses manufacturing suites CAHHIEH JOHNSON Jeff Dawson Project Designer jell Dawson oilers aver ten years 01 prolessianal architectural experience in a wide range 01 projects including education, corporate ollices, residential, retail, and interior design. He is currently working on the City 01 Chula Vista Civic Center and Police Headquarters. ~: Master of Architecture, University of Colmado at Denve, B.A. Environmental Design, University of Colorado at Boulder Relevant Exaerience' City of Chula Vista Civic Center and Police Headquarters, Chula Vista, CA Eight building civic center campus including a 1 three story office and operations center lor the Chula Vista Police Department Bel Air Beach Club, Bel Air, CA Beach club renovation and expansion with exercise rooms, dining and kitchen facilities and administrative offices Ballpark Reuse and Relocation Study, CA Study of three potential stadium sites for a 50,000 seat ballpark and mixed-use development 3rd and Los Angeles Apartments, Los Angeles, CA Feasibility study for multiple residence density scenarios with below and above grade parking Terminal Annex Reuse Feasibility Study, Los Angeles, CA Study to reuse historic 400,000 s. f. post office adjacent to Union Station train depot in downtown Los Angeles to include office space and mixed-use residential Alameda Office Building Feasibility Study Alameda, CA Study for 150,000 s.f. office complex within the Union Station Master Plan 3rd and Los Angeles Apartments, Los Angeles, CA Feasibility study for multiple residence density scenarios with below and above grade parking NovartJs Agricultural Discovery InstJtute for Functional Genomics, San Diego, CA Design for 230,000 s.t. headquarters featuring wet and dry labs, a greenhouse, growth chambers as well as offices and a 200 seat auditorium Olympic Memorial Hospital, Sequim, WA Urgent care clinic, wellness center, and surgery center for 60,000 s.t. single story medical office building Cornell University, Duffield Hall Nanofabrication Laboratory, Cornell, NY Renovation and addition of 60,000 s.t. laboratory classroom building Front Range Community College Larimer Campus, Harmony Library, Fort Collins, CO 30,000 s.f. college library for joint use with the City of Fort Collins public library system California Lutheran University Residence Hall Thousand Oaks, CA Design for 31 room dormitory on existing student housing site within CLU master plan Kaiser Permanente, Skyline Medical Office Building, CO 82,000 s.t. urban clinic and entry court over below grade parking garage Cherry Creek South Apartments, Denver, CO 186-unit high-end apartments Fieldstone Development Corporation, Carlsbad, CA Master plan for single and multi-family residences Lincoln Property Company, CO Site and eievation schemes for three apartment feasibility studies totaling 1,250 units US Business Bank, Los Angeles, CA Interior design for 6,000 s.t. office space C^ { {I~ { JOHNSON Alison Kung-Kellerer, Associate Architect Project Architect '1 I Mrs. Kung-Kellerer has over 19 years 01 experience in public projects with Carrier Jahnson. Her recent municipal projects include the award-winning County 01 San Diego Hall al Justice and the County al San Diego Central Jail Facility. R~(listration: Registered Architect, CaHfomia ~: Bachelors of Arts, Environmental Design, San Diego State University Proiect Experience: Murrieta Towne Square, Murrieta, CA Site analysis and conceptual design for a 36-acre Town Hall facility City of Chula Vista Police Headquarters, Chula Vista, CA Eight building civic center campus including a 1 three story office and operations center for the Chula Vista Police Department County of San Diego, Hall of Justice, San Diego, CA Full services architecture and interior design for 358,000 s.t. building with 16 courts, District Attorney's office and underground parking County of San Diego Central jail Facility, San Diego, CA Associate Architect for a 900-bed, 413,000 s.f., high-rise jail County of San Diego, East Mesa Detention Facility San Diego, CA 340,000 s.t., 1,000-bed, 7 building design-build project, iocated on a 7O-acre site Office of the State Attorney General, Department of justice, San Diego, CA 80,000 s.t. County of San Diego, East Mesa Juvenile Detention Center, Otay Mesa, CA 900-bed juvenile detention facility City of San Diego, Mira Mesa library, San Diego, CA 20,000 s.f. award-winning city library Motorola BCS Division (formerly General Instrument), San Diego, CA 326,000 s.t., offices, engineering labs, R&D and manufacturing facility Safeskin Corporation, San Diego, CA 240,000 s.t. signature headquarters with two three-story buildings San Diego Gas & Electric Mission Control Center San Diego, CA 31,400 s.t. phased demolition and renovation of 24-hour occupied essential facility Bridgeworks, San Diego, CA A landmark urban mixed-used deveiopment in San Diego Gaslamp Quarter including a hotel, office building and 30,000 s.t. of retail and restaurant space University of California, Geisel library, Addition and Renovation, San Diego, CA 221,000 s.t. new building; 165,000 s.t. renovation University of California, San Diego Revelle Dining Commons Renovation, La lalla, CA 18,000 s.f. dining renovation UnJversity of California, San Diego Engineering Building UnJt I, La jolla, CA 215,000 s.t. classrooms and office San Diego State University, Hall of Fame, San Diego, CA Architectural and interior design services for athletics administration building, hall of fame, and alumni center on a 2-acre site San Diego State University Women's Gymnasium, San Diego, CA 100,000 s.t. CARHIER JOHNSO," ~ Erin Bllz, IIDA Senior Interior Designer Ms. Bill has aver fifteen years of interior design experience including responsibility for helping to define a desired iamge and quality in both space planning and design concepts. She has a broad range of praject experience including corporate headquarters, high technology clients, and educational facilities R~gfstration: National Council for Intelior Design Qualifications Education: Bachelor of Arts, Environmental Design Emphasis in Interior Design, San Diego State UnivelSity R~/~vant Exp~ri~nc~: CJty of Chula Vista Police Headquarters, Chula Vista, CA Eight building civic center campus including a 1 three story office and operations center for the Chula Vista Police Department General Instrument Regional Headquarters, San Diego, CA Full service planning and interior design for the 326,000 s.t. office headquarters,with engineering and R&D labs Sony Technology Center, Rancho Bernardo, CA Interior design for a 210,000 s.t. office/manufacturing facility R.W. Johnson Pharmaceutical Research Institute San Diego, CA 122,140 s.t. laboratory and administrative complex Advanced Marketing Services. San Diego, CA Tenant improvements for 60,000 s.t. office facility Gateway, San Diego and Lake Forest, CA Interior design for 300,000 g.s.t. of space for seven of Gateway's primary corporate centers Safeskin Corporation, San Diego, CA Full service planning and interior design for a 240,000 s.t. office headquarters Industrial Computer Source, San Diego, CA Programming and tenant improvements for a 132,000 s.t., two-story office and manufacturing facility Forward Ventures, San Diego, CA Interior design for 8,000 s.t. office headquarters TKG Consulting Engineers, La jolla, CA Interior design and tenant improvements for corporate office space San Diego State University, Hall of Fame, San Diego, CA Arcitectural and interior design services for athletics administration building, hall of fame, and alumni center on a 2-acre site San Diego State University, Aquatics Center San Diego, CA Programming for a 14,300 s.t . aquatics center Bridgeworks, San Diego, CA Interior planning and design for 160,000 s.t. Hilton Garden Hotel with 53,400 s.t. of office/retail/restaurant space Army Dragon Hill Lodge Expansion Seoul, South Korea $19 million expansion, to include an 84-100 guest room addition, office space, and staff apartment units c>x.H¡g IT 3) Highland Partnership, Inc. PROJECT, Police HeadquartB18 Ravl,ed, LOCATION, Chula Vl,to Oeslgn Bnd Englnee"ng Schedule p,oJect TIming. May 2001 to Ap'U 2004 (I,cludes Oeslgn and Eng'nes,'ng to, Right ot Way Imp,ovementa) 11113101 OESCRIPTION OF WORK OE"GNER SUBTOTALS 'CHEMATOC DESIGN CONSTRUCTION CONSTRUCTION ENGINEER 1<7,533 DESIGN DEYELOPMENT OOCUMENTS ADMIN(STRATION VENDOR aSF P","' Ph...' Pho"'" Ph",.. , G"",",.., E'"..'m,"" "" "'p,,"'o, C'TY' -, Fo, ,I",. 0 0 0 0 2 "'wE,'_~'T""""""",~",, ""'.", W"~ Low.. 225,893 68,118 70,'" 59,385 ",m 3 A"""""""""" C"""J,,""~ "'83.200 "'.200 3".'00 5""00 320.500 , SO.,,",,'E, 'M","","""'.,' MM"'M"," "3.000 20.000 61.000 "'.000 ".000 5 """'Eoo'"",'o,"'O"" p,.",Ou' 'Co,~"',' "9,'00 25,000 ,",000 85,000 ",800 , HVACE,,'_ri, '",..", GEM '09.500 17,000 35,000 ".BOO 10,000 T ""mOO",," ,"""'","'0"" GEM "'.500 ",000 35.000 ".500 15.000 , ""'"~'E,,_" '""""" ".."~,, 2IO,TOO ',200 "'.500 '18.900 33.'00 9 ~ 0 0 0 0 0 10 E",'..Om ,"""",COOO.'."h,m"',E,"m",o."y "'m"""A",..~, ",900 18,900 0 0 0 II M""'.Coo"""",,""'."" VARIOUS " "',"" "'.B,". 25,000 0 0 0 25,000 " L-" 'Coo""" ",000 15,000 15,000 15,000 " ""'Pho'-""'y 10.000 0 0 0 10.000 15 C,"',""", Coo~"",' V'm"""~COO'""",' 18.200 , 0 5.000 13.200 " W",-", 'R~", ""'",""' M,"""'"" W""," ," ",,""0' 1 ,"'Od 0 0 0 0 17 AOACoo,,"'" I 30.000 0 0 30.000 0 18 W','owW",", .R-.,D,","ocSOm"" I 15,000 0 0 15,000 0 18 C",""'W~,~"'o"~h"""""""(30,,"_' F,".,oo hG,"_'R",",m,"" , 0 0 0 20 'oom,"'""o'~",""'""doo,~",,,CJ" I 3,000 0 0 3,000 0 21 """~"m,""'P"'R"",,,- F,".,oo,hG,"",'R",",_"", 0 0 0 0 22 Comm"'œ"o".('" "'T'" CI"Coo~',"' C'TY 0 0 0 0 23 G",.'œ ,"'An CO"""",,, W""FF&E C'TY 0 , 0 0 " a",.""",, W",FF&E C'TY 0 , 0 0 25 U h"".W",",.,S,""m,F,m"",P,"- W"hFF&E C'TY 0 0 0 0 " T"',.E"",o,m,""'SO",,Co", C"""'",""", CITY 0 0 0 , " FF&E."""'o,',"oo",m,"""""""'" 'yC'" 0 0 0 , " T,'""oo,'w",h,"",,"""""" ByC'" 0 0 0 0 " Com"""","" '"' Com"", "","" ""., ,'" ~ ,"","","", 'yC", 0 0 0 , 30 FF&E.G",h""",",S,,"m,,"' R~mSl,""" ,""""",""",~A ByC", 0 0 0 0 so R"oo""",COO'""",""'o,M~,M"""~,, ByC", 0 0 0 0 32 O"',"P"",Rom,"""",,.'" aLL 3O5.38T ",'" 61,,", "',180 ,",,"T 33 0", ","EM'","" E~'"""""""""'" 15T,"" 21,835 ".00' 83,68' 30.'" " """'E,>","",P"',,M,"o",mM' ',G,",,"""""'oo, 0 0 0 0 35 S","",.." ""dE",_,,,Cœ' 3.202,'" '68,530 835,52'/ ',2",5« 613,683 38 To,"""","'E",""""""", 3T O,~,"""' 'A"E, "..",B,M" '."','" 38 ","","Orig'""O"",B"",, '15,"" 39 S","".." ""' E-I_"", Co", 3,202,'" '" "'"," ROW"E 0 " ""œF,.,"","'A"oo."""'WooA&E 3,202.'" p,,", 0", ""51200' "SO AM FI,,' ""ad Fee Soh"",(.. """ B."" o..(gn C.., S,mm". Soh"",(, SCHEDULE OF RATES MATRIX Highland Partnership, me, YEAR 2001 POSITION liTEM Hourly & % Rates Updated: 8/9/01 Design and Engineering Personnel The following hourly rates will be utilized for additional scopes of work. Listed Rates are for Calendar Year 2001. A 5"10 increase per year will be added for future work. Lump sum prices for specific changes in the scopes of work will be provided based on these unit prices. Carrier Johnson Design and Engineering Personnel Managing Principal Archrtect I Engineer Senior Principal/Director Architect I Engineer Senior Associate Architect I Engineer Senior Project Manager Senior Project Designer Project Manager Senior Jnterior Designer Project Architect - Level" Project Architect - Levell Project Designer Interior Designer Architect Job Captain Designer Junior Designer 2 Draftsman I Cadd Operator Junior Designer 1 Administration Assistant Specifications Landscape Project Manager Landscape Project Coordinator Landscape Architect Graphic Artist I Designer 2 Graphic Artist I Designer 1 Support Staff 195.00 165.00 150.00 140.00 140.00 110.00 110.00 110.00 95.00 95.00 95.00 80.00 80.00 80.00 75.00 75.00 65.00 65.00 90.00 110.00 90.00 85.00 85.00 75.00 55.00 McClaren Wilson Lawrie Design and Engineering Personnel Managing Principal Architect I Engineer Senior PrincipaJ/Director Architect I Engineer Senior Principal Programmer Principal Designer Project Manager Project Designer Project Architect Designer CaddiArchitect Draftsman I Cadd Operator Administration Assistant Support Staff 150.00 150.00 135.00 135.00 100.00 90.00 85.00 75.00 75.00 75.00 60.00 60.00 HighJand Partnership, Inc. Rates Matrix A Page 1 of 3