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HomeMy WebLinkAbout2009/05/26 Additional Information Honorable Mayor Cheryl Cox and Distinguished Council Members City of Chula Vista, CA RE: Request Review by Mayor and City Council of Fire Department Order to Install 3 strobes and Knox box at entrance gates at Villa Tempra Homeowners Association and to rescind Order to Install I write this letter to you requesting a review ofCV Fire Department policy OPS 3103.00 dated 4/19/1999 (HI) as it relates to automatic gates. This policy is being unfairly, selectively and retroactively applied to Villa Tempra as follows: The Villa Tempra complex is located at 341 Palomar Street, built in 1986. It is a central location, which means there is constant traffic. In 206 we decided to install an entrance and an exit gate to control access to the complex and to enhance security (AI). Our gates also have pedestrian access, remote control operation as well as an electronic keypad for code entry, meaning REDUNDANT systems. We applied for all the permits required by the city (81), and followed all the instructions and met all the requirements we were told we had to meet, including installing the Knox boxes to each gate by the fire department. The permit was granted on 8/24/07 (CI). The California Fire Code section 503.6 requires "an approved means of emergency operation" (FI). Our gates already have the Knox boxes (GI), which means we are in compliance. The order from the fire department of 4/1/09 (II) requiring the installation of 3 strobe lights to open the gates, the installation of one additional Knox box and the activation of the exit loop, would cost approximately $2,500 to install, money which in these difficult economic times, with multiple foreclosures in the complex, Villa Tempra does not have. Besides, enforcing this order would be a violation of the law, as the law can't be applied retroactively. We were told our only option would be to appeal to the Board of Appeals, but that process costs $400, which we don't have. We have filled out an appeal form, included here (JI), in case you want to waive the fees and have the Board take up the matter, but we also ask you, the City Council and the Mayor, to review the matter and to rescind the order. We appreciate your consideration of this important issue. Please rescue us from the Fire Department! (6] 9) 253-0901 Table of Exhibits Villa Tempra HOA Appeal of Order from Fire Department AI. Pictures of the entrance and exit gates to Villa T empra 81. Approved application to install gates with all required signatures CI. Building permit B07-0530 granted 8/24/07 Fl. California Fire Code section 503 and 504 page 52 G 1. Knox Box requirements hand-out given out by the fire prevention division HI. Fire Department Policy OPS 3103.00 of 4/1999 11. Fire Department order to Villa Tempra to install additional equipment by 6/30/09 JI. 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CA. 91910. 619.6.~1-527': . 619.409.5428 (Fax) LICENSED CONTRACTOR DECLARATION I hareby affirm under penally of perjury that I am licensed under provisions of Chapler 9 (commencing \~ith Section (000) of Di'/ision 3 oi ,lie aU5;r.~5S c:l'J ?ro;csslcns Code, and my icenseisintullforceandettect. License # Class Expiration Date Contractor Signature OWNER - BUILDER DECLARATION I hereby atrrm under penally of pe~ury that I am exempt trom the Contractors' State License LaN for the following reason (Sec. 7031.5 Business and Professions Coae: My city or county that requires a permit to construct, alter, mprove, demolish or repair any structure, prior to its issuance also requires the applicant tor such permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractors' State License Law (Chapter 9 (commencing with Section 7000) of OMs ion 3 01 the Business and Professions Code) or that he or she is exempt there from and the basis tor the alleged exemption Any violation 01 Section 7031.5 by any applicant tor a permit subjects the applicant to a CIVil penalty 01 not more than five hundred dollars (S500).): o I, as owner 01 the property or my employees with wages as their sole compensallon, will do the work, and the structure is not intended 01 offered ror sale (Sec, 7044, Business and Professions Code: The Contractors' State lJcense Law does not apply to an owner of property who bUilds or improves thereon, and who does such work himse~ or herself or through his or her own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of camp etion, the owner-builder will have the burden of proving that he or she did not build or improve for the purpose of sale.) o I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractors' State Ucense Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects w th a contractor(s) licensed pursuant to the Contractors' State License Law.). o I am exempt under Sec. B.&P.C. for this reason: Date o.vner WORKERS' COMPENSATIDN DECLARATION I hereby affirm under penalty of pe~ury OI1e of the following declarations: o I have and will maintain a certif cate 01 consent to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. o I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, lor the performance of the work for which this perm t is issued. My worke~s compensation insurance carrier and policy number are: () clrner Polley Nurnber ~Jte Appllcanl L CERTlACATE OF EXEMPTlDN FROM WORKERS' COMPENSATION INSURANCE (ThIS section need not be completed if the permrt ts for $1 00.00 or less). I certify that In performance 01 the work for whICh thIS permit IS Issued, I s II not employ any person in any manner as to become subject to the workers' compensation laws of Cal fomia, and agree that 1 I shou d beco ubJect to 7" workers' co pensat on provIsions of Section 3700 01 the Labor Code I sha I lorthwlth comply with those provisions. ~ ::J . ()-I-- Date f-z'-l-07 ApplicanL ~ ~-~ WARNING. Failure to secure workers' compensation coverage is hall ubJ€Ct an ~mployer to cnmlnal penallles and CIVil fines up to one hundred mousand dollars (S100,000), in addition to the cost of compensation, dama s as provide section 3706 of the labor code interest, and atiomey's lees ONSTRUCTlON LENDING AGENCY I hereby affirm under penally of perjury that there is a constru on lending agency lor the performance of the work tor which this permit is issued (Sec. 3097, Civ. C.). Lende~s Name Address I CERTIFY THAT I HAVE READ THIS APPLICATION AND STATE THAT THE ABOVE INFORMATION IS CORRECT. I AGREE TO COMPLY WITH ALL CITY AND COUNTY ORDINANCES AND STATE LAWS RELATING TO BUILDING CONSTRUCTION, AND HEREBY AUTHORIZE REPRESENTATIVES OF THIS CITY TO ER UPON TH ABOVE-MENTIONED PRDPERTY FOR INSPECTION PURPOSES. 5-iW i ~ U;;;R J--/Y - 0 ") PERMIT NUMBER: ISSUED: JOB ADDRESS: DESCRIPTION: PARCEL NUMBER: PERMIT TYPE: APPLICANT OWNER VALUATION $ Occupancy Type Totals.. 807 -0530 341 E PALOMAR ST CHVI ELECTRIC GATES (2) BUILDING PERMIT B07-0530 STATUS: ISSUED 03/12/2007 EXPIRES: 09/08/2007 341 E PALOMAR ST CHVI 6' Eleclnc Gate & 3.5 High Electric Gates ACCESRY1 SUB-TYPE: MSRYWALL VILLA TEMPRA C/O ASSOC PROFESSIONAL SERVICE POBOX 602090 92160 VILLA TEMPRA ClO ASSOC PROFESSIONAL SERVICE POBOX 602090 92160 $0.00 Factor Sq Feet Valuation $0. 00. Calculated Fees: Additional Fees: Total Penni! Fees: Payments: Balance Due: $0.00 $133.15 $133.15 $133.15 $0.00 THIS PERMIT SHALL EXPIRE BY LIMITATION AND BECOME NULL AND VOID IF THE WORK AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS OF DATE OF ISSUE OR IF THE WORK IS SUSPENDED OR ABANDONDED AT ANY TIME AFTER THE WORK IS COMMENCED FOR A PERIOD OF 180 DA YS. CALL THE AUTOMATED Voice Permit..- LINE AT 619-409-5434 TO SCHEDULE INSPECTIONS, FIRE SERVICE FEATURES fire apparatus anti shall be surfaced so as to provide all.wcmher driving capabilities. 503.2.4 Turning radius. The IequiJed lurning radius of a fire apparatus access lO<ld shall be determined by the tire code official 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess 01150 feet (45 720 mm) in length shall be provided with an <lpproved area for turning around fire apparatus 503.2.6 Bridges and elevated surfaces. Where a bridge or :111 elevated surface is part of a fire apparatus access road, the blitlge shall be consuuclcd and maintained in accordance witl. AASHTO HB.17. BIidges and elevated surfaces shall be designed IOf a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfnces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved baniers, approved signs or bolh sholl be installed and maintained when required by the fire code official. 503.2.7 Grade. The grade of the fire appaJatus access road shall be within the limits established by the fire code official based on the fire depaHment's apparatus. 503.3 Marking. Where required by the fire code official, approved signs Of other approved notices shall be provided for fire apparatus access roads to identify sllch roads or prohibit the obstruction thereot. Signs or notices shall be maintained in a dean and legible condition at all times and be replaced 0( r~paired when necessary to provide adequate visibility 503.4 Obstmction of fire apparatns access roads. Fire appa. ralUS access roads shall not be obsttucted in any manner. including the parking of vehicles. The minimum widths and clearances established in Section 503.2, I shall be maintained al aJl ti mes, 503.5 Reqnired gates or barr'icades. The fire code official is authorized to require lhe installation and maintenance ot gates or ocher approved ban icades across fire apparatus access roods. trails or other accessways, not including public streets, alleys or highways 503.5.1 SecUl-ed gates and barricades. When required. gates and barricades shall be secured in an approved man- ner. Roads, trails and other accessways . chat .have been dosed and obstructed in the manner prescribed by Section 503.5 shall nOl be trespassed on 01 used unless authorized by the owner and the fire code official. Exception: The restriction on use shall not apply to pub- lic officers aCling within the scope of duty. fB} 503.5.2 Fences alld gates. School glvlmdj may be fenced and galej thereilllllQ)' be equipped with locks, pro- vided ThaI 5afe di5penol areGS based all 3 square feel (0.28 m2) peT' occupam are located between lhe school and the {ellce. Such required jafe disperJal areas shall nol be locared len rhall 50 feer ( J 524011/11/) froll/ ,chool bllildillgs. EvelY public alld p;it.ote school shall confonlllVilh Sec- tion 32020 afthe Education Code which slales: 52 lFT1 The goveming board oj every public school di5IJict, and the g0\1emi1t8 out/uJ/it)' oj eve,)' private school, which maimaim all)' builditlg lHed tm tlte imtmctiolJ 01' ;'OlHillg oj 5ehool pupils olllmld entirel)' ene/osed (e.-Kept (or build- ing walls) by {ellces or walls, .shall, through cooperation with the local law e1ljorcemelll and fire protection agencies having jurisdiction oj the area, make pro~,j.'iioll {Of the erec- tioll of gates ;1/ slIch fellces or walls. Tire gates shall be oj mfficielll siz.e to petmit the elllrollce of the ambulallces. police equipmem alld firejightillg apparatm used by the law c/lforcemcm aud fire protection agencies. [here shall be 110 less rholl olle such acces.~ gate and there shall be as many such gates as tlceded 10 ell.\llI'f' Qc.cen to all majol' buildings and ground areas, lj such gates are to be equipped with loc,ks, the locking devices shall be designed to penult ready e1l1rance by the me oj Ihe chain or holt-olltillg devicej with which Ihe local law enforcemelJl and fire protection agen- cies may be equipped. 503.6 Security gates. The installation 01 securilY gales across a fire appmatus access road shall be approved by the fire chiel. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be mainlained operational at all times. SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS 504.1 Required access. Exterior dools and openings required by this code or the Cali/omia Building Code shall be main- tained readily accessible for emergency access by the fire depaltment. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the tire code official. 504.2 Maintenance of exterior doors and openings. Exterior doors and their function shall not be eliminated without prior approval. Exterior doors that have been rendered nonfunc- tional and that retain a functional door exterior appearance shall have a sign uffixed to the exterior side of the door with the words THIS DOOR BLOCKED. The sign shall consist of let- ters h"ving a principal stroke of nOlless lhao 0.75 inch (19 I mm) wide and at least 6 ioches (152 mm) high on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. Exit and exit access doors shall comply with Chapter 10. Access doors COl high-piled combus- tible storage shall comply with Section 2306.6. L / ( 304.3 Stairway access to roof. New buildings fOUl 01' more stories in height, except those with a roof slope greater than four units vertical in 12 units horizonral (33.3 percent slope), shall be provided with a stairway to the roof. Stairway access to the roof shall be in accordance with Section 1009.12. Such stairway shall be mmked at street and floor levels with a sign indicating that the stairway continues to the roof. Where roofs are used for roof gardens or for other purposes. stairways. shall be provided as required for such occupancy classification. 2007 CALIFORNIA FIRE CODE .~\,{} K ().') (. - (~(J<-'---- f:'ij () / \.-/~1....-'\... \,...../ . -" -~ CHUlA VISTA FIRE DEPARTMENT FIRE PREVENTION DIVISION COMMERCIAL KNOX BOX REQUIREMENTS Building Knox V;lUlt I 10 ft. Main Entrance t8l1m" 6ft. 'Tlln5fl. . rnax ,.,,' ",. ~, ~'r.:;,; ~.... ,- '~., ;~.: :. > .J.S':'... p.,j:..J.' :.. ~'1;-;' ::s "_ '''~C:.~:~~ ::" :" j"<:~~i~.~ Main Entrance/Street facing . Located no further than 10ft. fro III main entrance . Minimum height ~ 5 ft. I Maximum ~ 6 ft. . Knox Vault 4444 Series (recessed wi hinged door) . Each building requires a minimum oitwo Knox devices (one Knox vault and one Knox box as located above). This requirement can only be waived by the Fire Marshal . Some buildings will required additional Knox devices . The "Fire Department" Alert Decal is to be mounted on the Knox device's door or frame . Keys to be placed into the Knox box will be deter- mined by CVFD Fire Prevention Staff (i.e. master key(s), Fire Control Room, FACP, SDG&E, keys for appliance opperation, etc.) . Keys shall be identified with a tag and attached with a key ring . Mid and high rise buildings shall provide an addi- tional master key cabinet on the inside of the building with a minimum of six sets of keys ~!/?- ~ CIlY Of CHUlA V(srA Building Knox Box , I i;~l fire Control Room _ 'i~ max m~~ !J h. ,1!t mm5n. ~ !' ......; ~ y\. ,', 'J .. ,j~~~:!:i~~: . . '.. - ',.J.~. ~ . '~;', .'. . .. ";..~' ~ . ,- .~, -~..., ~"'-. .' ~ 'J .,: . .... . -/..'; ...,;;. . Fire Control Room . Located no further than 2 ft. from fire control room (,lIlalching side) . Minimum height = 5 ft. / Maximum = 6 ft. . Knox Box 3227 Series (recessed wi hinged door) /.:;~~3~':;,,~, ., i >r':;:~N'F':i~.~.~ ~~i~~ ,.":",~, d' ...~' "!;f' , , ,0. ,. ,. ~"'" _, '.;, ,#" ,~, -.: ,~~ ~ .;;;}f'l ;;:j".i. '~j/~t; r f1".,~ ~i ('l'~ ....'t.:~ . "-I ~J; "71,_1 t ",' ',;-c; : ."..;;r,;; ~:-' ".. ~r ~~. ;.~~, , '.~~,;"'. ;;,i.;r~ . " ,,:-, t:fo"""':'.~","""""y'~ 'Li"'''~'I!r'-;,' .",,'>11' ,"-';;.;tc.... .~"s:',.~,......;. y,:.: 'f~'';''~i'" ,_Ji;"Y';i:''';~,:w_.r.' ~ ~-~,;;,.,~.;' ...~~..;.:.. 1. ..('''-'.:, ' ~."" (~''''Jo t"_#>l"JIt.It.l!-':';, 0# ->s:..f-C;:'I' '". -or "f.l '~~2'1\~.:- ':,{~ "'~'1:''; Ut ,;,~,,"IO. i':rt it ,': ~" l ,.l, \:., .t.~;'f'~' t,- L~' ~5i~'" '.. " ,~':: . Knox Box/Vault Fire Department . 447 F Street . (619) 691-5055 . fax {619l 691-5057 . w\vw.chulavistaca.gov rGTI Chula Vista Fire Department Standard Operating Guideiines Section:31 - Fire Prevention Subject: Automatic Gates OPS.3103.00 Division - Plan Checks Page: 1 of 1 Origin Date: 04/1 9/99 Revision Date: It is the policy of the Chula Vista Fire Prevention Bureau to require Knox key switch and Opticom opening devices on all new motorized gate-opening devices. During the plan check phase, the inspector will document that the minimum clear gate width of the gate is 20 feet He/She will fill-out a Plan Correction Sheet requiring both types of devices. The FD will have the ability to use both devices. All gate plans shall be routed and/or submitted to the Fire Prevention Bureau for approval. There shall be a Fire Prevention plan check stamp on all approved plans. When the inspector does the final inspection, he/she shall review the stamped approved plan and make sure the gate was installed per the approved plan. CITY OF CHULA VISTA FIRE DEPARTMENT REVIEWED THE STAMPII\IG OF THESE PLANS AND SPECIFICATIONS SHALL NOT BE HELD TO PERMIT OR APPROVE THE VIOLATION OF ANY CITY, COUNTY, STATE, FEDERAL LAWS OR OTHER RESTRICTIONS. CONSTRUCTION APPROVAL IS SUBJECT TO FINAL FIELD INSPECTION AND ACCEPTANCE PERMIT # BY DATE IE! fiRE SAFETY INSPECTION REPORT (Type 3) \ \ Page~ of ~ FIRE PREVENTION DIVISION . 447 F Street . (619) 691.5055 . fax (619) 691.5057 Business Name: '" l: l. I. .t\ Business Address: , t. C. \ ;';;..~. '_\t ~.'h It'"' .. ,l \.~. \ ., , '. , f.. ~ ...... "\ ,,,~I\. \ Inspection Date: Business Phone: 4, i. ) \ . I' Owner/Property Management:; . , \[ 'i) Address: ,.......C ,..~ 1" ._'.~...L\' f..: Suite: c' .. .....'r' Properly Phone: r. \ " "\~. \ " 0 j..L City: \... ,\ \.. I \' ",I ~... State: , Zip: '-II "'f I I . CODE:; COMPLIANCE REQUIRED INITIAL DATE , , ~ , ~~., \ I . , . . j . , r - ,. ,,\ . .' , I' , .L ,! \ <::'il.. , ~ .. , l \ . " , . , , t , .' .,. :~ , .' . ; , , - .... , .. , \ . , .., " .\ , , 'I( , r" , , .- ,-. , ; , 1 ! I. e . \~I - \ .. - ., t , " ,. " " : I. I \, . .\ , .. _:t#. ; !, l.' ,. ., " I .. J , > "l'~. ,,\ t , \ , , . -~ ' , , , . .' +2_, ,':. " ! I . ... '.'1,: ,'\ I . A. "l( . . , i. , i'. " , \ " r , , , , " , , , ;. , I.. , 1 ' " ,j..\.. \ . . f\t:. ') ." . \ ' , . , , .. . . ,I '. -.:t ;....... ) -, , , " .- , ,. , I " , I , , , . .. , - I. ., \ ; ,J ", I ,\ , \~ ..\1, , \ \ I \ , , ., .. , -, , , ' t _... ---- '"'"1(1 J~. --< .........--- '.-"-- ....... " .-....- - - ~, .:;-.... --:"'-'~"'l""':":'...... ~ " , '. , . , \ "< !' , . , , (l' , , -\".f!. , \ <I' I , , ' -;>, , : , , .- "i '" f ., . '.' ,{ , v " . -~....._-.,,- , , - , \ I , i , I , . , RE.INSPECTION DATES INSPECTOR TIME SPENT By order of the Fire Marshal, vou iHe hereby notiiied In correct all violafions 1st I immediately or show cause wh>' you sholl If nul be required 10 do 50. I A re-inspection will be conducted on S ~ .....; t " .,-,:'1 . \Nilliul 2nd I I failure tu comply with this notice is a misdemeanor. Violations"which are not corrected immediately andror remain aiter the fe-inspection may be processed 3rd ($95 fee) I I as a criminal offen~e. Thank you for your assistance Jnd cooperation in minimizing the fire and liie fuss in yOU! community. ,. , City Attorney I I Signature oi Recipient: 'L Final Clearance I I DOwner ~8~V1an<l.gcr o Employee DContra<:lor . or : ..:.::rt~ I. t,....'~ I D Permitted Occupancy 10 Update RMS and file. Inspecting Officer: ,.. ,- OccupLlnc)' Class: ID:, t ~" 't Time Spent . Area: l; , ,u;: -:;("'''"OW _ Fi,,,' Cur,.. Own"IOo"'r'OI . Pink. ,,,;,;,, Cop,.. Owne,/Occur,n, ~~~~ 0lY Of .000lA VISTA DVI-\"U VI" I-\t"'t"'CI-\L;:) I-\NU AUVI:SUK:S APPEAL APPLICATION FORM Appeal the decision of the: o Building Official Nire Marshall o Other Application Information Date Received: Deposit Paid ($400)*: Receipt No.: Case No.: Name of Appellant V,, II ~ l-t .......'P~ H-vA Home Address: I ~ '3 S La... 1€ ~ fP n::L. Phone No. ilJJ eo y -t-e-. J 4-2~~710 2 GII. cr~ - Business Address: Project Address: 3 l.f I ~a.lo ~Ir S ~ prOjectDescriPtion:'O'r!t.y ~~ 3 -s{.o'ctes/ l ~bo(< ih "8ev~S. (Example: New residential or commercial, room addition, TI, etc.) ~-2G-09 Date t- Compliance with Americans \.'.lith Disabilities Act The ~ of Chuta Vista, in compliance with the Americans with Disabilities Act (ADA), asks individuals who require special accommodation to access, attend, and/or participate in a City meeting, activity, 01 service, to request sudl accommodation at least forty-eight hours in advance for meetings and five days in advance for sdleduled services and acti-:ties. Please call (619) 691-5272 x3510. 276 FOURTH AVENUE, CHULA VISTA, CA 91910 (619) 691-5272 . @ Nd;.r,oncJ l~.{O ~ 1 MEMORANDUM Notice of Determination May 22, 2009 TO: Jim Sandoval, City Manager ~ Rick Hopkins, Director of Public War" ._ David Miller, Deputy City Attorney I.. FROM: SUBJECT: Notice of Determination (Protest by Ultrasigns Electrical Advertising) Following a hearing today, May 22, 2009, regarding a bid protest submitted by Ultrasigns Electrical Advertising on May 13, 2009 (see Attachment A), we, hereby, conclude that there is no merit to the protest and request moving forward with a recommendation to award the design- build contract to Yesco (Young Electrical Sign Company) at the City Council meeting scheduled for March 26, 2009. SUMMARY OF EVENTS The City advertised a Request for Proposals (RFP) on March 6, 2009 for Design-Build Services for the Chula Vista Auto Park Sign (see Attachment B). This RFP was followed with Addendum #1 on March 12, 2009 (see Attachment C), Addendum #2 on March 19,2009 (see Attachment D), and Addendum #3 on April I, 2009 (see Attaclunent E). These addendums resulted from questions/requests for clarifications raised by the prospective tean1S prior to the RFP due date. The City received seven separate proposals in response to the RFP. Four mid-level managers from the Development Services and Public Works Departments were appointed by the City Manager to form the selection panel. These panel members were Gordon Day, Miguel Tapia, Janice Kluth, and Craig Ruiz. After review of the RFPs, the panel short-listed three teams for further consideration (see Attachment F). Interviews were scheduled and completed for the three teams on April 3, 2009. After deliberation, the panel recommended award to Yesco and proceeded to notify the second (FJouresco Lighting and Signs) and third (Ultrasigns Electrical Advertising) placing teams (see Attachment G). Subsequently, Ultrasigns Electrical Advertising filed a written protest regarding the selection process (see Attachment A). The contract award recommendation was pulled from the Council Agenda pending review of the matter. A Protest Hearing was conducted today, May 22, 2009. Mr. John Hadya, CEO and Mr. Ron Breen, Account Executive, represented Ultrasigns. David Miller, Deputy City Attorney, and Rick Hopkins, Director of Public Works presided. .. Jim Sandoval May 22, 2009 Page 2 CONCLUSIONS Ultrasigns highlighted three areas where they felt the RFP/selection process was mishandled by the City. I) In their written protest they asserted: "We feel that there are several indicators within the RFP guidelines, the three clarifications addendums and in the interview process that strongly suggest that a preferred design team and sign design was already pre-determined by City staff. The staff report again alludes to a pre-determined sign design and process." They restated this concern in the hearing and further complained that this pre- determination cost them tens of thousands of dollars in wasted efforts that could have been better spent on other endeavors. In post hearing deliberations, we reviewed the documents and interviewed two of the panel members and determined that in preparing the RFP, staff had sought information from the internet regarding display board sizes that were available. Daktronics, Inc., a manufacturer, had a display board size in their on-line catalogue that was used as a starting point for those bidding for the job to create tbeir proposals. Daktronics, Inc. was not used as the display source by tbe winning bidder; therefore, tbey bad no inberent advantage witb respect to any claimed proprietary design. Additionally, such information was freely available on the internet to any individual or firm seeking to source display boards. Finally, it appears that tbe Auto Park dealers had obtained a sample sign design from Graphic Solutions prior to this RFP process. In creating tbeir proposal, Ultrasigns used Graphic Solutions as their design team. Tbus, if any team had a competitive advantage, it would have been Ultrasigns, as tbeir designer bad previously consulted with tbe Auto Park dealers and would have bad a more thorougb understanding of what tbe Auto Park dealers were seeking in a sign. 2) "Throughout the Request for Proposal (RFP) there are inconsistent statements and referrals to the sections or attachments that are not applicable. The RFP appears to be copy and paste from other RFP's or SOQ's causing disjointed statements and misleading criteria that the respondent is to answer." Admittedly, tbe RFP had a numher of errors or gaps requiring clarifications. However, the addendum process and subsequent extensions to tbe RFP due date dealt effectively with these problems. Tbere were seven teams that ultimately submitted proposals with no other teams submitting protests or additional concerns. 3) In the Protest Hearing, Ultrasigns indicated that the interview scoring criteria did not consider "project cost" which should be a prominent factor in a team selection. They also felt that several of the scores were clearly erroneous and insulting when you consider the experience and accOI11plishments of the Ultrasigns team. Subsequent to tbe hearing, we reviewed tbe scoring criteria with two members of the selection panel. We find that "project cost" was a significant consideration in the initial scoring where the tbree finalist teams were short-listed from tbe original seveu (see Attachment F). As the three finalists all submitted bids within a range acceptable to tbe Jim Sandoval May 22,2009 Page 3 selection panel, the subsequent interview process focused on different and more subjective criteria (see Attachment G) to determine which team appeared to be a better "fit" to work with the City on the project. Though Ultrasigns received relatively low scores, which the U1trasigns team considered an insult, the panel members report that they believe that all three of the finalist teams were capable of performing the work. Ultimately, however, it was a unanimous decision that the Yesco team outshined the others during the interview process. SUMMARY OF FINDINGS The gaps and errors in the RFP are pointedly illustrated by the need for three addenda. It was cumbersome and inefficient, but in the end, is not a reason to reject the process. Project cost was an important criteria in the overall selection process, but was not the determinative factor in the final selection. We regret that there WaB a sense and/or suspicion of pre-detennination by at least one of the competing teams. However, we can find no basis supporting this notion and recommend proceeding with award to Yesco as recommended by the appointed Selection Panel. ATTACHMENTS A. Protest Letter B. Request for Proposal C. Addendum] D. Addendum 2 E. Addendum 3 F. Short Listing G. Finalists cc: Gordon Day; Project Manager Ron Breem, Ultrasigns ~1 MAY 26,2009 MAYOR COX CITY OF CHULA VISTA COUNCILMEMBER'S AL THOUGH I AM UNABLE TO ATTEND TONIGHT I WANTED TO EXPRESS MY OPINION OF THE AUTO PARK "READER BOARD" SIGN BIDDING PROCESS AND OUTCOME. THE DEALERS HAVE BEEN KEPT INFORMED AS TO THE PROGRESS AND OUTCOME OF THIS PROJECT FROM THE OUTSET WE WERE ABLE TO REVIEW AND COMMENT ON THE REQUEST FOR BID AND THE THREE RESPONSES THAT WERE RECEIVED. WE FELT THAT THIS WAS A VERY OPEN AND FAIRLY ADMINISTERED PROCESS. I DID NOT FEEL THAT THERE WAS ANY PRESSURE TO SELECT ONE BID OVER ANOTHER AND WE ARE SATISFIED WITH THE OUTCOME OF THE SELECTION PROCESS I CANNOT SPEAK ON BEHALF OF ALL OF THE DEALERS IN THE AUTO PARK, HOWEVER, I AM NOT AWARE OF ANYONE WHO FEELS DIFFERENTLY WE LOOK FORWARD TO MOVING FORWARD ON THE DESIGN AND INSTALLATION OF THE SIGN IN A TIMELY MANNER. WE ALL FEEL THAT IT WILL BE A GREAT ASSET FOR THE AUTO PARK AND FOR CHULA VISTA. DOUGLAS G. FULLER PRESIDENT FULLER FORDIHONDNKIA ,.' Of Many Communities, One Chula Vista CHUlA VISTA CIVIC ASSOCIATION BOARD OF DIRECTORS Ed Herrera President Russ Hall Vice President Christopher Altbaum SccretZlry & Treasurer Alicia McGinnis BOJrdmcmber Penny Vaughn Boarclmember Ga ry Tillman Boarclmember Isabelle Espino Boardmcmber Camille Cowlishaw Boardmcmber Derrick Dudley Boardmember Timothy Barnes Floardmembcr George Little Boardmcmber Yyonne Mayfield Boarclmcmber Brittney Sullivan Boardmember www.chulavistacivicassoclatlon.org May 26, 2009 Dear Honorable Mayor & Council, The Chula Vista Civic Association is dedicated to bridging divides, generations, and communities, to engage in constructive dialogue, empowering the present and future generations to move Chula Vista forward, together as one Chula Vista. Now, more then ever before in our city's history must we work together to bring reform to City Hall. In order to assist this Mayor & Council, the Chula Vista Civic Association has announced the "Reform Chula Vista" agenda comprised of responsible and feasible proposals that encourage fiscal responsibility, economic development and safeguard first responders in public safety. The road toward budget reform may be difficult but is not a lonely one. We stand ready to support our Mayor & City Council in its expedition of these proposals. On behalfofthe Chula Vista Civic Association and its Board of Directors, we respectfully ask for your due consideration and support for the proposals. Yours in service, ~ President Russ Hall Vice President Contact us: in fo@chulavistacivicassociation.org (w) 619 271 5214 \VWIN .chu I a vi stacivi cassoc i alion. Ofg Reform Chula Vista Agenda I May 26, 2009 . Public Safety Fir-st Responde,' Budget Protection Policy: The top Council policy priority must be the budget protection of emergency first responders that compose our public safety personnel. The Chula Vista Civic Association herein referred to as CVCA, believes that the quintessential core service of municipal government is the health and safety of its citizens. Should this Council decide to allocate money elsewhere, it would have established an irresp.onsible policy precedent that may in fact lead to harming the safety of the citizens. . 10% Salary Reduction for Mayor, Council, and Depal.tment Executives: We support the concept of reducing the salaries of the Mayor, Council, and top level executives of the City by a minimum of 10%. If the need arises based on revised budget gap projections, the reductions should be increased to 15% CVCA feels that the city's leadership needs to take the lead in demonstrating to city personnel that the budget crisis is being felt at even the highest levels of our city. . Budget Review Committee: CVCA supports the immediate establishment of a blue ribbon committee comprised of two Council Members and five citizens charged with performing a "line item" budget review. The citizens selected ought to be professionals with accounting, finance, and banking experience. The review should be completed in no more than 60 days. . Elimination of Auto and Cellular Phone Allowances: All city auto and cell phone allowances should be eliminated unless they have a proven need related to emergency first response activity. . Pension Reform: Between 2002 and 2007, the city's annual pension costs have increased unsustainably by 400%. The employee's share covered by the city has increased by 11 1%. ln total, annual pension costs have increased by 595%, and accounted for 8.8% of general fund expenditures. (SDCTA Jan 26.2009) The CVCA believes, given our devastating financial crisis, it is ever more crucial that Mayor & Council work now towards pension reform which directs City employees pay their fair share of their retirement in order to safeguard our city's future. . WV,,'W ;chu IJ.vistaciv'j cas~ociation,()l'g Reform Chula Vista Agenda I May 26, 2009 . Independent Review on Employee Ove.1ime: CVCA supports the Chula Vista Ta,payers Association's recommendation: The issue of overtime has become a key fiscal concern for Chula Vista. According to the Union Tribune, thanks to abundant overtime firefighters "are guaranteed $91,000 or more a year" This arrangement has been accepted by the city as a way to avoid the greater expense of hiring additional new firefighters. This policy may indeed provide a net savings to the public. However due diligence requires that this argument be verified by a hard nosed outside source. The city should seek out a qualified outside individual with a track record for ma,imizing the efficient use of public safety and other city staff This person should be empowered to take a critical look at our overtime and other personnel policies to see if the city is utilizing its employees and compensating them in a way that works in the best interest of ta,payers. Personnel Expenses: CVCA is concerned that over 80% of the General Fund is locked in recurring city personnel costs. We recommend that the Council, with the City Manager and Finance Director determine what percentage of the General Fund this city can truly afford with dedicated personnel costs. Should the target level be at 75%, 70% etc.? Costs should be inclusive of emergency first responders as a personnel priority. . Business Sh'eamlining: CVCA encourages this Council to work closely with the Chula Vista Chamber of Commerce to develop proposals that will streamline business permits, development processing, and approvals at all levels of City government. Council is encouraged to hold public hearing inviting business owners to share their nightmare experiences in dealing with city codes, regulations and development processes. . Economic Development Plan Implementation: The Economic Development Strategic Plan that was voted into Council policy as of March 2003 requires immediate due process by staff Council needs to review the document if they have not done so and require staff to provide quarterly progress updates on the implementation of economic development strategies outlined in the Economic Development Strategic Plan. , '.:1 Bi~' I;;i '. "j <', ,,;, f~. til ":li!jt' , <'!'''''',ll'?''r. 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