HomeMy WebLinkAbout2009/10/27 Agenda Packet
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Cheryl Cox, Mayor/Chair
Rudy Ramirez, Council/Agency Member James D. Sandoval, City Manager/Executive Director
Mitch Thompson, Interim Council/Agency Member Sart Miesfeld, City Attorney/Agency Counsel
Pamela Sensoussan, Council/Agency Member Donna Norris, City Clerk
Steve Castaneda, Council/Agency Member
REGULAR MEETING OF THE CITY COUNCIL/SPECIAL MEETING OF THE REDEVELOPMENT AGENCY
October 27, 2009
4:00 p.m.
Council Chambers
City Hall- Building 100
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Council/Agency Members: Bensoussan, Castaneda, Ramirez, Thompson, and
Mayor/Chair Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE: RUDY G. GONZALEZ, MOBILEHOME RENT REVIEW
COMMISSION
. INTRODUCTION OF 34 SPANISH EXCHANGE STUDENTS FROM SALAMANCA
AND CIUDAD RODRIGO, SPAIN, BY LILIA MEZA, DIRECTOR AND
COORDINATOR OF THE ACADEMIC AND CULTURAL EXCHANGE PROGRAM
"EDUCACION SIN FRONTERAS" - SWEETWATER UNION HIGH SCHOOL
DISTRICT
. INTRODUCTION BY CITY MANAGER 11M SANDOVAL OF DIRECTOR OF
LIBRARY SERVICES, BETTY WAZNIS
CONSENT CALENDAR
(Items 1-8)
The Council will enact the Consent Calendar staff recommendations by one motion. without
discussion, unless a Councill'vfember, a member o[the public. or stafJrequests Ihal an item be
removedfor discussion. If you wish to opeakon one of these items. please fill out a "Request to
Speak" form (available in the lobb)~ and submit it 10 the City Clerk prior to the meeling. Items
pulled Fom the Consent Calendar will be discussed immediately following the Consent
Calendar.
1. APPROV AL OF MINUTES of the Special and Regular Meetings of June 23,2009.
Staff recommendation: Council approve the minutes.
2. RESOLUTION OF THE CITY COUNCIL OF TI-IE CITY OF CHULA VISTA
ORDERING THE SUMMARY VACATION OF A PORTION OF FIRST AVENUE
FROM NAPLES STREET TO PALOMAR STREET AND DIRECTING THE CITY
CLERK TO RECORD ALL DOCUMENTS REQUIRED WITH THE COUNTY
RECORDER
Staff is proposing the vacation of a portion of First Avenue from Naples Street to
Palomar Street that is no longer needed for street purposes since the construction of
improvements has rendered the subject portion of First Avenue excess right-ot:way.
Adoption of the resolution allows the excess right-of-way to be summarily vacated with a
reservation for utility easements. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL BIDDING PROCESS AND APPROVING A TWO-PARTY
AGREEMENT BETWEEN THE CITY OF CHULA VISTA, AND MARION B. BORG
ENVIRONMENTAL CONSUL TING SERVICES, RELA TED TO TI-IE
PREPARATION OF ENVIRONMENTAL DOCUMENTS AND THE
COORDINATION AND OVERSIGHT OF THE PREPARATION OF
ENVIRONMENTAL DOCUMENTS, ON BEHALF OF THE CITY OF CHULA VISTA
Adoption of the resolution approves a two-party agreement with Marion B. Borg
Environmental Consulting for environmental consulting services for a twenty-four month
period. The contract is for an amount not to exceed $100,000. (Deputy City
Manager/Development Services Director)
Staffrecommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DESIGN BUILD AGREEMENT WITH TELLlARD
CONSTRUCTION FOR THE DESIGN AND INSTALLATION OF SHADE
STRUCTURES AT ROHR PARK IN THE CITY OF CHULA VISTA, CALIFORNIA
(CIP NO PR301), AND AUTHORIZING TI-IE EXPENDITURE OF ALL AVAILABLE
CONTINGENCIES AS NECESSARY TO EXPEND ALL PROJECT FUNDS IN A
TIMEL Y MANNER
The existing gazebos at Rohr Park were installed in 1976. The roof structures associated
with these gazebos are made of wood and fiberglass that continues to deteriorate. These
gazebos are part of the City's shelter reservation system and are utilized often by park
users. (Director of Public Works)
Statf recommendation: Council adopt the resolution.
Page 2 - Council/RDA Agenda
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October 27,2009
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $3,280 FROM THE BUREAU OF JUSTICE ASSISTANCE, AND
APPROPRIA TING SAID FUNDS TO THE POLICE GRANT FUND FOR THE
BULLETPROOF VEST PARTNERSHIP (4/5THS VOTE REQUIRED)
The Police Department was recently notified by the Bureau of Justice Assistance of
approved funding for the Bulletproof Vest Partnership (BVP). Thc BVP funding will pay
for 50% of the cost of bulletproof vests for police officers. Matching funds are already
included in the Police budget. (Police Chief)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $23,180 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY,
AND APPROPRIATING $ I 7,385 TO THE POLICE GRANT FUND FOR THE CLICK
IT OR TICKET PROGRAM (4/5THS VOTE REQUIRED)
The California Office of Traffic Safety awarded $23,180 to the Police Department for the
Click It or Ticket Program. The goal of the California Click It or Ticket project is to
increase seat belt use statewide to 96% by September 30, 20 I O. (Police Chief)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $357,330 FROM THE UNITED STATES DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS BUREAU OF JUSTICE ASSISTANCE FOR THE
NEIGHBORHOOD PROSECUTION PROGRAM, APPROPRIATING $91,214 TO
THE FISCAL YEAR 2010 AMERICAN RECOVERY AND REINVESTMENT ACT
(ARRA) FUND, AND APPROPRIATING $10,000 FROM THE AVAILABLE
BALANCE OF THE STATE LAW ENFORCEMENT SUPPLEMENTAL FUND
(SLESF); AND ADDING ONE DEPUTY CITY ATTORNEY II AND 0.5 HE LEGAL
ASSISTANT TO THE AUTHORIZED POSITION COUNT OF THE OFFICE OF THE
CITY ATTORNEY (4/5TI-IS VOTE REQUIRED)
The Police Department received notice of a grant award in the amount of $357,330 from
the Office of Justice Programs' Bureau of Justice Assistance for the Neighborhood
Prosccution Program. This program will establish a Neighborhood Prosecution Unit
(NPU), consisting of one deputy city attorney and a part-time legal assistant, to improve
public safcty levels at Chula Vista apartment complexes and to engage in extensive
outreach with all stakcholders. (Police Chief/City Attorney)
Stal}, recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Page 3 - CouncillRDA Agenda
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October 27, 2009
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
mailer within the Council jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council ji-um discussing or taking action on any issue nut
included on the agenda, but, if appropriate, the Council may schedule the topicforfilture
discussion or refer the mailer to staff Comments are limited to three minutes.
ACTION ITEMS
The JtemM listed in this section of thc agcnda will be considercd individually by the
Council/Agency and are expected to clicit discussion and deliberation 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.
Joint City Council/Redevelopment Agency Item
8. CONSIDERATION OF APPROVAL OF FUNDrNG SOURCES FOR THE
DEVELOPMENT OF A 143-UNIT PROJECT FOR LOWER INCOME HOUSEHOLDS
Chelsea Investment Corporation and Brookfield Shea have proposed the development
and construction of a 143-unit affordable housing development for low- income
households, known as The Landings II within the Winding Walk master planned
community. Previously, the City approved a loan of $2.4 million from its HOME Funds
and considered a $2 million contribution from The Eastlake Company ("Eastlake") in
satisfaction of their affordable housing obligation for Eastlake III. With the current
financial market, the funding gap for the project has increased and Chelsea Investment
Corporation is requesting that the Redevelopment Agency of the City of Chula Vista
consider a pre-commitment of a $4 million loan from its Low and Moderate-Income
Housing Fund. Staff is also recommending that the Council amend an Agreement to Post
Security to receive the $2 million contribution from Eastlake. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council and Agency adopt the following resolution:
RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL
OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING A LOAN
FROM THE LOW AND MODERATE INCOME HOUSING FUND IN AN
AMOUNT NOT-TO-EXCEED $4,000,000, AND AMENDING AN AGREEMENT
TO POST SECURITY TO ALLOW THE EASTLAKE COMPANY, IN
SA TISF ACTION OF THEIR AFFORDABLE HOUSING OBLIGATION FOR
EASTLAKE Ill, TO PROVIDE THE CITY WITH FINANCIAL ASSISTANCE
FOR THE DEVELOPMENT OF A 143-UNIT PROJECT FOR LOWER-INCOME
HOUSEHOLDS, THE LANDINGS ]] AT WINDING WALK
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October 27, 2009
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
10. MAYOR'S REPORTS
II. COUNCILMEMBERS' COMMENTS
CLOSED SESSION
A nnouncements of actions taken in Closed Session shall be made available bv noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M Brown Act (Government Code 54957.7).
12. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b):
One Case.
ADJOURNMENT City Council and Redevelopment Agency: to the next regular meeting on
November 3, at 4:00 p.m. in the Council Chambers.
AIaterials provided to the City Council/Redevelopmenr Agency related to any open-session item
on this agenda are available jiJr public review at the City Clerk's Ojfice, located in City Hall at
276 Fourth Avenue, Building 100, during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of C/wla Vista requests individuals who require special accommodations to access,
attend. and/or participate in a City meeting, activity, or service, contact the City Clerk's OJfice
at (619) 691-5041 at least forty-eight hours in advance of the meeting.
Page 5 - Council/RDA Agenda
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October 27. 2009
DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
June 23, 2009
5:00 P.M.
A Special Meeting of the City Council of the City ofChula Vista was called to order at 5:03 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Bensoussan, Castaneda (arrived at 5:15 p.m.), McCann,
Ramirez, and Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, Assistant City Manager Tulloch, Economic
Development Manager Stone, Assistant Director of Redevelopment and
Housing Crockett, Human Resources Director Bacon, Real Property
Manager Ryals, Deputy City Attorney Maland, and City Attorney
Miesfeld
ACTION ITEM
Item I was removed from the agenda, and no action was taken.
1. IMPASSE PROCEDURE FOR MANAGEMENT, IF NECESSARY, FOR EMPLOYEE
ORGANIZATION IAFF LOCAL 2180
As part of the City's Budget Reduction Plan, the Fire Department in November 2008
developed a proposal to "brown out" the Urban Search and Rescue (USAR) company.
Management and Officials of IAFF Local 2180 have been negotiating in Meet and
Confer sessions concerning the Fire Department Proposal. The purpose of this action
shall be to identify and specify the issue or issues remaining in dispute.
Staff recommendation: Carry out an impasse procedure, if necessary, for IAFF Local
2180.
Mayor Cox recessed the meeting to convene In Closed Session at 5:05 p.m. to discuss the
following items:
CLOSED SESSION
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERt"lMENT CODE SECTION 54954.5(b)
Page I - Council Minutes
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June 23, 2009
DRAFT
CLOSED SESSION (Continued)
Property: 960-980 F Street; 685 Bay Blvd.; 955 Lagoon Drive; APN 760-
048-51-00
Negotiators: Denny Stone, Eric Crockett
. Negotiating Parties: Redevelopment Agency of the City of Chula Vista; City of
Chula Vista; Unified Port of San Diego
. Under Negotiation: Instruction to negotiators concerning terms
No reportable action was taken on this itcm.
3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon,
Bart Miesfeld, Maria Kachadoorian, Rod Betts
Employee organizations: IAFF, Chula Vista Mid-Managers/Professional
Association
No reportable action was taken on this item.
Mayor Cox recessed the Special Closed Session Meeting at 5:55 p.m. to convene the Regular
Council/Special Redevelopment Agency meeting in open session. At 9:29 p.m., Mayor Cox
reconvened the Special Closed Session meeting, with all members present.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54954.5(b)
Property: APN 595-450-39, 595-450-40, 595-490-14, 643-070-10, 644-080-
and 644-080-15
Negotiators: Jim Sandoval, Rick Ryals, Bart Miesfeld
Negotiating Parties: City ofChula Vista and San Diego County Water Authority
. Under Negotiation: Price and Terms of Payment
ACTION:
Council member Castaneda moved to authorize entry into negotiations with San
Diego County Water Authority. Councilmember Bensoussan seconded the
motion and it carried 5-0.
5. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9:
.
One Case
This item was not discussed.
Page 2 - Council Minutes
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June 23, 2009
DRAFT
ADJOURNMENT
At 9:35 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting of the City Council
~~------
/' Lorraine Bennett, CMC, Deputy City Clerk
Page 3 - Council Minutes
June 23, 2009
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DRAFT
MfNUTES OF A REGULAR MEETfNG OF THE
CITY COUNCIL AND A SPECIAL MEETING OF THE REDEVELOPMENT-AGENCY
OF THE CITY OF CHULA VISTA
June 23, 2009
6:00 P.M.
A Regular Meeting of the City Council and a Special Meeting of the Redevelopment Agency of
the City ofChula Vista was called to order at 6:09 p.m. in the Council Chambers, located in City
Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Council/Agency Members: Bensoussan, Castaneda, McCann, Ramirez,
and Chair/Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager/Executive Director Sandoval, City Attorney/Agency
Counsel Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DA Y
PRESENTATION OF A PROCLAMATION DECLARING SUPPORT FOR THE 2010
CENSUS TO PARTNERSHIP SPECIALISTS NAMPET PANICHPANT, LENA
LAFF AYE, AND PURIT A ANDREWS, AND EARLY LOCAL CENSUS OFFICE
MANAGER DANIEL MENDOZA, U.S. BUREAU OF THE CENSUS
Mayor Cox read the proclamation and Councilmember Castaneda presented it to representatives
of the U.S. Bureau of the Census.
. PRESENTATION OF A PROCLAMATION TO TRACY LAMB, EXECUTIVE
DIRECTOR OF THE CHULA VISTA OL YMPIC TRAfNING CENTER, DECLARfNG
JUNE 23, 2009, AS OL YMPIC DAY IN THE CITY OF CHULA VISTA
Mr. Lamb commented on the support by Mayor Cox and Mayors nationwide, of the bid to host
the 2016 Olympic Games in Chicago. Rebecca Kelley, representing the YMCA, thanked the
City and the Olympic Training Center for recognizing and supporting Olympic Day. Mayor Cox
read the proclamation, and Deputy Mayor McCann presented it to Mr. Lamb.
PRESENTATION OF THE "COOL CITIES AWARD" TO THE CITY, BY DON LEE,
CO-CHAIR OF THE SIERRA CLUB GLOBAL WARMING COMMITTEE,
RECOGNIZfNG THE CITY FOR ITS 17 YEARS OF LEADERSHIP fN
ADDRESSfNG CLIMATE CHANGE
Mr. Lee presented the award to Director of Conservation and Environmental Services Meacham
and Councilmember Bensoussan, who accepted it on behalf of the City. Director Meacham
thanked City staff for its work and the Councilmembers for past and current representation as
members of the International Council for Local Environmental Initiatives (ICLEI).
Page 1- Council/RDA Minutes
June 23. 2009
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DRAFT
CONSENT CALENDAR (City Council and Redevelopment Agency Items)
(Items 1-10)
Items 1,3, and 10 were removed from the Consent Calendar due to Councilmember abstentions.
1. This item was removed from the Consent Calendar.
2. A. RESOLUTION NO. 2009-145, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S
REPORT FOR FIRST AVENUE ASSESSMENT DISTRICT 2007-01
B. RESOLUTION NO. 2009-146, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND
ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT (5%) PER YEAR
AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO
THE DEFERRALS FOR FIRST A VENUE ASSESSMENT DISTRICT 2007-01
C. RESOLUTION NO. 2009-147, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL
ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2007-01,
AUTHORIZING THE PLACEMENT OF LIENS IN THE AMOUNT OF THE
ASSESSMENTS ON THE RESPECTIVE PROPERTIES, AND AUTHORIZING THE
COLLECTION OF THE ASSESSMENTS AT THE SAME TIME AND IN THE SAME
MANNER AS OTHER CITY PROPERTY TAXES AND ASSESSMENTS ARE
COLLECTED BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO
On December 4, 2007, the Council adopted Resolution No. 2007-272, certifying the
results of the public hearing and assessment district ballot tabulation, and ordered the
installation of improvements pursuant to the Improvement Act of 1913 (the "Block Act")
and Article xmD of the Constitution of the State of California. On May 20, 2008, the
Council adopted Resolution No. 2008-130 awarding a contract in the amount of
$1,158,627.22 for the improvements (Project STL-303) to MJC Construction, Inc. The
work is complete, and a resolution must be adopted to accept filing of the Engineer's
Report on the cost of construction, to approve the deferral of assessments, to establish the
rate of interest and financing period applied to deferrals for assessment, and to authorize
the collection of assessments on the County tax roll. (Director of Public Works)
Staffrccommendation: Council adopt the resolutions.
3. This item was removed from the Consent Calendar.
4. RESOLUTION NO. 2009-151, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A COUNCIL POLlCY AND
PROCEDURE FOR FRAUD IN THE WORKPLACE
The City of Chula Vista is committed to the proper use of public funds, safeguarding of
public assets entrusted to the City, conducting its business by adhering to the highest
ethical conduct, provide for the safeguarding of assets, and help deter and detect fraud
and other irregularities. This policy sets specific guidelines regarding actions that must
be followed for the investigation of suspected fraud and other irregularities. (Director of
Finance)
Staff recommendation: Council adopt the resolution.
Page 2- Council/RDA Minutes
June 23, 2009
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DRAFT
CONSENT CALENDAR (Continued)
5. RESOLUTION NO, 2009-152, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE
PAYMENT PLAN PROGRAM AGREEMENT WITH SHEA HOMES, L.P. FOR
TAPESTRY AT OTAY RANCH PHASE 4 AND ESTRELLA AT SAN MIGUEL
RANCH PHASE 4, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENTS ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK
TO RECORD LIENS AND THE AGREEMENTS WITH THE COUNTY RECORDER
OF THE COUNTY OF SAN DIEGO
The City ofChula Vista requires the payment of various processing, development impact,
capacity, and in-lieu fees to ensure new development mitigates its impact on public
facilities. The payment of these fees is a substantial commitment for many projects, and
spreading the payment of the fees over an extended period may assist in the development
of projects. In December 2008, members of the development community contacted the
City and requested an extended payment schedule program be considered. The ordinance
establishing a payment plan was approved by the City Council and became effective on
February 6, 2009. The Council has previously approved several payment plan
agreements pursuant to the ordinance. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2009-153, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $10,000 FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY, AND APPROPRIATING SAID FUNDS TO THE POLICE
GRANT FUND FOR THE "AVOID DUI" CAMPAIGN (4/5THS VOTE REQUIRED)
The Police Department is a participating agency in a regional effort to reduce alcohol-
involved fatalities and injuries and will be reimbursed on an overtime basis through grant
funds from the California Office of Traffic Safety. (Police Chief)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2009-154, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $15,000 FROM TI-IE CALIFORNIA OFFICE
OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE
GRANT FUND FOR THE DUI CORRIDOR SAFETY PROJECT (4/5THS VOTE
REQUIRED)
The Police Department is a participating agency in a regional effort to reduce alcohol-
involved fatalities and injuries on Interstates 5 and 805 in San Diego County and will be
reimbursed on an overtime basis through grant funds trom the California Office of
Traffic Safety. (Police Chief)
Staff recommendation: Council adopt the resolution.
Page 3- Council/RDA Minutes
June 23, 2009
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DRAFT
CONSENT CALENDAR (Continued)
8. RESOLUTION NO. 2009-155, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $1,600 FROM THE U.S. DEPARTMENT OF
HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE
FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE
(4/5THS VOTE REQUIRED)
Urban Area Security Initiative (UASI) funds address the unique equipment, training,
planning and exercise needs of large, high-threat urban areas and assist them in building
an enhanced and sustainable capacity to prevent, protect against, respond to, and recover
from acts of terrorism. The City of San Diego Office of Homeland Security, who
manages UASI funds for the region, has authorized the Police Department to use UASI
funds for training needs. (Police Chief)
Staffrecommendation: Council adopt the resolution.
9.A. RESOLUTION NO. 2009-2007, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $400,000 FROM
THE 2008 TAX ALLOCATION REFUNDING BONDS AS A REPAYMENT TO THE
GENERAL FUND AND APPLYING THOSE FUNDS TOWARDS IMPROVEMENTS
OF THE ANIMAL CARE FACILITY (4/5THS VOTE REQUIRED)
B. RESOLUTION NO. 2009-156, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT
PROJECT (CIP) ENTITLED "CONSTRUCTION OF SITE IMPROVEMENTS AND
RELOCATABLE TRAILERS AT THE ANIMAL CARE FACILITY (GG-207)";
APPROPRIATING $400,000 FROM THE GENERAL FUND; AMENDING THE
FISCAL YEAR 2009 CAPITAL IMPROVEMENT PROGRAM; AND APPROVING A
DESIGN BUILD AGREEMENT WITH MJC CONSTRUCTION CO. FOR THE
DESIGN AND CONSTRUCTION OF SITE IMPROVEMENTS AND RELOCATABLE
TRAILERS AT THE ANIMAL CARE FACILITY (GG-207) IN THE CITY OF
CHULA VISTA, CA (4/5THS VOTE REQUIRED)
On June 16, 2009, Council approved an agreement for the PIMA Medical Institute to
partner with the City of Chula Vista to expand and improve the Animal Care Facility.
Adoption of the resolution amends the Fiscal Year 2009 Capital Improvement Program,
establishes a new Capital Improvement Project, appropriates funds, and approves the
design build agreement with MJC Construction Co. (Director of Public Works)
Staff recommendation: Council and Agency adopt the resolutions.
10. This item was removed from the Consent Calendar.
ACTION:
Deputy Mayor McCann moved to approve staffs recommendations and offered
Consent Calendar Items 2, 4 5, 6 7, 8, and 9, headings read, text waived.
Councilmember Bensoussan seconded the motion and it carried 5-0.
Page 4- Council/RDA Minutes
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June 23, 2009
DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR
I. ORDINANCE NO. 2009-3131, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE 2716 TO UPDATE THE POGGI CANYON SEWER
BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS
WITHIN THE POGGI CANYON SEWER BASIN AS A CONDITION OF ISSUANCE
OF BUILDING PERMITS (SECOND READING AND ADOPTION)
The Poggi Canyon Gravity Sewer Basin Development Impact Fee was established on
November 25, 1997 to facilitate construction of the Poggi Canyon trunk sewer, which
was needed to serve properties within the Poggi Canyon Basin. Adoption of the
ordinance approves the tirst update to the fee, reducing the Poggi Canyon Sewer Basin
Development Impact Fee from $400 to $265 per Equivalent Dwelling Unit. This
ordinance was introduced June 16,2009. (Director of Public Works)
ACTION:
Councilmember Ramirez moved to adopt Ordinance No. 2009-313 I, heading
read, text waived. Council member Castaneda seconded the motion and it carried
4-0-1, with Deputy Mayor McCann abstaining due to a property-related contlict.
3. A. RESOLUTION NO. 2009-148, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2009/2010 FOR OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15,
17, 18,20,23,24,26,31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO.1
(ELMD # I), AND BAY BOULEVARD MAINTENANCE DISTRICT AND TI-IE
SPREAD OF ASSESSMENTS THEREIN; DECLARING TI-IE INTENTION TO LEVY
AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING
REGARDING THESE ASSESSMENTS
B. RESOLUTION NO. 2009-149, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2009/2010 FOR TI-IE OPEN SPACE MAINTENANCE DISTRICT NO.
I AND THE SPREAD OF THE ASSESSMENTS THEREIN; DECLARING THE
INTENTION TO LEVY AND COLLECT THE ASSESSMENTS, AND SETTING A
PUBLIC HEARING REGARDING THE ASSESSMENTS
C. RESOLUTION NO. 2009-150, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2009/2010 FOR THE TOWN CENTRE MAINTENANCE DISTRICT
AND THE SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION
TO LEVY AND COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC
HEARING REGARDING THE ASSESSMENTS
The City administers and maintains 36 open space districts and associated zones that
have been established over the last 30 years. The districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development. The City Council's approval of the levy is required by the first week of
August in order to meet the deadlines established by the County Tax Assessor. This item
allows for the assessment of currently approved levy amounts in order to ensure that the
County Tax Assessor deadlines are met for all 36 of the City's open space districts.
(Director of Public Works)
Page 5- CouncillRDA Minutes
June 23, 2009
/tS ~5
DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
ACTION:
Mayor Cox moved to approve Item 3A - Resolution 2009-148, heading read, text
waived. Councilmember Ramirez seconded the motion and it carried 5-0.
ACTION:
Council member Castaneda moved to approve Item 3B - Resolution 2009-149,
heading read, text waived. Councilmember Bensoussan seconded the motion and
it carried 4-0-1, with Deputy Mayor McCann abstaining due to a property-related
conflict.
ACTION:
Deputy Mayor McCann moved to approve Item 3C - Resolution 2009-150,
heading read, text waived. Councilmember Bensoussan seconded the motion and
it carried 4-0-1, with Councilmember Castaneda abstaining due to a property-
related conflict.
10. RESOLUTION NO. 2009-2008, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING AN APPROPRIATION
FOR REPAYMENT FROM THE MERGED PROJECT FUND TO THE GENERAL
FUND FOR ADVANCES IN AN AMOUNT ESTIMATED AT $900,000, BUT WILL
BE BASED ON AVAILABLE FUND BALANCE AT FISCAL YEAR END (4/5THS
VOTE REQUIRED)
The Redevelopment Agency (RDA) is requesting an appropriation in order to repay the
General Fund for advances the RDA has received in the past. Since the Redevelopment
Agency's inception, the General Fund has advanced $30.8 million to the Redevelopment
Agency as of the June 30, 2008 audited financial statements. The RDA has been unable
to repay the General Fund in the past due to fund balance deticits. The actual amount of
the repayment will be determined as part of the tiscal year end close to ensure that the
RDA doesn't fall into a deficit. (Director of Finance)
Chair Cox explained that Item 10 would require a four-fifths vote, but because of identified
property-related conflicts of interest for Agency Members McCann and Ramirez, the City
Attorney's Office sought the opinion of the Fair Political Practices Commission, and it was
determined that by drawing names, either Agency Member McCann or Agency Member
Ramirez would be able to participate and vote on the item. The draw by the City Clerk revealed
that Agency Member McCann would participate, and that Agency Member Ramirez would
abstain from voting on the item.
ACTION:
Agency Member McCann moved to approve Item 10 - Resolution 2009-2008,
heading read, text waived. Agency Member Bensoussan seconded the motion and
it carried 4-0-1, with Agency Member Ramirez abstaining.
PUBLIC COMMENTS
Earl Jentz, Chula Vista resident, requested that the City use tax increment money for areas in
which the money was generated.
Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association, requested that
the Council create a blue ribbon budget Committee, and pursue pension reform.
Page 6- Council/RDA Minutes
June 23. 2009
/13--0
DRAFT
PUBLIC COMMENTS (Continued)
Veronica Watkins, Chula Vista resident, requested that Council consider support of formation of
a local task force for smoke free multi-unit housing.
Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce,
announced the Chamber's annual golf tournament on July 24, 2009 to be held at the Salt Creek
Golf Club.
Carlos Lopez, Chula Vista resident, representing Communities Taking Action, stated the City
needed a better planning process for its future energy needs, and suggested avoiding placement
of energy facilities near residential communities. He then gave well wishes to Deputy Mayor
McCann for a safe deployment.
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
acknowledged Council members Ramirez and Bensoussan, and other groups and organizations
that supported the California Energy Commission's denial of the MMC peaker power plant
expansion. She then spoke in opposition to staff's proposed rezone of the Jade Bay Mobilehome
Park. She also recommended that the City seek compensation from the park owner for expenses
associated with hiring a bankruptcy attorney.
Diana Vera, Chula Vista resident, thanked Councilmembcrs Ramirez and Bensoussan, as well as
Assemblymcmber Salas and Congressman Filner tor their support of the California Energy
Commission's denial of the MMC peaker power plant expansion.
Ashley Campos, Chula Vista resident, representing Communities Taking Action, thanked
Councilmembers Ramirez and Bensoussan for their support of the California Energy
Commission's denial of the MMC peaker power plant expansion.
Hugo Ivan Salazar, Chula Vista resident, representing Communities Taking Action, thanked
Councilmembers Ramirez and Bensoussan for their support of the Calitornia Energy
Commission's denial of the MMC peaker plant expansion.
Willard Howard, Chula Vista resident, spoke in opposition to the City spending money on a
special election and on providing severance pay to a fired employee, while it could not afford to
pay for the Fourth of July fireworks. He also suggested that the Councilmembers not converse
with each other while speakers were speaking.
Jose Preciado, Chula Vista resident, suggested that the City consult with the community on
future projects, rather than with developers or others who contribute to campaigns. He also
stated that he hoped the Council would continue to advocate for the removal of the South Bay
power plant and to include the community in the process. With respect to the City's budget, he
spoke in opposition to the formation of a blue ribbon budget committee, stating that the five
Councilmembers elected by the community were sufficient to work on the City's budget. He
then wished Deputy Mayor McCann good luck on his upcoming military deployment.
Page 7- Council/RDA Minutes
June 23, 2009
/tS - 7
DRAFT
PUBLIC COMMENTS (Continued)
Isabelle Espino, Chula Vista resident, representing the Chula Vista Civic Association, thanked
Deputy Mayor McCann for his support of reform in the City, and for his service to the Country.
She stated that the reduced hours at the library on the East side of the City were inadequate.
PUBLIC HEARINGS
II. CONSIDERATION OF AMENDING CHAPTER XIV OF THE CITY'S MASTER FEE
SCHEDULE
On January 23, 2007, the City Council approved a comprehensive update to the Planning
and Building Department fee schedule. Included within the fee schedule is a $1,127 fee
to extend currently valid discretionary permits (e.g. design review and conditional use
permits). As part of the on-going development review process streamlining effort, as
well as an overall effort to assist in economic recovery, staff is proposing to establish a
limited review permit extension fee of $150 for currently valid discretionary permits.
(Deputy City Manager/Development Services Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
City Manager Sandoval explained that staffs proposal would lower fees on permit extensions to
assist small businesses.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Deputy Mayor McCann suggested removal of any obstacles for small businesses getting started.
Councilmember Bensoussan suggested getting the word out that more flexibility was being
offered to assist businesses.
ACTION:
Councilmember Castaneda moved to adopt the following Resolution No. 2009-
157, heading read, text waived:
RESOLUTION NO. 2009-157, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING CHAPTER XIV (PLANNING)
OF THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH A LIMITED
REVIEW FEE FOR DISCRETIONARY PERMIT EXTENSIONS
Councilmember Ramirez seconded the motion and it carried 5-0.
Page 8- CouncillRDA Minutes
jd-f
June 23, 2009
DRAFT
ACTION ITEMS
12. REPORT PROVIDING THE CITY'S INTENT TO GRANT A PERIOD OF TWO
YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE
SECTION 20903 FOR ALL LOCAL PUBLIC SAFETY FIRE EMPLOYEES (IF),
MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
(CALIPERS)
This verbal presentation provided information on, and gave notice of, the City's intent to
offcr an early retirement program to the City's Public Safety Fire Employees, pursuant to
Government Code section 7507. (Human Resources Director)
Human Resources Director Bacon presented the report. No action was taken by the Council on
this item.
13. CONSIDERATION OF APPROVAL BY THE REDEVELOPMENT AGENCY OF AN
AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND
DEVELOPMENT AGREEMENT
The Gateway Chula Vista Disposition and Development Agreement was approved June
6, 2000, for the development and operation of a phased First Class, First Quality mixed-
usc commercial/office projcct. The first and second phases have bccn realized, however,
the third and final phase will not meet the construction deadline of June 30, 2009. The
seventh amendment to the agreement provides for changes to reflect the current
anticipated construction timeframe for Phase III, and extends the Phase III completion
date to December 31, 2014. (Dcputy City Manager/Development Services Director)
Assistant Director of Redevelopment and Housing Crockett presented the proposed amendment
to the Disposition and Development Agreement.
The following members of the public spoke in favor of the proposed amendment:
Lisa Cohen, Chula Vista resident, representing the Chamber of Commerce
Reiner Leal, Chula Vista resident, representing Chula Vistans for Community Action
Tiffany Vinson, Chula Vista resident, representing Chula Vistans for Community Action
Michael Gorski, Chula Vista resident, representing Chula Vistans for Community Action
Paula Whitsell, Chula Vista resident, representing Chula Vistans for Community Action
Jose Cortes, Chula Vista resident
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
stated that she could support the extension of the agreement, but she spoke in opposition to
further payment by the City to the developer.
Ken Wright, Chula Vista resident, President, Northwest Civic Association, spoke in opposition
to the extension as it was currently written, and suggested that all the text related to an education
component be omitted since it was not indicated in the original document. He suggested adding
a limit to the number of amendments allowed. He also suggested that the City show the public
how the tax increment funding was being used.
Page 9- CouncillRDA Minutes
June 23, 2009
/6 -j'
DRAFT
ACTION ITEMS (Continued)
Richard 0' Ascoli, San Diego resident, representing the Chula Vista Chamber of Commerce and
the Chula Vista Redevelopment Advisory Committee, spoke in support of the proposed
amendment.
The following members of the public did not wish to speak, but submitted speaker slips in
support of the proposed amendment to the Disposition Development Agreement:
Dan Rosenberg, San Diego resident
Tom Axson, San Diego resident
Jim Reid, Santee resident
Chris Greenlee, San Diego resident
Sam Mendoza, Chula Vista resident
Juan Pablo Mariscal, Del Mar resident
Cecilia Mejia, Chula Vista resident
Gaby Reyes, representing Chula Vistans for Community Action
Gabe Gutierrez, Chula Vista resident, representing Chula Vista for Community Action
Chair Cox commented that the addition of an educational component was purposeful, since
people seeking an education typically find better jobs in the end, and during their free time,
would have access to visit local restaurants and amenities.
Agencymember Ramirez commented that it would be helpful if staff engaged the community
about Redevelopment, examining its successes and failures, and to look at progression for future
redevelopment in the City.
ACTION:
Chair Cox moved to adopt the following Redevelopment Agency Resolution No.
2009-2009, heading read, text waived:
RESOLUTION NO. 2009-2009, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE SEVENTH
AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND
DEVELOPMENT AGREEMENT (DDA)
Agencymember Castaneda seconded the motion and it carried 5-0.
14. CONSIDERATION OF APPROVAL OF THE UNIVERSITY VILLAGES
PROCESSING AGREEMENT AND AUTHORlZATION FOR THE CITY
ATTORNEY'S OFFICE TO RETAIN OUTSIDE LEGAL COUNSEL TO ASSIST IN
THE LEGAL WORK FOR THE UNIVERSITY VILLAGESIUNIVERSITY AND
REGIONAL TECHNOLOGY PARK PROJECT
In April and May of 2008, the City entered into two separate Land Offer Agreements
("LOAs") with two separate landowners/developers ("Developers") in order to secure
land for a University and Regional Technology Park which is envisioned in the Chula
Vista General Plan. The LOAs generally provide each Developer the opportunity to
develop a maximum of 13,400 dwelling units combined between both ownerships
(referred to collectively as the "University Villages Project" or "Project") in exchange for
approximately 210 acres of land being conveyed to the City by the Developers for the
City's use in ultimately implementing the University and Regional Technology Park.
(City Attorney)
Page 10- Council/RDA Minutes
/13-/tJ
June 23, 2009
DRAFT
ACTION ITEMS (Continued)
City Attorney MiesfeId presented his recommendation to the Council to retain the firm of
Norton, Moore, Adams, LLP, to assist in the legal work for the project. He then spoke about Ms.
Moore's extensive experience and previous work with the City Attorney's office, representing
the City on all of its land use maters from 1995 to 2008.
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
spoke in favor of retaining the law firm of Norton, Moore, Adams, LLP, but questioned how the
City could afford to pay for the services. City Attorney Miesfeld responded that the developers
would pay the fees.
ACTION:
Deputy Mayor McCann moved to adopt the following Resolution Nos. 2009-158
and 2009-159, heading read, text waived:
A.
RESOLUTION NO. 2009-158, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE UNIVERSITY VILLAGES
PROCESSING AGREEMENT
RESOLUTION NO. 2009-159, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING THE CITY ATTORNEY'S
OFFICE TO RETAIN OUTSIDE LEGAL COUNSEL TO ASSIST IN THE
LEGAL WORK FOR THE UNIVERSITY VILLAGES/UNIVERSITY AND
REGIONAL TECHNOLOGY PARK PROJECT, AND AUTHORIZING THE
CITY ATTORNEY TO ENTER INTO THE REQUISITE LEGAL SERVICES
AGREEMENTS AND ANY AMENDMENTS THERETO
B.
Councilmember Castaneda secondcd the motion and it carried 5-0.
OTHER BUSINESS
15. CITY MANAGER'S REPORTS
City Manager Sandoval provided a report on the Nature Center, stating that on June 18, 2009, he
rcceived a Lctter of Agreement from the Friends of the Nature Center that included its
commitment to continue to work with the City and a check for $75,000 to the City, to sustain the
Nature Center through December 31, 2009. He stated that staff was working towards a
Memorandum of Understanding with the Nature Center to establish it as a non-profit
organization.
16. MAYOR'S REPORTS
Mayor Cox recognized and congratulated Chula Vista Police Department's Otlicers Jessica
Severance and Andrca Longoria, who won first and second place, respectively, in the recent
"'Battle of the Badges" regional boxing tournament. She reported that on June 24, 2009, Chula
Vista Police Department would be hosting "Motor Day," working with County Law
Enforcement agencies to enforce vehicle codes within the City. She stated that one more day
remained for donations to the San Diego National Bank, located on Eastlake Parkway, for book
donations to help raise money for the Make a Wish Foundation. She announced the upcoming
"Rohr then, Goodrich now" pre-centennial fundraiser on Sunday, August 2, 2009, at Goodrich
Aerostructures, with an ice-cream social and viewing of the Drop Hammer.
Page 11- Council/RDA Minutes
/6---11
June 23. 2009
DRAFT
17. COUNCILMEMBERS' COMMENTS
A. Councilmember Ramirez:
Consideration of a report from the Chargers Subcommittee, and possible disbandment of the
Chargers Subcommittee.
Councilmember Ramirez asked if the Chargers Subcommittee could provide a report. Deputy
Mayor/Subcommittee Member McCann requested that the members of the public wishing to
address the item be heard prior to the report.
Jose Preciado, Chula Vista resident, spoke in favor of disbanding the Chargers Subcommittee.
He suggested instead, that focus be placed on the Chula Vista land swap, removal of the South
Bay Power Plant, and passage of the Environmental Impact Report for the bayfront.
Mavor Cox noted written communication received on the dais from Jim Peterson, dated June 23,
2009, with a request to retire the stadium committee.
Deputy Mayor McCann provided the Council with a handout and report by the San Diego
Chargers Relocation Subcommittee meeting of June 8, 2009, explaining the potential benefits of
a stadium in the City.
Councilmember Castaneda commented that he had not indicated his support or opposition to a
stadium in the City, but owed it to the community to address its questions on the matter. He
further stated that should there be a proposed stadium site at the current power plant location,
that the City could take a position on the matter, although the land was Port property. With
respect to Councilmember McCann's upcoming military deployment, he spoke in favor of
matters concerning the Chargers be brought before the full Council. City Manager Sandoval
added that the two key issues to address on the matter would be I) financing for the
development, and 2) removal of the South Bay Power Plant.
Council member Bensoussan stated she wanted to dispel any myths about the Chargers. She
stated that it was a myth that building a Chargers stadium would cause the South Bay Power
Plant to be decommissioned. She clarified that the Council had made no decisions about the
Chargers. She spoke in favor of suspending the Chargers Relocation Subcommittee.
Councilmember Ramirez commented on the rationale for bringing the matter forward, stating
that it had created a degree of unnecessary stress in the community with mixed signals being sent
to the Port of San Diego, and concerns that the City was not clearly communicating its vision for
the bayfront. He commented that his motivation to address the matter was to seek improved
mechanisms for dealing with the issues, and to be clear on matters related to the power plant site.
He noted that his intention was not to close the door on the Chargers, but to find better ways to
communicate and address the subject. He suggested that Chargers enthusiasts join regionally to
seek a funding method for the Chargers. He then suggested addressing the status of the
subcommittee at a later time.
Page 12- Council/RDA Minutes
/6-/~
June 23, 2009
DRAFT
COUNCILMEMBER COMMENTS (Continued)
Mayor Cox clarified that her immediate goal for the bayfront was to see certification of the
Environmental Impact Report by the Port, which would thcn make the City eligible for economic
stimulus funding. She suggested that the Chargers come back with a proposal with ways to fund
a stadium project and what land would bc needed. She suggested that in consideration of
Councilmember McCann's impending military deployment, that any mattcrs regarding proposals
by the Chargers come to the full Council.
B. Deputy Mayor McCann:
Considcration of Council budgets.
Deputy Mayor McCann stated that he would leave notes for the Interim Council appointee
regarding the Council budgets.
Council member Castaneda spoke about the success of the "Battle of the Badges" boxing event
and gave gratitude to the Latino Police Ofticers Association, Barona Casino, the Youth Athletic
Council, and other participating organizations, for their work with the event. He also recognized
the comraderie displayed by the many regional law enforcement agencies that participated in the
event and raised money for at-risk youth. He thanked Deputy Mayor McCann for his military
service, and wished him well on his deployment.
Councilmember Bensoussan announced the recent opening of the Talavera Azul Restaurant that
offered nighttime dining, and she urged the community to support local dining. She wished
everyone a happy Fourth of July, and wished Deputy Mayor McCann success in the next chapter
of his life.
Councilmember Ramirez extended appreciatIOn on behalf of his family to Deputy Mayor
McCann for his sacrifice related to his upcoming deployment, recognizing the impacts on Mr.
McCann's family, and offered prayers for a speedy, safe return and any assistance to the
McCann family during his absence.
Deputy Mayor McCann commented on his orders to report for active duty, expressing his pride
in scrvice. He thanked his colleagues for their kind words, the community for its well wishes,
and thanked City employees. I-Ie spoke of his optimism about the City's future, and stated that
he would be working with the City Attorney on the process for options to appoint an Interim
replacement to serve in his absence. I-Ie lookcd forward to returning to his seat upon his return,
and moving things forward for the City.
Mayor Cox wished Dcputy Mayor McCann well on his deployment and a safe return.
Mayor Cox announccd that the Council would reconvene in closed session to discuss Item 4 as
posted on the June 23, 2009 Special Meeting agenda.
Page 13- Council/RDA Minutes
June 23, 2009
//.3-;3
DRAFT
ADJOURNMENT
Mayor Cox adjourned the meeting at 9:16 p.m. to reconvene the Special Meeting of the City
Council in closed session.
~~
Lorraine Bennett, CMC, Deputy City Clerk
Page 14- Council/RDA Minutes
//.8 ./~
June 23, 2009
CITY COUNCIL
AGENDA STATEMENT
~(f~ C1TYOF
.4= (HULA VISTA
ITEM TITLE
SUBMITTED BY:
REVIEWED BY:
10/27/09, Item "L
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF A
PORTION OF FrRST A VENUE FROM NAPLES STREET TO
PALOMAR STREET AND DIRECTING THE CITY CLERK TO
RECORD ALL DOCUMENTSZi REQU. ED WfTH THE COUNTY
RECORDER
DIRECTOR OF PUBLIC WORK ,y ~
ASSISTANT DIRECTOR OF EN 'R:~
CITY MANAGE~ _
ASSIST ANT CIT;~~NAGER ":>)
4/5TIIS VOTE: YES 0 NO JZ:j
SUMMARY
Staff is proposing the vacation of a portion of First Avenue from Naples Street to Palomar Street
that no longer is nceded for street purposes becausc the construction of new curbs, gutters and
sidewalks has rendered the subject portion of First A venue exccss right-of-way. The proposed
action would allow the exccss right-of-way to be summarily vacated with a reservation for utility
easements.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed action for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed action
qualifics for a Class 5 categorical exemption pllfSltant to Section 15305 (Minor Alteration in
Land Use Limitations) of the State CEQA Guidelines because the vacation of excess right-of-
way will not result 111 any changes in land use or density. Thus, no further environmental review
IS necessary
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
2-1
10/27/09, Item~
Page 2 of 2
DISCUSSION
During the design of the Capital Improvement Project for First Avenue street improvements
(STU03), it became apparent to staff that there is excess right-of-way along both the westerly
and easterly sides of First Avenue. Currently, the right-of-way width for First Avenue between
Naples and Palomar is 80 feet; however, the completed improvements only require a 60-foot
right-of-way width, which is more consistent with the needs and uses of that neighborhood.
City staff has notified the utility companies of the proposed vacation along First Avenue. Staff
received no objections from utility companies, except that SDG&E and AT&T have requested
an casement reservation within the area proposed for vacation.
In accordance with Section 8334 of the California Streets and Highways Code, the legislative
body ofa local agency may summarily vacate any of the following:
(a) An excess right-of-way of a street or highway not required for street or highway
purposes.
(b) A portion of a street or highway that lies within property under one ownership and that
does not continue through such ownership or end touChlllg property of another.
The 10 feet of excess right-of-way along both the westerly and easterly sides of First Avenue
between Naples and Palomar is no longer needed and thus qualifies for summary vacation
pursuant to Section 8334(a), as cited above. This summary vacation, as proposed, will reserve
an casement for public utilities as requested by SDG&E, and AT&T as well as a small drainage
easement for the benefit of an existing City drainage facility. The proposed vacation is described
in Attachment I
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember Ramirez has property holdings within 500 feet of the boundaries of the
property, which is the subject of this action.
CURRENT FISCAL IMPACT
There is no Impact to the General Fund as there arc sut1icient fund in the existing CIP, STU03,
necessary to complete the project.
ON-GOING FISCAL IMPACT:
None.
ATTACHMENTS
I. Plats showing proposed vacation
Prepared by: Boushm Salem, P.E., Senior Civil Engineer, Puhlic Works DeparrmeJlt
J:\Gcnernl Scrvices\Design\AlI Projects\STL\STLJ03 first Avt: (AD07-0l)\ROW Vacntion\CAS.doe
2-2
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SHEET 1 OF 17
KEY MAP
EXHIBITS "A-1" THRU "A.8" &
EXHIBITS "B-1" THRU "B-8"
STREET VACATION
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'A-1' AND 'B-1'
NO SCALE
~~ft.. CITY OF CHULA VISTA
~ PUBLIC WORKS, ENGINEERING
276 FOURTH AVENUE
OIYOf CHULA VISTA, CA 91910
0iUIA VISrA (619) 476.2301
/1:>
DATE
ALE NO. S11. 303
10/08/2009 10: <18: 26 AM PDT
EXHIBIT "A-1"
SHEET 2 OF 17
STREET VACATION
CITY OF CHULA VISTA
APN'S 619-151-01 THRU 10
THE VACI\TION OF A PORTION OF THE EXISTING 40 FOOT RIGHT-OF-WAY OF FIRST AVENUE,
AS ACCEPTED AND SHOWN ON MAP THEREOF NO. 2646, COUNTRY CLUB MANOR UNIT NO.3,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 11,
1950, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF Cl\UFORNlA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B-1" - SHEET
3 ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT:
THE EASTERLY 10 FEET OF SAID RIGHT-OF-WAY TERMINATING NORTHERLY AT AN
INTERSEmON WITH A PROLONGATION OF THE NORTHERLY BOUNDARY OF LOT 55 OF SAID
MAP AND TERMINATING SOUTHERLY AT AN INTERSEmON WITH A PROLONGATION OFTHE
SOUTHERLY BOUNDARY OF LOT 64 OF SAID MAP.
EXCEPTING THEREFROM ALL LAND LYING NORTHWESTERLY OF A 20 FOOT RADIUS CURVE,
CONCI\VE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 90002'24" AND AN ARC LENGTH
OF 31.43 FEET, AND TANGENT TO A PROLONGATION OF THE NORTHERLY BOUNDARY OF LOT
55 OF SAID MAP AND THE WESTERLY BOUNDARY OF THE HEREINABOVE DESCRIBED
VACI\TION.
RESERVING A DRAINAGE EASEMENT 20 FEET WIDE, LYING 10 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
A PROLONGATION OF THE SOUTHERLY BOUNDARY OF LOT 62 OF SAID MAP, ALSO BEING THE
NORTHERLY BOUNDARY OF LOT 63 OF SAID MAP, TERMINATING AT THE WESTERLY
BOUNDARY OF THE HEREINABOVE DESCRIBED VACI\TION.
THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS TO
TERMINATE AT THE EASTERLY AND WESTERLY BOUNDARIES OF THE HERINABOVE
DESCRIBED VACI\TION.
CONTAINING 6,210 SQUARE FEET (0.14 AC.), MORE OR LESS.
~,~ CITY OF CHULA VISTA
~ PUBLIC WORKS. ENGINEERING
~ 276 FOURTH AVENUE
(JlY Of CHULA VISTA. CA 91910
mULA VISl'A (619) 476.2301
DATE
RLE NO. S11. -303
O:\5DSKPROJ\SlUOJ\Dro..,\Design\STl.-JOJ Slw:t Var:olicins (Mop 2646j.dwg 10/08/2009 /0:41:15 All PDT
2-4
EXHIBiT "1B-1" N
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CllY OF CHUlA VISTA
PUBliC WORKS. ENGINEERING
275 FOURTH AVENUE
CHULA VISTA, CA 91910
(519) 475-2301
LEGEND
GRAPHIC SCALE
o 40 60
~~,J--- -l
SCALE: 1" = 80'
.s.'~
~
OIY Of
OlUIA VISTA
l\ \ \ \ \ \ \ \ \\1 LIMITS OF STREn VACATION
_ _.- _ _ EXISTING CEN7ERUNE
E ISTlNG LOT UNE PER MAP
SHEET 3 OF 17
+ +
"
DATE
FILE NO, Sn. -JOJ
0: \SOSKPROJ\5T1.J Orolr\Do!sign\Sll.-JOJ Sfteel Vacations (Mop 2646),dwg /0/08/2009 9;!l1: 17 AM PDr
EXHIBIT "A-2"
SHEET 4 OF 17
STREET VACATION
CITY OF CHULA VISTA
APN'S 619-201-15 THRU 17
THE VACATION OF A PORTION OF THE EXISTING 80 FOOT RlGHT-OF-WAY OF FIRST AVENUE,
AS SHOWN AND ACCEPTED ON MAP THEREOF NO. 505, QUARTER SECITON 120, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 13, 1888, IN THE
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B-2" - SHEET 5
ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT:
THE EASTERLY 10 FEET OF SAID RlGHT-OF-WAY TERMINATING NORTHERLY AT AN
INTERSECITON WITH A PROLONGATION OF THE NORTHERLY BOUNDARY OF THE NORTH 1/2
OF LOT 27 OF QUARTER SECITON 120 OF SAID MAP AND TERMINATING SOUTHERLY AT AN
INTERSECITON WITH A PROLONGATION OF THE SOUTHERLY BOUNDARY OFTHE NORTH 1/2
OF LOT 1'7 OF QUARTER SECITON 120 OF SAID MAP.
RESERVING A PUBUC UTIurv EASEMENT OVER THE ENTIRE VACATION.
CONTAINING 1,654 SQUARE FEET (0.04 AC.), MORE OR LESS.
0: \5DSXPROJ\STLJOJ\Oro",\D~sjgn\STL-JaJ Slreet Voce/ions {Mop 505 Lot 27).d"9 10/08/2009 1O:06:Jl AM PO
2-6
~I~
~
em Of'
OiUIA VISTA
CITY OF CHUL~ VISTA
PUBLIC WORKS. ENGINEERING
276 FOURTH AVENUE
CHUU\ VISTA. CA 91910
(619) 476-2301
DATE
FILE NO. STL-JOJ
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'\r-
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SCALE: 1" = 60'
LEGEND
l\ \ \ \ \ \ \ \ \ \I liMITS or STREET VACATION
- -.-- - -
[XISTlNG CENTERUNE
EX/STING LOT LINE PER MAP
EX/STING D[ED LINE
CITY OF CHULA VISTA
PUBLIC WORKS. ENGINEERING
276 fOURTH AVENUE
CHULA VISTA, CA 91910
(619)476-2301
/'" 7-
DATE
ALf NO. 5TL -303
0.. \SDSKPROJ\S'LJOJ\o(o,~\Oesi9n\Sn.-JOJ SfTtltI/ Vocation; (Map 505 tol 27),d1lf9 10/08/7009 10:06:Jl;'IM PDT
EXHIBIT "A-3"
SHEET 6 OF 17
STREET VACATION
CITY OF CHULA VISTA
APN'S 619-201-01 THRU 07
THE VACATION OF A PORTION OF THE EXISTING 40 FOOT RIGHT-OF-WAY OF ARST AVENUE,
AS SHOWN AND ACCEPTED ON MAP THEREOF NO. 2629, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 28, 1950, IN THE CITY OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B-3" - SHEET 7 ATTACHED HERETO
AND MADE A PART OF THIS DOCUMENT:
THE EASTERLY 10 FEET OF SAID RIGHT-OF-WAY TERMINATING NORTHERLY AT AN
INTERSECTION WITH A PROLONGATION OF THE NORTHERLY BOUNDARY OF LOT 34 OF SAID
MAP AND TERMINATING SOUTHERLY AT AN INTERSECTION WITH A PROLONGATION OF THE
SOUTHERLY BOUNDARY OF LOT 40 OF SAID MAP.
EXCEPTING THEREFROM ALL LAND LYING SOUTHWESTERLY OF A 20 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 90002'20" AND AN ARC LENGTH
OF 31.43 FEET, AND TANGENT TO A PROLONGATION OF THE SOUTHERLY BOUNDARY OF LOT
40 OF SAID MAP AND THE WESTERLY BOUNDARY OF THE HEREINABOVE DESCRIBED
VACATION.
RESERVING A PUBLIC UTILITY EASEMENT OVER THE ENTIRE VACATION.
CONTAINING 4,556 SQUARE FEET (0.11 AC.), MORE OR LESS.
O:\5DSKPROJ\SilJOJ\ fO \Design\Sn.-JOJ Sfr~er Vocations (Mop 2629).0"9 lO/08/Z009 1O:15:0B AU POT
2
/0
~\~
~
01Y Of
CHUlA VISTA
CITY OF CHULA VISTA
PUBLIC WORKS - ENGINEERING
276 FOURTH AVENUE
CHULA VISTA. CA 91910
(619) 476-2301
t l$ ________e A3rtri:;_~ .(_________ji~17
CURVE: TABLe I W
+ NO DELTA RADiUS LENGTH C, J
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~
GRAPHIC SCALE
r j" .~o
LEGEND
~ \ \ \ \ \ \ \ \ \ \1 LIMITS OF STR[[T VACATION
--~--
[X/STING C[NTmllN[
[X/STING LOT lIN[ pm MAP
[X/STING D[W lIN[
SCALE:
1" :: 80'
~.' i)
7 'Z.;Jv<"
DATE
FILE: NO. sn. -303
CITY OF CHULA VISTA
PUBLIC WORKS. ENGINEERING
276 FOURTH AVENUE
CHULA VISTA, CA 91910
(619) '76.2301
0: \SOSKPRDJ\STLJOJ\Olo,,\OI:.sign\STL-JOJ Slrut VeJCo/ions (Mop 2629).drrf} 10/08/1009 10:15:08 AM por
EXHIBIT "A-4"
SHEET 8 OF 17
STREET VACATION
CITY OF CHULA VISTA
APN'S 619-142-06 THRU 07, 619-142-09 THRU 13, 619-142-27 THRU 28
& 619-142-35
THE VACATION OF A PORTION OF THE EXISTING 80 FOOT RIGHT-OF-WAY OF FIRST AVENUE,
AS SHOWN ON MAP THEREOF NO. 1752, CASTLE PARK, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON APRIL 2, 1923 AND AS SHOWN AND ACCEPTED ON
MAP THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON MARCH 13, 1SSS, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON
EXHIBIT "B-4" - SHEET 9 ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT:
THE WESTERLY 10 FEET OF SAID RIGHT-OF-WAY TERMINATING NORTHERLY AT AN
INTERSECTION WITH A PROLONGATION OFTHE NORTHERLY BOUNDARY OF LOT 24, BLOCK
6, OF SAID MAP NO. 1752 AND TERMINATING SOUTHERLY AT AN INTERSECTION WITH A
PROLONGATION OF THE SOUTHERLY BOUNDARY OF LOT 13, BLOCK 6, OF SAID MAP.
EXCEPTING THEREFROM ALL LAND LYING NORTHEASTERLY OF A 10 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 90000'01" AND AN ARC LENGTH
OF 15.71 FEET, AND TANGENT TO THE NORTHERLY BOUNDARY OF LOT 24, BLOCK 6, OF SAID
MAP AND THE EASTERLY BOUNDARY OF THE HEREINABOVE DESCRIBED VACATION.
ALSO EXCEPTING THEREFROM ALL LAND LYING SOUTHEASTERLY OF A 10 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 90000'00" AND AN ARC
LENGTH OF 15.71 FEET, AND TANGENT TO THE SOUTHERLY BOUNDARY OF LOT 13, BLOCK 6,
OF SAID MAP AND THE EASTERLY BOUNDARY OF THE HEREINABOVE DESCRIBED VACATION.
CONTAINING 5,976 SQUARE FEET (0.14 AC.), MORE OR LESS.
/0
~l~ CITY OF CHULA VISTA
~ PUBLIC WORKS. ENGINEERING
~ 276 FOURTH AVENUE
CJlY Of CHULA VISTA. CA 91910
a-1UIA VISI'A (619) 476.2301
0: \SDSKPROJ\S72.JOJ\Dra
2-10
10/08/2009 10,45:13 AM PDT
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z:"I\()c) , CI 90.'0.0.:0.1:: W 15.71: j\;J A CP'}-JUrl::> L6J-\4 S _4o.'--t'
'- II t C2 90.0.0.0.0. 10. 15.71 -
" u.. l
rco<(m CJT Y OF VJS-r 1-\
~~~~ LEGEND
GRAPHIC SCALE f\ \ \ \ \ \ \ \\\1 LIMITS OF STREET VACATION
LJ-{
N
I
-'
-'
"
-"v--l ~ _1[_ _ _ _ _ _ FIR~;_"i
SCALE: 1" = 80'
~l~ CITY OF CHULA VISTA
~ PUBLIC WORKS - ENGINEERING
~ 276 FOURTH AVENUE
Oll'Of CHULA VISTA, CA 91916
CHU\A VISTA 16191476.2361
c,
~
c,
~
- -r-- - - EXISTING CENTERLINE
_______ EXISTING LOT LINE PER MAP
- EXISTING OEED LINE
"
O:\50SKPROJ\STl.JOJ\D(cw\D~stgll\STL-JOJ Sfteel VacotiOft5 (Atop IJS2),dwg 10/08/2009 10;17;54 /1M PDT
EXHIBIT "A-S"
SHEET 10 OF 17
STREET VACATION
CITY OF CHULA VISTA
APN'S 619-192-13 THRU 14,619-192-16 THRU 23 & 619-191-27
THE VACATION OF A PORTION OF THE EXISTING 80 fOOT RIGHT-Of-WAY Of FIRST AVENUE,
AS SHOWN ON MAP THEREOF NO. 1752, CASTLE PARK, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON APRIL 2, 1923 AND AS SHOWN AND ACCEPTED ON
MAP THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON MARCH 13, 1888, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON
EXHIBIT "B-5" - SHEET 11 ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT:
THE WESTERLY 10 FEET OF SAID RIGHT-OF-WAY TERMINATING NORTHERLY AT AN
INTERSECTION WITH A PROLONGATION OF THE NORTHERLY BOUNDARY OF LOT 24, BLOCK
7, OF SAID MAP NO. 1752 AND TERMINATING SOUTHERLY AT AN INTERSECTION WITH A
PROLONGATION OF THE SOUTHERLY BOUNDARY OF LOT 13, BLOCK 7, OF SAID MAP.
EXCEPTING THEREFROM ALL LAND LYING NORTHEASTERLY OF A 10 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 90000'01" AND AN ARC LENGTH
OF 15.71 FEET, AND TANGENT TO THE NORTHERLY BOUNDARY OF LOT 24, BLOCK 7, OF SAID
MAP AND THE EASTERLY BOUNDARY OF THE HEREINABOVE DESCRIBED VACATION.
ALSO EXCEPTING THEREFROM ALL LAND LYING SOUTHEASTERLY OF A 10 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 90000'00" AND AN ARC
LENGTH OF 15.71 FEET, AND TANGENT TO THE SOUTHERLY BOUNDARY OF LOT 13, BLOCK 7,
OF SAID MAP AND THE EASTERLY BOUNDARY OF THE HEREINABOVE DESCRIBED VACATION.
RESERVING A PUBLIC UTILITY EASEMENT OVER THE ENTIRE VACATION.
O:\SDSKPROJ\5TUOJ\Dro C$;g-1'I\512.-JOJ Slle~l Vacolion:; (Mop 175212).d>'tg 10/08/2009 10:45:58 AU PDT
2-12
CONTAINING 5,959 SQUARE FEET (0.t4 AC.), MORE OR LESS.
~l~ CITY OF CHULA VISTA
~ PUBLIC WORKS. ENGINEERING
276 FOURTH AVENUE
0lY 01' CHULA VISTA. CA 91910
CHUIA V1STA (619) 476.2301
'"
1
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I I MAN 0 Fl U N J -r J'\) o. 2 , LO-r 27 ,?}; ?};
I, CURVE TABLE M J-\ P 2 6 2 9 ,MJ.\P 505 , (\I
t f' NO. OELTA RAOIUS LENGTH ;~J-r \/ r:' r>' JU I I' \/J rfe' '1/4 SEC. ')20 t b:';
CI 90'00'0/' 10' 15.7" L- J 0 J u r ~ r\ !I S - 1.\ . -I ~
C2 90'00'00' 10' /5.71' LEGEND.2:
GRAPHIC SCALE
o 40 80
L__..H
SCALE: 1" = 80'
JOSE I GOMEZ, P.L.S. 7
LICE S EXPIRES 12/31/09
l\ \ \ \ \ \ \ \ \ \I
- -r-- --
LIMITS OF STREU VACATION
EXISTING CENTERLINE
EXISTING LOT LINE PER MAP
[XISTlNG DEED LINE
~'f?
~
an' Of
OlUIA VlSTA
CITY OF CHUlA V'STA
PUBLIC WORKS, ENGINEERING
276 FOURTH AVENUE
CHUlA VISTA. CA 91910
(619) 4T6.2301
'Zut;lV
,
,Co
DATE
FILE: NO. STL-JOJ
O:\SDSKPROJ\STLJOJ~ fo...\Design\STl.-JOJ Stleel Vo'~lions (Map 17SlJ]).d"'9 10/08/2009 lO:]5:4J AM PDr
EXHIBIT "A-6"
SHEET 12 OF 17
STREET VACATION
CITY OF CHULA VISTA
APN'S 619.250.36 THRU 39
THE VACATION OF A PORTION OF THE EXISTING 20 FOOT RIGHT-OF-WAY OF FIRST AVENUE,
AS SHOWN ANO ACCEPTED ON MAP THEREOF NO. 3825, COPELAND GLEN, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 26, 1958, IN THE
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B-6" - SHEET 13
ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT:
PARCEL "A"
THE WESTERLY 10 fEET Of SAID RIGHT-Of-WAY TERfvJINATING NORTHERLY AT AN
INTERSECTION WITH A PROLONGATION OF THE NORTHERLY BOUNDARY OF LOT 1 OF SAID
MAP AND TERMINATING SOUTHERLY AT AN INTERSECTION WITH A PROLONGATION OFTHE
SOUTHERLY BOUNDARY OF LOT 1.
EXCEPTING THEREFROM ALL LAND LYING SOUTHEASTERLY OF A 25 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 89057'43" AND AN ARC LENGTH
OF 39.25 FEET, AND TANGENT TO THE SOUTHERLY BOUNDARY OF LOT 1 OF SAID MAP AND
THE EASTERLY BOUNDARY OF THE HEREINABOVE DESCRIBED VACATION.
RESERVING A PUBLIC UTILITY EASEMENT OVER THE ENTIRE VACATION.
CONTAINING 1,350 SQUARE FEET (0.03 AC.), MORE OR LESS.
PARCEL "B"
THE WESTERLY 10 FEET OF SAID RIGHT-OF-WAY TERMINATING NORTHERLY AT AN
INTERSECTION WITH A PROLONGATION OF THE NORTHERLY BOUNDARY OF LOT 24 OF SAID
MAP AND TERMINATING SOUTHERLY AT AN INTERSECTION WITH A PROLONGATION OF THE
SOUTHERLY BOUNDARY OF LOT 24.
EXCEPTING THEREfROM ALL LAND LYING NORTHEASTERLY OF A 25 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 90002'18" AND AN ARC LENGTH
OF 39.29 FEET, AND TANGENT TO THE NORTHERLY BOUNDARY OF LOT 24 OF SAID MAP AND
THE EASTERLY BOUNDARY OF THE HEREINABOVE DESCRIBED VACATION.
~Ift.
~
O1'lOf CHULA VISTA. CA91910
OiUIA VISTA (619) 475-2301
CITY OF CHULA VlST A
PUBLIC WORKS - ENGINEERING
276 FOURTH AVENUE
(?
RESERVING A PUBLIC UTILITY EASEMENT OVER THE ENTIRE VACATION.
CONTAINING 1.362 SQUARE FEET (0.03 AC.). MORE OR LESS.
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SHEET 14 OF 17
STREET VACATION
CITY OF CHULA VISTA
APN'S 619-261.01,619.261.10 AND 619.261.11
THE VACATION OF A PORTION OF THE EXISTING RIGHT-OF-WAY OF FIRST AVENUE, AS
SHOWN ON RECORD OF SURVEY THEREOF NO. 1301, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON JULY 31,1946 AND AS SHOWN AND ACCEPTED ON
MAP THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON MARCH 13, 1888, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CAUFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON
EXHIBIT "B-7" - SHEET 15 ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT:
THE EASTERLY 10 FEET OF SAID RIGHT-OF-WAY TERMINATING NORTHERLY AT AN
INTERSECTION WITH A PROLONGATION OF THE NORTHERLY BOUNDARY OF LOT 3 OF
QUARTER SECTION 119 OF SAID MAP NO. S05 AND TERMINATING SOUTHERLY AT AN
INTERSECTION WITH A PROLONGATION OF THE SOUTHERLY BOUNDARY OF LOT 3 OF
QUARTER SECTION 119 OF SAID MAP.
EXCEPTING THEREFROM ALL LAND LYING NORTHWESTERLY OF A 10 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 90000'00" AND AN ARC LENGTH
OF 15.71 FEET, AND TANGENT TO THE NORTHERLY BOUNDARY OF LOT 3 OF QUARTER
SECTION 119 OF SAID MAP AND THE WESTERLY BOUNDARY OF THE HEREINABOVE
DESCRIBED VACATION.
RESERVING A PUBLIC UTILITY EASEMENT OVER THE ENTIRE VACATION,
CONTAINING 2.889 SQUARE FEET (0.07 AC.). MORE OR LESS.
D:\SDSKPROJ\STLJDJ o...\Dc:s-ign\51l-JOJ Street Voc;of,'cns (RDS IJ01).cf..g 10/08/2009 IO:J6:16 AU por
2- 6
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CHUlA VlSIi\ (619) 476-2301
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PUBLIC WORKS - ENGINEERING
276 FOURTH AVENUE
7
DATE
RLE NO. STL-JOJ
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FILE NO. STl-JOJ
EXHIBIT "A-S"
SHEET 16 OF 17
STREET VACATION
CITY OF CHUlA VISTA
APN'S 619-261-17,25,32,45 & 47 AND 619-270-01
THE VACATION OF A PORTION OF THE EXISTING RIGHT-OF-WAY OF FIRST AVENUE, AS
SHOWN AND ACCEPTED ON MAP THEREOF NO. 505, QUARTER SECTION 119, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 13, 1888, IN THE
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B-8" - SHEET 17
ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT:
THE EASTERLY 10 FEET OF SAID RIGHT-OF-WAY TERMINATING NORTHERLY AT AN
INTERSECTION WITH A PROLONGATION OF THE NORTHERLY BOUNDARY OF LOT 6 OF
QUARTER SECTION 119 OF SAID MAP NO. 505 AND TERMINATING SOUTHERLY AT AN
INTERSECTION WITH A PROLONGATION OF THE SOUTHERLY BOUNDARY OF THE LOT
DESCRIBED IN DEED FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON OCTOBER 21, 2008 AS DOCUMENT NO. 2008-0548454, O.R.
RESERVING A PUBLIC UTILITY EASEMENT OVER THE ENTIRE VACATION.
CONTAINING- 3,918 SQUARE FEET (0.09 AC.), MORE OR LESS.
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2-1
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CHULA VISTA. CA 91910
(6191476.2301
0: \SDSKPROJ\STl.JOJ\Dro...\Des;gn'
10/08/2009 10:10:28 AU por
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF
A PORTION OF FIRST AVENUE FROM NAPLES STREET TO
PALOMAR STREET AND DIRECTING THE CITY CLERK TO
RECORD ALL DOCUMENTS REQUIRED WITH THE
COUNTY RECORDER
WHEREAS, the portion of First Avenue to be vacated from Naples Street to Palomar
Street is no longer needed for street purposes because the construction of new curbs, gutters and
sidewalks Improvement Project STL303; and
WHEREAS, the portion of First A venue to be vacated is from Naples Street to Palomar
Street and is within the Capitol Improvement Project area of the First Avenue Street
Improvement Project (STL303); and
WHEREAS, currently, the right-of-way width for First Avenue between Naples Street
and Palomar Street is 80 feet; however, the completed improvements only required a 60-foot
right-of-way width, which is more consistent with the needs and uses of that neighborhood; and
WHEREAS, Chapter 4, Section 8334(a) of the California Streets and Highways Code
states that the legislative body of a local agency may summarily vacate excess right-of-way if it
is no longer needed for public street purposes; and
WHEREAS, in order to vacate, Council must adopt a resolution ordering the summary
vacation of the subject portion of the aforementioned excess right-of-way; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that after considering the evidence submitted, the City Council finds and declares that the subject
portion of First A venue, as more particularly described in a legal description designated as
Exhibit "A" attached hereto and by reference made a part hereof, is excess right-ot~way and is
unnecessary for present or prospective public use.
BE IT FURTHER RESOLVED, by the City Council of the City of Chula Vista that this
summary vacation, as proposed, will reserve an easement for public utilities as requested by
SDG&E, and AT&T as well as a small drainage easement for the benefit of an existing City
drainage facility as described in said Exhibit "A".
BE IT FURTHER RESOLVED, by the City Council of the City Of Chula Vista that the
City Council of the City of Chula Vista does hereby order the summary vacation of the subject
portion of First Avenue as described in said Exhibit "A".
2-20
Resolution No.
Page 2
BE IT FURTHER RESOLVED by the City Council of the City Of Chula Vista that the
City Clerk is hereby directed to cause a certified copy of the resolution of vacation, attested by
the clerk under seal, to be recorded without acknowledgement, certitlcate of acknowledgement,
or further proof in the office of the recorder of the county in which the property is located. Upon
such recordation, the vacation shall be complete.
Presented by
Richard A. Hopkins
Director of Public Works
H: \ENGINEER'iRESOS\Resos2009\! 0-27-09\ I sf Av ST vacation, doc
2-21
ITEM TITLE:
SUBMITTED BY;
REVIEWED BY:
SUMMARY
CITY COUNCIL
AGENDA STATEMENT
_ I, "i ,,~~G1T' ,
.,,/1,'
.....~.. ,.~ . ~
~\~ CITY OF
.J~ (HULA VISTA
Item No.: 3
Meeting Date: 10/27/09
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE FORtvlAL BIDDING PROCESS AND
APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY
OF CHULA VISTA, AND MARION B. BORG ENVIRONMENTAL
CONSULTING SERVICES, RELATED TO THE PREPARATION
OF ENVIRONMENTAL DOCUMENTS AND THE
COORDINATION AND OVERSIGHT OF THE PREPARATION OF
ENVIRONMENTAL DOCUMENTS, ON BEHALF OF THE CITY
OF CHULA VISTA.
DEPUTY CITY MANAG~CTOR OF DEVELOPMENT
SERVICES ~
'CITYMANAG T
4/5 TH VOTE REQUIRED YES NO X
The item before the City Council is a request to approve a two-party agreement with Marion
B. Borg Environmental Consulting for environmental consulting services for a twenty-four
month period. The contract is for an amount not to exceed $100,000.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed contract approval for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;
therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review of contract approval is necessary.
RECOMiVIENDA TION:
That the City adopt the Resolution.
3-1
Page 2, Item No.:
Meeting Date:
..3
10/27/2009
BOARDS/COMMISSIONS RECOMMENDA nON: N/ A
DISCUSSION:
Background
The continuing services of Marion B. Borg Environmental Consulting are needed for the
processing of environmental impact reports associated with the University Villages Sectional
Planning Area plans. The City will be reviewing and processing at least two environmental
impact reports in the near future with regard to this project.
Ms. Borg has worked as an extension of staff for the City of Chula Vista since May of 2000.
During her time with the City of Chula Vista, Ms. Borg proved herself to be a very efficient
and competent professional. Ms. Borg has established herself as an integral part of the
Development Services Department, and the City wishes to maintain this working partnership
into the future. In her time with the City, Ms. Borg has successfully processed EIRs for the
Eastern Urban Center, Otay Ranch Villages Two and Three, Otay Ranch Village Seven, and
East Lake Seniors projects.
Ms. Borg is uniquely familiar with the City's planning and environmental processes and will
bring her extensive experience and expertise in Otay Ranch environmental review to the
University Villages Sectional Planning Area plans. Pursuant to Land Offer Agreements
(LOAs) between the City and Otay Ranch Property owners, entitlements for these projects
must be processed within a two year timeframe. Ms. Borg's familiarity with Otay Ranch will
help to ensure that the project EIRs will be processed within the timeframes specified in the
subject LOAs. The Development Services Department does not have the staff resources to
handle the workload associated with processing the project ErRs and requires the assistance of
Ms. Borg to serve as a part-time hourly extension of staff.
Consultant Selection Process
Marion B. Borg Consulting is a sole proprietorship, and Ms. Borg has worked exclusively on
City projects since the inception of the original contract with the City in 2000. Ms. Borg has
performed as an extension of staff in a highly professional and exemplary manner. Due to her
familiarity with the City and its processes, and due to the absence of the need to train Ms.
Borg in these processes, the City would be materially better served by waiving the 'formal
consultant selection process. Therefore, pursuant to Chula Vista Municipal Code Section
2.56.070.B. 3 & 4., staff is recommending that the Council waive the formal bidding process and
hire Marion B. Borg to perform the subject environmental work.
3-2
Page 3, Item No.:
Meeting Date:
:3
10/27/2009
Scope of Work
Marion B. Borg Environmental Consulting will function as the Environmental
Consultant/extension of staff to the City of Chula Vista under a two-party agreement with the
City and under the supervision of the City's Environmental Review Coordinator. The
responsibilities of the Environmental Consultant will include but not be limited to the following:
. Environmental project management over the preparation of ErRs.
. Preparation of environmental documents such as mitigated negative declarations,
addendums, notices of preparation, notices of completion, and notices of determination.
. Other duties as assigned by the Environmental Review Coordinator.
Contract Payment
The total cost of the contract for consulting services will not exceed $100,000. The Consultant
will be paid at an hourly rate of $105.00 (as needed). All costs will be reimbursed through
deposit fees paid by project applicants.
DECISION-MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property which is subject to this action.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. Project applicants will fully compensate
the consultant. The contract amount for consulting services is $100,000.
ON-GOING FISCAL IMPACT
Approval of the two-party agreement will not result in on-going fiscal impacts since the contract
will terminate once all required work is completed by the consultant.
3-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE FORMAL BIDDING PROCESS AND
APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA, AND MARION B. BORG ENVIRONMENTAL
CONSULTING SERVICES, RELATED TO THE PREPARATION OF
ENVIRONMENTAL DOCUMENTS AND THE COORDINATION AND
OVERSIGHT OF THE PREPARATION OF ENVIRONMENTAL
DOCUMENTS, ON BEHALF OF THE CITY OF CHULA VISTA
WHEREAS, implementation of the Development Services Department's work plan
necessitates the expertise of an environmental consultant and requires the hiring of an
environmental consultant; and
WHEREAS, the Consultant IS currently on the City's list of certified environmental
consultants; and
WHEREAS, the Consultant has demonstrated the ability to manage the preparation of
environmental documents while working as an extension of staff for the City of Chula Vista; and
WHEREAS, the Consultant is uniquely familiar with the City's environmental process and
procedures; and
WHEREAS, it is in the City's best interest to waive the City's formal bidding process as
impractical, in that the City is in immediate need of an experienced environmental consultant who is
uniquely familiar with the City's environmental process and procedures; and
WHEREAS, the Consultant, is uniquely qualified to serve as the Consultant for this contract
based on the firm's experience and expertise in managing the preparation of environmental impact
reports within the City of Chula Vista; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures; 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; and
3-4
NOW THEREFORE BE IT RESOLVED the City Council does hereby find that based
upon Consultant's experience and expertise in managing the preparation of environmental
impact reports within the City's eastern territories that Consultant is uniquely qualified to
perform environmental work for the City and that it is in the best interest of the City to waive the
City's formal bidding process as the City is in immediate need of an experienced environmental
consultant who is uniquely familiar with the City's environmental process and procedures and
who is immediately available to begin work..
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to
execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Gary Halbert Deputy City Manager/
Development Services Director
J: \Attorney\MichaelSh\Agreements\BorgK-CCReso-10. 27. 09 -FINAL.doc
3-5
THE ATTACHED AGREEJ\llENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
ttorney
Dated: \0 / Z\ I () 1
I (
AGREEJ\IlENT
BETWEEN THE CITY OF CHULA VISTA AND
MARION B. BORG ENVIRONJ\llENT AL CONSULTING
3-6
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Marion B. Borg Environmental Consulting
For Environmental Consulting Services
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph I, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
sct forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following
facts:
Recitals
WHEREAS, implementation of the Planning & Building Department's work plan
necessitates the expertise of an environmental consultant and requires the hiring of an
environmental consultant; and
WHEREAS, the Consultant IS currently on the City's list of certified environmental
consultants; and
WHEREAS, the Consultant has demonstrated the ability to manage the preparation of
environmental documents while working as an extension of staff for the City of Chula Vista; and
WHEREAS, the Consultant is uniquely familiar with the City's environmental process
and procedures; and
WHEREAS, it is in the City's best interest to waive the City's formal bidding process as
well as impractical, in that the City is in immediate need of an experienced environmental
consultant who is uniquely familiar with the City's environmental process and procedures; and
WHEREAS, the Consultant, is uniquely qualified to serve as the Consultant for this
contract based on the firm's experience and expertise in managing the preparation of
environmental impact reports within the City of Chula Vista; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures; 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; and
3-7
Page I
WHEREAS, pursuant to Resolution 2008-217 Consultant is identified as a Designated
Employee for purposes of filing Conflict ofInterest Statements under State law and Chapter 2.02
of the Chula Vista Municipal Code (the "Chula Vista Conflict ofInterest Code"); and
WHEREAS, generally Consultants are required to file under the broadest of categories
for Conflict of Interest purposes; and
WHEREAS, pursuant to Resolution 2008-217 the City may determine in writing that a
particular Consultant, although a Designated Employee, is hired to perform a range of duties that
is limited in scope and thus is not required to fully comply with the disclosure requirements
included in Resolution 2008-217; and
WHEREAS, Consultant will be acting as an extension of staff whose limited duties shall
include providing environmental review and assessment support to City staff pertaining to
environmental projects as identified and approved by the City's Environmental Review
Coordinator; and
WHEREAS, based upon Consultant acting as an extension of staff and Consultant's
duties as described herein the City Council hereby finds that Consultant is not required to
disclose economic interests under the broadest of categories but shall only be required to disclose
economic interests for categories 1 and 2 as identified in Resolution 2008-217.
(End of Recitals. Next Page starts Obligatory Provisions.)
3-8
Page 2
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED for valuable consideration the City and
Consultant do hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Services"),
and upon doing so in \\<Titing, if they are within the scope of services otTered 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 IO(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.
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F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under the
contract and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors and provide documentation of same prior to commencement of work. The
insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
(I) Insurance Services Office Commercial General Liability coverage (occurrence Form
CGOOOl).
(2) Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code 1 (any auto).
(3) Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
Minimum Limits ofInsurance
Consultant must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as applicable)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this project/location or
the general aggregate limit must be twice the required occurrence
limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$1,000,000 each occurrence
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured
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retentions as they pertain to the City, its officers, officials, employees and volunteers; or the
Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are
to be named as additional insureds with respect to liability arising out of automobiles
owned, leased; hired or borrowed by or on behalf of the Consultant, where applicable,
and, with respect to liability arising out of work or operations perforrned by or on
behalf of the Consultant, including providing materials, parts or equipment furnished
in cOlmcction with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's
insurance using ISO CG 2010 (1l/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be primary insurance as
it pertains to the City, its officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees,
or volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions
coverage are written on a claims-made form:
(1) The "Retro Date" must be shown, and must be before the date of the contract or the
beginning 0 f the contract work.
(2) Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract work.
(3) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy forrn with a "Retro Date" prior to the contract effective date, the Consultant
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must purchase "extended reporting" coverage for a minimum offive (5) years after
completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a current A.M. Best's rating of no less than A V. If insurance is placed with a
surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus
Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may
be made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance industry
forms, provided those endorsements or policies conform to the contract requirements. All
certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
Subcontractors
Consultants must include all subconsultants as insureds under its policies or furnish separate
certificates and endorsements for each subconsultant. All coverage for sub consultants are subject
to all of the requirements included in these specilications.
G. Security for Performance
(I) Performance Bond
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the
City a performance bond in the form prescribed by the City and by such sureties which are
authorized to transact such business in the State of California, listed as approved by the United
States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure,
except as provided otherwise by laws or regulations. All bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to act. Surety companies must be duly
licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the
limits so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A,
Paragraph 18.
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(2) Letter of Credit
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the
bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of
this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
H. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities, files
and records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and
with the further understanding that delay in the provision of these materials beyond thirty (30)
days after authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a
"checkrnark" next to the appropriate arrangement, subject to the requirements for retention set
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forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 11.
All billings submitted by Consultant shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph l7(C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 13.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. lt is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate").
Time extensions for delays beyond the Consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect
of delays to the work and will not be granted for delays to minor portions of work unless it can
be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
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disclosure prOV1SlOns, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specitied in Paragraph 14 of
Exhibit A, or if none are speci.fied, then as determined by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
.financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's that may result in a conflict of interest for the
purpose of the Fair Political Practices Act, and regulations promulgated thereunder.
F. Speci.fic Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 14.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement.
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Consultant promises to advise City of any such promise that may be made during the Term of
this Agreement, or for twelve months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party that may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to
be the result of the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for
whom Consultant is legally responsible in connection with the execution of the work covered by
this Agreement, except only for those claims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of
the City, its officers, employees. Also covered is liability arising from, connected with, caused
by or claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant
shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers
and employees, from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) except for those claims arising from the negligence or willful
misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall
not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects, landscape
architects, surveyors and engineers), the following indemnification provisions should be utilized:
(I) Indemnification and Hold Harmless Agreement
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by
the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising
out of any services performed involving this project, except liability for Professional Services
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covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold
harmless the City, its agents, officers, or employees from and against all liability. Also covered is
liability arising from; connected with, caused by, or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence or sole
willful misconduct of the City, its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under Section Exhibit A to this
Agreement.
(2) Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project,
the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and
employees from and against any and all liability, claims, costs, and damages, including but not
limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness
or willful misconduct of Consultant and its agents in the performance of services under this
agreement, but this indemnity does not apply liability for damages for death or bodily injury to
persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or
defects in design by City or the agents, servants, or independent contractors who are directly
responsible to City, or arising from the active negligence of City.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of the
City, and Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective date of Notice
of Termination, not to exceed the amounts payable hereunder, and less any damages caused City
by Consultant's breach.
9. 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
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termination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
10. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants".
II. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the provisions of the
Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
12. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the services required under
this Agreement. City maintains the right only to reject or accept Consultant's work products.
Consultant and any of the Consultant's agents, employees or representatives are, for all purposes
under this Agreement, an independent contractor and shall not be deemed to be an employee of
City, and none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, worker's compensation benefits,
injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax,
social security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
13. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
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Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the ternlS of this Agreement.
14. Attorney's Fees
Should a dispute ansmg out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
15. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
16. Miscellaneous
A. Consultant not authorized to Represent Ci ty
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instmment in writing executed by the party against
w'hich enforcement of such amendment, waiver or discharge is sought.
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E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the
City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance
hereunder, shall be the City ofChula Vista.
(End of page. Next page is signature page.)
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Signature Page
to
Agreement between
City of Chula Vista
and
Marion B. Borg Environmental Consulting
For Environmental Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
mdicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Noms, City Clerk
Approved as to form:
Bart C. Miesfeld, City Attorney
Dated:
Marion B. Borg Environmental Consulting
By: ltLU-.-.--L./
Marion B. Borg, Consult
l:\Attomey\M ichaeISh\Agreemel1ts\BorgK-9 _09-DrJ.ftl.doc
Exhibit List to Agreement
( X ) Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
Marion B. Borg Environmental Consulting
1. Effective Date of Agreement: October 27,2009
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of Cali fomi a
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
, a [insert business form]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant: Marion B. Borg Environmental Consulting
5. Business Form of Consultant:
(X) Sole Proprietorship
( ) Partnership
( ) Corporation
6. Place of Business, Telephone and Fa" Number of Consultant:
13904 San Sebastian Way
Poway, CA 92064
Telephone (858) 679-8546
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Page 16
7. General Duties:
Under the direction of the Environmental Review Coordinator Marion B. Borg
Environmental Consulting will function as an Environmental Consultant acting as an
extension of statT on various projects.
S. Scope of Work and Schedule:
A. Detailed Scope of Work: The primary responsibility of the Environmental
Consultant will be to provide environmental review and assessment support to City statT
pertaining to environmental projects as identified and approved by the Environmental
Review Coordinator. At the direction of City staff, tasks will include but are not limited
to:
1. Preparation of Environmental Documents: As deemed necessary by the
Environmental Review Coordinator, preparation of environmental documents
including Initial Studies, Negative Declarations, Mitigated Negative Declarations
and Addendums to previously prepared documents for projects within Chula
Vista; and
2. Coordination and Oversight of the Preparation of Environmental Documents:
As directed by the Environmental Review Coordinator, coordinate the preparation
and City staff review of City environmental documents such as Environmental
Impact Reports and Supplemental Environmental Impact Reports including
supervision/preparation of Notices of Preparation, review of screen check drafts,
coordination of public review of documents, preparation of stalT reports to
Planning Commission and City Council, review of draft Findings of Fact and any
necessary Statcments of Overriding Considerations and Mitigation Monitoring
Reporting Program related to the environmental document, and other duties as
assigned.
All tasks associated with this contract shall be coordinated with and have prior
authorization by the Environmental Review Coordinator who will be overseeing
administration of the contract. All work performed by the environmental Consultant shall
be performed to the satisfaction of the City's Environmental Review Coordinator.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits tor Delivery of Deliverables: NA
Page 17
3-23
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services: October 27, 2011
9. Materials Required to be Supplied by City to Consultant:
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim montWy advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
Page 18
3-24
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
Fee for Said Phase
2.
$
$
$
o
~.
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(X)Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $100,000 including all Materials,
and other "reimbursables" ("Maximum Compensation").
(X) Limitation without Further Authorization on Time and Materials Arrangement
Page 19
3-25
At such time as Consultant shall have incurred time and materials equal to $100,000
("Authorization Limit"), Consultant shall not be entitled to any additional compensation
without further authorization issued in writing and approved by the City. Nothing herein
shall preclude Consultant from providing additional Services at Consultant's own cost
and expense.
Category of Employee
Environmental Consultant
Rate Schedule
Name of Consultant
Hourly Rate
$ $105.00
$
$
$
$
Marion B. Borg
(X) Hourly rates may increase by 6% for services rendered after October 20, 20 I 0, if
delay in providing services is caused by City.
II. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
() None, the compensation includes all costs.
(X) Reports
(X) Copies
(X) Travel
(X) Printing
(X) Postage
(X) Delivery
(X) Long Distance Telephone Charges
(X) Other Actual Identifiable Direct Costs:
Mileage charged at $0.49 per mile
(X) Reports
Cost or Rate
Actual
Actual
Actual
Actual
Actual
Actual
Actual
Actual
Actual
12. Contract Administrators:
City: Scott Donaghe, Principal Planner
Consultant: Marion B. Borg, Marion B. Borg Environmental Consulting
Page 20
3-26
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code:
( ) Not Applicable. Not an FPPC Filer.
(X) FPPC Filer
(X) Category No. l. Investments and sources of income.
(X) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income that engage in
land development, construction or the acquisition or sale of real property.
( ) Category No.5. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of Chula Vista or
redevelopment agency to provide services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. ( ) Consultant is Real Estate Broker and/or Salesman
Page 21
3-27
16. Permitted Subconsultants:
9. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
l X )Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
10. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services
( ) Other:
Page 22
3-28
CITY COUNCIL
AGENDA STATEMENT
~\ ft- CITY OF
.~ (HUlA VISTA
10/27/09, Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT
WITH TELLIARD CONSTRUCTION FOR THE DESIGN AND
INSTALLATlON OF SHADE STRUCTURES AT ROHR PARK IN
THE CITY OF CHULA VISTA, CALIFORt"J1A (CIP NO PR301)
AND AUTHORIZING THE EXPENTIITURE OF ALL AVAILABLE
CONTINGENCIES AS NECESSARY TO 1 PEND ALL PROJECT
FUNDS IN A TlMEL Y MANNER
REVIEWED BY:
DIRECTOR OF PUBLIC WORKS
ASSISTANT DIRECTOR OF ENG
CITY MANAGER~
ASSISTANT crTY~NAGER
4/STHS VOTE: YES 0 NO ~
SUBMITTED BY:
SUMMARY
The existing gazebos at Rohr Park were installed in 1976. The roof structures associated with
these gazebos are made of wood and fiberglass which continues to deteriorate. These gazebos
are part of the City's shelter reservation system and are utilized often by park users.
ENVIRONMENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 2 categorical exemption pursuant to Section 15302 (Replacement or Reconstruction)
of the State CEQA Guidehnes, because the project consists of replacement of existing structures
with same purpose and capacity structures within the same project site. Thus, no further
environmental review is necessary.
RECOMMENDA nON
Council adopt the resolution.
BOA.RDS/COMMISS10N RECOMMENDATION
Not applicable.
4-1
10/27/09, Item~
Page 2 of 3
DISCUSSION
The Picnic Shelter Reservation program was established in 1986 at Rohr and Eucalyptus Parks to
control the number of group and family picnic users, reduce the conflicts among users, and make
the users responsible for cleanup after their use. The reservation program includes a rental fee
that guarantees a certain picnic area to users who make reservations and it requires them to
cleanup after their event in order to get their cleaning deposit returned. The shelter reservation
system continues to expand and is an important service that provides a safe and orderly park
environment for users.
in the past three years staff has been unable to keep up with the increasing repair demand of the
wood structures installed in 1976 and has been concerned about their continued use. In an effort
to be consistent with the City's newer parks, staff is recommending replacing the aging
structures with the updated metal type structure. Staff applied for a State Parks and Recreation
grant and was allocated $ 140,000.00 for the replacement of four of the seven structures. Three
of the four are to be combined into a single large stmcture. The three remaining structures at the
park will require replacement in the future as grants or funding becomes available.
On July 23, 2009, the Public Works Department advertised the Request for Proposal (RFP) to
qualified firms tor design build services for the design and installation of shade structures at
Rohr Parle On August 13,2009, the Director of Public Works received three proposals from the
following fim1s:
I. Telliard Constmction - San Diego, CA
2. Zesueta Contracting inc. - Spring Valley, CA
3. Valley Crest Landscape Development - San Diego, CA.
Based on the proposals, Telliard Constmction was selected as the most responsive Design
Builder. Telliard Construction has the extensive constmction experience required to meet the
City's development schedule, the project cost estimates and the project's proposed completion
date on January 6,2010.
Telliard Construction submitted a design build proposal for $129,926.00. Staff may return to
Council to approve a Guaranteed Maximum Price at 100% Construction Documents if the design
or scope of the project should change.
Staff also recommends the authorization to expend all available contingencies and stat! time for
the project as necessary to expend all grant funds in a timely manner. That amount totals
$10,074.00. According to City Council Policy No. 574-01, if a change order exceeds the
cumulative contract change order aggregate amount allowable to be approved by the Director of
Public Works, City Council approval is required. However, approval of this resolution will
increase the Director of Public Works authority to approve change orders as necessary up to the
contingency amount of $7,074.00, plus an increase of $3,000.00 and authorize staff to expend all
available contingencies, staff time and increase the value of the contract as necessary due to
unforeseen circumstances.
4-2
10/27/09, ltem~
Page 3 of 3
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property that is the subject of this action.
CURRENT FISCAL IMPACT
There is no impact to the General Fund as the project is funded by State Recreation Grant funds
which is recovered on a reimbursement basis as expenditures occur. The liquidation date for
these funds is June 30, 2011.
FUNDS REQUIRED FOR PROJECT
A. Contract Amount (Telliard ConstmctionJ $129,926.00
B StatlTime 53,000.00
c. Contingencies (5% of contact amount) $7,07400
TOTAL FUNDS REQUIRED FOR PROJECT $140,000.00
ONGOING FISCAL IMPACT
After completion of project, minor routine maintenance will be required.
A TT ACHMENTS
1. DeSign Build Contract
Prepared by Danny Schrek and Gordon Day, Public Works Department
M. IEngineerlAGENDA ICAS20091JO 20-091Rolzr Park Picnic Slzelters PR30l.doc
4-3
RESOLUTION 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN BUILD
AGREEMENT WITH TELLIARD CONSTRUCTION FOR THE
DESIGN AND INSTALLATION OF SHADE STRUCTURES AT
ROHR PARK IN THE CITY OF CHULA VISTA, CALIFORNIA
(CIP NO PR301) AND AUTHORIZING Tl-IE EXPENDITURE
OF ALL A V AIL ABLE CONTINGENCIES AS NECESSARY TO
EXPEND ALL PROJECT FUNDS IN A TIMELY MANNER
WHEREAS, the Picnic Shelter Reservation program was established in 1986 at Rohr and
Eucalyptus Parks; and
WHEREAS, the shelter reservation system continues to expand and is an important
service that provides a safe and orderly park environment for users; and
WHEREAS, in an effort to be consistent with the City's newer parks, staff has chosen to
replace the aging structures with the updated metal type structure; and
WHEREAS, stall' applied for a State Parks and Recreation grant and was allocated
$140,000.00 for the replacement of the structures; and
WHEREAS, on August 13, 2009, the Director of Public Works received three proposals
from the following lirms:
I. Telliard Construction - San Diego, CA
2. Zesueta Contracting Inc. - Spring Valley, CA
3. Valley Crest Landscape Development - San Diego, CA.
and
WHEREAS, Telliard Construction submitted a design build proposal for $129,926.00;
WHEREAS, Telliard Construction has the extensive construction experience required to
meet the City's development schedule, the project cost estimates and the project's proposed
completion date of January 6,2010; and
WHEREAS, based on the proposals, Telliard Construction was selected as the most
responsive Design Builder.
4-4
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a design build agreement with Telliard Construction for the design
and installation of shade structures at Rohr Park in the City of Chula Vista, California (erp No.
PR301) and authorize the expenditure of all available contingencies as necessary to expend all
project funds in a timely manner.
Presented by
Richard A. Hopkins
Director of Public Works
4-5
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORl"JEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
h~~
Bart C. Miesfeld
City Attorney
Dated:
I 011-- -'2-( 6 9
I I
DESIGN BUILD AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND
TELLIARD CONSTRUCTION
4-6
DESIGN/BUILD AGREEMENT
This Agreement is made and entered into this ,2009, by and between THE
CITY OF CHULA VISTA (herein "City"), a municipal corporation, and (Design Builder)
("Design Builder or D/B"). City and D/B are sometimes hereinafter referred to as Parties
("Parties").
RECITALS
1. City owns gazebos within Rohr Park that were constructed in 1976.
2. The gazebos are part of the City's shelter reservation system and are often
utilized by park visitors.
3. The roof structures associated with these gazebos are made of wood and
fiberglass and such structures have deteriorated.
4. City desires to replace the existing structures as part of an on-going effort to
maintain City facilities and keep them in good repair.
5. As part of that effort, on July 23, 2009, the Department of Public Works,
Engineering Division, issued a Request for Proposal (RFP), pursuant to S 2.57
of the City's Municipal Code, to design and construct replacement structures
("Project") to qualified Design-Build firms off the Priority List.
6. On August 13, 2009, the Director of Public Works received three (3) proposals.
7. Following interviews of all 3 respondents, D/B was selected as the respondent
who best met the design, monetary, and time criteria of the pr9ject with whom
City could negotiate an agreement.
8. As part of D/B's proposal, D/B submitted an estimated cost of the Project in the
amount of one hundred twenty-nine thousand, nine hundred twenty-six dollars
($129,926) ("Estimated Cost"/"EC").
9. Following City's approval of 90% Construction Documents ("CD"), D/B shall
submit a guaranteed maximum price ("GMP"), not to exceed the EC, for which
the Project shall be designed and constructed.
10. D/B shall complete the Project, as a public improvement, according to plans
and specifications approved by City, for an amount not to exceed the GMP.
Page 1
4-7
NOW THEREFORE, in consideration of the recitals, mutual obligations of the
Parties, the covenants and conditions herein, and for other good and valuable, the
sufficiency of which is hereby acknowledge, the Parties agree as follows:
THE PARTIES AGREE:
Section 1:
General Scope of Work to Be Performed bv D/B
1.1 In accordance with the terms set forth in this Agreement and the RFQ for
Design Build Team Services, DBT shall design and construct for the City: a
completed and fully functional Rohr Park Shade Structures as outlined in the RFP for
Design Build Services for the Rohr Park Shade Structure Project (Exhibit 1),
(referred to hereafter as "Project"). The Project is located at Rohr Park in Chula
Vista.
1.2 The services to be provided by DBT are generally to be performed in three
"Phases"; the services to be provided in each Phase are specified elsewhere in this
Agreement. The services provided by the DBT shall include, but not be limited to,
all services outlined and described in Exhibit 4, titled "Design/Build Services".
1.3 The DBT shall:
1.3.1 Perform all services, work and obligations as described herein for
the Guaranteed Maximum Price (GMP), which shall include Design
Services and General Conditions necessary to provide a fully
completed and functional Project. D/B shall perform all Design
Services and General Conditions for the not to exceed amount of $
129,926.00 (Exhibit, 3 At 90% complete construction
documents a GMP will be established pursuant to Section 13 ofthis .
agreement, which will include, but not limited to, the cost for all
labor, equipment, and material to design and build a fully functional
Rohr Park Shade Structures in accordance with all applicable rules,
regulations, and laws. The D/B fee shall be included as a part of
hard construction costs and the bond cost shall be no more than 2%
of hard construction costs. 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 14
of this agreement. All funds remaining in the GMP at the completion
of the project shall belong to the City.
1.3.2 Substantial Completion: January 6,2010.
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
Page 2
4-8
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 punch list Work.
1.3.3 Achieve "Final Completion" (as defined in S16.2) as established in
the Project Schedule (Exhibit 2).
Section 2: General Obliqations of Citv
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 O/B's services per the Project Schedule attached
as Exhibit 2;
2.1.3 Pay for and cause to be completed all necessary environmental
studies and obtain environmental approvals and/or permits with
reasonable promptness to avoid delay to the orderly progress of
D/B's performance per the Project 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 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 O/B the accuracy or completeness of any such information.
2.1.5 Cooperate with O/B in identifying, processing and securing required
permits, licenses and inspections in a timely fashion; however, this
duty to cooperate does not relieve O/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.
Page 3
4-9
2.1.7 Issue Certificate of Substantial Completion when City reasonably
determines the Project has achieved Substantial Completion as
defined below in Section 16.1.
2.1.8 Issue a Notice of Acceptance when City reasonably determines the
Project has achieved Final Completion as defined in Section 16.2.
2.2 Citv Review Process. City shall review Design Development Drawings
(ODD's), 50% Construction Drawings (CD's), 70% CD's and 90% CD's which shall
allow construction of Project in conformity with the Approved Master Plan for the
Project. For each D/B submission, City shall have twenty (20) working days to
review, approve, conditionally approve or deny.
Section 3:
General Obliqations 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 Project 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 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. D/B shall provide complete and
accurate pricing within ten (10) calendar days of said discovery.
3.1.3 Perform, or obtain the prior written consent of the City to subcontract
all design services for the Project utilizing qualified, licensed and
sufficiently experienced architects, engineers and other
professionals (herein jointly "Design Consultants") as identified in
Exhibit 4. 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 this Agreement;
Page 4
4-10
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 Comply with the California Fair Employment and Housing Act and all
other State, Federal and loca/laws including, but not limited to, those
prohibiting discrimination, on account of race, color, national origin,
religion, age, sex or handicap;
3.1.7 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 14. Nothing contained in
this paragraph shall relieve D/B of its obligations to modify the
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.
3.1.8 Control dust and noise in accordance with the provisions in Section
7.1.18 of the 2000 Edition of the Standard Specifications for Public
Works Construction, City Ordinances and this Agreement;
3.1.9 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
Page 5
4-11
said property at no expense to City and shall not be a basis for
seeking an adjustment to the GMP or Contract Time. D/B agrees
to indemnify City for any and all fines, penalties, liabilities, cost
imposed upon City, its officers, employees and agents as a result of
this Project.
3.1.10 To obtain all permits necessary to complete the Project. City shall
pay cost of building permits. D/B shall be responsible for obtaining
and paying for all permits normally obtained by the trades or
subcontractors.
3.1.11 Conform its design to the requirements of the Americans With
Disabilities Act Accessibility Guidelines ("ADAAG") and the
Americans With Disabilities Act ("ADA").
3.1.12 Seek and obtain written approval from the City of the drawings for
each of the following phases: (1) ODD (2) 50% CD's (3) 70%
CD's and (4) 90% CD's. Said approval shall be evidenced by
written notice to proceed with the subsequent phase.
3.1.13 Provide cost estimating and value engineering services, which take
into consideration long-range maintenance costs, energy efficiency,
and impact operation of the Project. . Provide cost estimates to the
City at ODD's, 50% CD's, 70% CD's and 90% CD's. Provide final
cost estimate, in four copies, to the City with Final Construction
Documents.
3.1.14 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 13.
3.1.15 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.
3.1.16 Seek and obtain written approval from the City of the drawings for
each of the following phases: (1) schematic; (2) design development.
and (3) construction drawings. Said approval shall be evidenced by
written notice to proceed with the subsequent phase.
Page 6
4-12
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.
3.2.1 Unanticipated subsurface site conditions
3.2.1.1 City assumes risks for unanticipated subsurface site
conditions provided D/B notifies City in writing within five (5)
calendar days of discovery if D/B believes it has uncovered
or revealed a condition which:
3.2.1.1.1 differs materially from that indicated in the soils
and geotechnical reports furnished by City, or
3.2.1.1.2 is of an unusual nature and differs materially
from conditions ordinarily encountered and
generally recognized as inherent in the work
required by Agreement.
3.2.1.2 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 14. 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 ten (10) calendar
days.
3.2.1.3 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 3.1.14.
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. 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.
3.3.1 D/B warrants that at least one member of the D/B team 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
Page 7
4-13
include their qualifications and their function, for approval by 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 employment of O/B, City shall
have the right to approve the replacement personnel. D/B shall
comply with all licensing requirements of the State of California,
County of San Diego, and City of Chula Vista.
3.3.2 Project Manager, Landscape Architect, and Project Architect
throughout all phases of the Project hereunder, the individual project
manager, landscape architect and project architect shall be as
reflected in Exhibit 4. So long as the Individual Project Manager and
Project Architect remain in the employ of the General Contractor and
Architect, such persons shall not be changed or substituted from the
Project, or cease to be fully committed to the Project as deemed
necessary by the City in its reasonable discretion, without the prior.
written consent or instruction of the City. Any violation of the terms
and provisions of this Section shall constitute a Material Default.
3.3.3 City Right to Remove Project Manager, Landscape Architect and
Project Architect. Notwithstanding the foregoing provisions of Section
3.3, if the Individual Project Manager, Landscape Architect or Project
Architect, for good cause, proves not to be satisfactory to the City,
upon written notice from the City to the General Contractor, such
person or person shall be promptly replaced by a person who is
acceptable to the City in accordance with the procedures set forth
below.
3.3.4 Replacement Selection of Project Manager, Landscape Architect,
and/or Project Architect. Within five (5) working days after receipt of a
notice from the City requesting the replacement of any Individual
Project Manager. or Project Architect, or promptly following the
discovery by the Design Build Team that any Individual Project
Manager, Landscape Architect or Project Architect is leaving the
employ of the General Contractor or Architect, as the case may be,
the replacement/substitution (together with such person's resume and
other information regarding such person's experience and
qualifications) for approval by City. The replacement/substitution shall
commence work on the Project no later than five (5) calendar days
following the City's approval of such replacement, which approval
shall not be unreasonably withheld. In the event that the City and
Design Build Team cannot agree as to the substitution of replacement
of the Individual, the City shall be entitled to terminate this Agreement
for cause.
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3.4 D/B shall cooperate with City in obtaining Environmental approvals andlor
permits.
3.5 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.
3.6 D/B team is to provide progress photographs taken at regular intervals
throughout the Project. Photographic documentation shall depict an overview of
Project site showing work in progress. Dates and times to be documented. Copies of
documentation shall be transmitted to the City monthly. The costs are
Reimbursable Costs to be paid by the City without markup, pursuant to Section
13.3.
3.7 D/B shall fully cooperate with City Representative and any of its agents
assigned to this project.
Section 4:
Work Restriction and Biddinq Requirement
4.1 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 ofthe
Project. D/B is required to submit a summary of bid results for each bid package.
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.
4.2 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
Section 5:
D/B's Phase I Services and Obliqations - Desiqn Development
5.1 D/B's services in Phase I shall include, but are not limited to the following:
5.1.1 Continue to develop and refine project requirements and review such
requirements with the City.
5.1.2 Prepare complete DDD's such that the DDD include, without
limitation, the following:
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5.1.2.1 Site plan with pertinent notes and dimensions indicating
property line; existing public streets, sidewalks, curb cuts,
other public improvements; required setbacks; service,
trash, fire lane and truck access, adjacent buildings,
building outline; basketball courts, multi-use sports field,
softball field, informal skate area, play areas, shelters,
landscape and site elements.
5.1.2.2 Floor plans including graphically demonstrating interior and
exterior walls and fenestration with notes, dimensions and
grid lines; room names, structural bay spacing with grids,
critical dimensions and area calculations;
5.1.2.3 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;
5.1.2.4 Building sections including vertical dimensions, floor
assembly thickness showing known structural elements,
notes and dimensions.
5.1.2.5 Exterior elevations including material references and
extent; visible roof top elements; existing and new line of
grade; indicate of floors with leader lines; and vertical
dimensions; notes, dimensions and grid lines.
5.1.2.6 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;
5.1.2.7 Outline specifications, written description of Rohr Park
Shade Structures and components including site work.
5.1.2.8 Verify all code compliance including building construction
type, occupancy sprinkler requirements, existing, zoning
and other agency conformance and ADA.
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5.1.2.9 Delivery of 3D rendered images, color and material boards,
reflected ceiling plans, and special system or equipment
plans.
5.2 Prepare and submit to City detailed cost estimates with ODD.
5.3 Submit completed ODD to City. Obtain comments from City and make
revisions to ODD as required. Obtain written approval or conditional approval from
City to proceed to Phase II 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 ODD. Any delay
or additional costs resulting from the re-submittal shall be borne exclusively by D/B
. and not be grounds for an increase in the GMP or Contract Time.
Section 6:
Desiqn Phase Services and Obliqations - Construction Documents-
Phase II
6.1 D/B's services in Phase II shall include but are not limited to the following:
6.1.1 D/B shall continue to develop and refine project requirements and
review such requirements with City;
6.1.2 D/B shall prepare CD's which shall include, without limitation, the
following: .
6.1.2.1 Architectural plans and details, including:
6.1.2.1.1 Site plan indicating general location and nature
of on-site and the necessary off-site
improvements.
6.1.2.1.2 Floor plans, including roof, showing space
assignments, sizes, and location of installed or
fixed and movable equipment which affects the
design of the spaces.
6.1.2.1.3 Building elevations indicating exterior design
elements and features, including fenestration
arrangements, materials, mechanical and
electrical features appearing on the walls, roofs,
and adjacent areas.
11
6.1.2.1.4 Interior elevations to establish functional
requirements, equipment, and all systems
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locations.
6.1.2.1.5
Typical building sections showing
structural members, dimensions,
accommodation of functional systems.
primary
and
6.1.2.1.6 Typical wall sections sufficient to indicate
materials, openings, and major features.
6.1.2.2 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.
6.1.2.3 Mechanical plans and details;
6.1.2.4 Landscape and Irrigation plan and details;
6.1.2.5 Electrical plans and details;
6.1.2.6 Plumbing plans and details;
6.1.2.7 Plans showing installation of major systems, equipment,
fixed furnishings and graphics;
6.1.2.8 Technical specifications;
6.1.2.9 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:
6.1.2.9.1 Provide information customarily necessary for the
use of those in the building trades;
6.1.2.9.2 Include documents customarily required to obtain
regulatory agency approvals;
6.1.2.9.3 Provide color board and architectural rendering for
required presentations.
6.1.2.10 Mechanical design documentation consisting of continued
development and expansion of schematic mechanical
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design consisting of:
6.1.2.10.1 Single line layouts and the approximate sizing of all
equipment and capacities, preliminary equipment
layouts.
6.1.2.10.2 Required space requirements for the equipment,
required chases and clearances, acoustical and
vibrations control, visual impacts and energy
conservation measures.
6.1.2.11 Electrical design documentation consisting of continued
expansion of the schematic electrical design consisting of:
6.1.2.11.1 Criteria for lighting, electrical, communications
audio visual, close circuit TV, lighting controls and
other electrical systems typical to civic facilities, the
approximate sizes and capacities of major
components transformers-panels-switch gears;
6.1.2.11.2 Preliminary equipment layouts, required space for
equipment, required chases and clearances.
6.1.2.12 Sections through critical areas showing coordination of
architectural, structural, mechanical and electrical
elements.
6.1.2.13 Final specifications, including but not limited to the
following:
6.1.2.13.1 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;
6.1.2.13.2 Mechanical: description of air conditioning, heating
and ventilation systems and controls, ducts, and
piping system;
6.1.2.13.3 Electrical: description of electrical services,
including voltage, type and number of feeders,
lighting systems, including lighting levels and
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audiovisual, security-fire alarms and cable antenna
television systems;
6.1.2.13.4 Landscape: General description of the construction,
including plan materials, plant locations,
maintenance period and irrigation systems.
6.1.2.13.5 Play Areas: Description of play equipment including
installation procedures, type, color, finishes and
locations.
6.1.2.13.6 Site Work: General description of the construction,
including finishes, types of materials and locations.
6.1.2.13.7 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.
6.1.2.14 Plumbing drawings including location and quantity of
fixtures, equipment sizes, room sizes for plumbing
equipment, and final specifications as appropriate.
6.2 D/B shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of
the Project.
6.3 D/B shall prepare a detailed Critical Path Method schedule for all construction
components 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 of Rohr Park Shade Structures, all of which
shall conform with the dates of Substantial Completion and Final Completion of
Project.
6.4 Review as needed the CD's with the governmental authorities having
jurisdiction over the Project.
6.5 Notify City within seven (7) 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:
6.5.1 An itemized cost breakdown estimate;
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6.5.2 A list of recommended revisions which D/B believes will bring Project
within the GMP;
6.5.3 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.
6.5.4 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.
6.6 D/B shall develop and implement Project Management Plan and Procedures
including:
6.6.1 Project status reports
6.6.2 Coordination/interface with the City and its other
consu Itants/contractors
6.6.3 Initial Design kickoff meeting to be held no later than five (5)
working days from the Effective Date of Agreement.
6.6.4 Biweekly Design and Construction meetings
6.6.5 Interface and communications with other agencies
6.6.6 Vendors and subcontractors management
6.6.7 Document control
6.6.8 Schedule and budget control
6.6.9 Quality assurance and quality control
6.6.10 Throughout the design phase, the Consultant shall provide
scheduling and cost control reports monthly.
6.7 Utilizing the 2000 Edition of the Standard Specifications for Public Works
Construction, 2000 Edition of the Chula Vista Standard Special Provisions, 2000
Edition of the Regional Standards, 2002 Edition of the Chula Vista Construction
Standards, the City's facility program, performance and design criteria, concept
drawings, and reports incorporated herein by reference, DB shall:
6.7.1 Prepare construction drawings and specifications suitable for
obtaining City-approved permits and to allow construction.
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Preparation of technical materials and equipment specifications for
pre-purchase will be the responsibility of the DB.
6.7.2 Submit Construction Documents to the City for plan check, and
make any changes therein as may be lawfully required. Obtain
general building permit and all ancillary permits and licenses,
including but not limited to, demolition permits, improvement permits
and grading permits.
6.7.3 Complete the design for all elements of the Project, including, but
not limited to: civil, structural, architectural, mechanical, electrical,
landscape, and specialty consulting areas.
6.7.4 Evaluate alternative structural and construction approaches to
ensure economical designs, which optimize constructability yet meet
all codes, architectural concepts, schematic designs, and standard
specifications of the Project. Design and construction shall also
meet all ADA requirements.
6.7.5 Provide additional site surveys and geotechnical investigations to
the extent the DB determines they are necessary for final design.
The survey information provided by the City is preliminary in nature
and may not have sufficient accuracy or scope to support final
design.
6.7.6 Furnish support to a City constructability review team at the 50%,
70% and 90% percent design completion stage. Incorporate the
results of this review into the design.
6.7.7 Provide updated construction cost estimates at durations specified
in this agreement to support Value Engineering (VE) and
constructability reviews.
Section 7: Construction Phase Services - Phase III:
7.1 The D/B shall construct the Project in accordance with City-approved plans
and specifications prepared by the DB to meet or exceed all requirements of the City
provided program, schematic design and the performance criteria. The DB shall:
7.1.1 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;
7.1.2 Conduct competitive bidding for the respective bid packages.
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7.1.3 D/8 shall require additive alternates for extended warranties in bid
packages for roofing and HVAC systems.
7.1.4 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 bidders;
7.1.5 Execute subcontracts, in D/8's own name, with the bidder best
meeting the monetary, time, and performance requirements of the
Project in the professional opinion of the D/8.
7.1.6 Perform construction management and administration services
during the construction of the Project;
7.1.7 8e responsible for and coordinate all construction means, methods,
techniques, sequences and procedures;
7.1.8 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;
7.1.9 Give all notices and comply with laws, ordinances, rules, regulations,
and lawful orders of public authorities relating to the Project;
7.1.10 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/8;
7.1.11 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;
7.1.12 Establish and maintain a quality control program with appropriate
reviews and independent testing procedures to ensure compliance
with the Construction Documents;
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7.1.13 Coordinate all required inspections in such a manner that the
progress of construction is not affected or impacted;
7.1.14 Correct any work which does not conform to the Construction
Documents;
7.1.15 Keep City informed of the progress and quality of the design and
construction of the Project;
7.1.16 Pay royalties and license fees, if applicable. 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
7.1.17 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;
7.1.17.1 Please be advised thciCChulaVista iViunidpai Code
8.24.070 provides for an exclusive franchise for the removal
and conveyance of all. solid waste for hire (including
recyclables) within City limits. The exclusive franchise
agreement covers any hauling activity that requires the
generator or their agenUo pay'.a fee for any service
connected with removing or conveying waste. The City's
franchise hauleris Allied (formerly Pacific) Waste Services
and may be reached at (619) 421-9400:
7.1.18 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;
7.1.19 Provide City with a Detailed Construction Schedule (DCS) on an
approved software within fourteen (14) working days after receiving
Notice to Proceed with Phase IV, provide updated versions of DCS
on a monthly basis, and provide immediate notice of any impact on
critical path items;
7.1.20 Conduct and prepare minutes for weekly Project team meetings with
City and appropriate design and construction members;
18
7.1.21 Maintain a complete and up-to-date set of Construction Documents
in the Projects field office at all times during construction which
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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;
7.1.22 Notify City in writing when D/B believes that the Project has
achieved Final Completion;
7.1.23 Assemble and deliver to City upon Final Completion all records,
documents, warranties, bonds, guarantees, maintenance/ service
contracts, and maintenance and'operating manuals;
7.1.24 Inspect the Project during the one-year general building warranty
period, identify items requiring repair, and oversee those repairs.
Inspect the each component at 180 and 360 days after Final
Completion of Project and prepare reports to City, develop budgets
and direct all repairs.
7.1.25 Conduct contractor meetings, as necessary, to provide technical
input.
7.1.26 Provide interpretation of technical specifications and drawings.
7.1.27 When appropriate, witness testing and review materials and
equipment testing results and provide comments regarding
conformance with specification requirements.
7.1.28 Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical compliance and forward copy to City
for review.
7.1.29 Assist during final acceptance process by furnishing final walk-
through(s) and comments.
7.1.30 The DB shall be responsible for complete management, supervision,
and reporting of all aspects of the construction of this Project.
7.1.31 The DB shall provide resident management and contract
administration, including specialists necessary for the functional,
safe, on-budget and on-schedule completion of the Project, starting
with the issuance of a Notice to Proceed, upon receipt of final
construction drawings, from the City and extending through issuance
of Notice of Completion and Acceptance. City staff will perform
inspections to verify compliance with the plans, specifications and
contract documents.
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7.1.32 The DB resident staff shall ensure construction compliance with
applicable local, state, and federal codes, building and
environmental permit requirements, construction mitigation
documents and enforcement of the Contract Documents.
7.1.33 The DB is responsible for the design, construction and all contract
administration services during the construction of the Project in
accordance with all applicable laws, regulations, and codes,
including, but not limited to, the 1990 Americans with Disabilities Act
[ADA] and Title 24 California Code of Regulations [Building Code] as
defined in Section 18910 of California Health and Safety Code [Title
24]. The DB is responsible as a designer, employer, and City
representative to comply with all portions of Title 24 and the ADA.
7.1.34 The DB shall provide surveying, and other contracted services as
required to complete project construction inspection and testing
tasks. The City will provide special inspection services and periodic
building inspections. DB is responsible for scheduling and
coordinating all inspections and paying for all re-inspections.
7.1.35 The DB shall develop a project-specific Plan for defining, tracking
and reporting cash flow activity requirements and submit such plan
to the City for review and approval prior to implementation.
7.1.36 The DB shall irnplement and maintain an internal records
management and document control system as required to support
project operations. The DB shall provide records management and
document control information in a manner consistent with the City's
reporting system.
7.1.37 The DB shall administer and coordinate the project contract closeout
process and shall resolve any warranty provision issues. The DB
shall report progress of project contract closeout to the City in a
manner consistent with the City's reporting system.
7.1.38 The DB shall administer and enforce the Environmental Mitigation
Monitoring and Reporting Plan for the Project, if any. The DB shall
report a record of environmental issues to the City in a manner
consistent with the City's reporting system.
7.1.39 Prepare Operations Manual.
7.2 . Unless the DIB receives the City's prior approval to substitute equal or better
quality materials, the DIB warrants to City that materials and equipment incorporated
in the Project will be new, unless otherwise specified, and that the Project will be of
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good quality, free from faults and defects, and in strict conformance with the
Construction Documents and in accordance with Section 22.
Section 8: OperationlStartup Phase Services - Phase IV
8.1.1 The DB shall prepare, submit for City review and written approval,
and implement a Project Startup and Testing Plan for the Project.
8.1.2 The DB shall conduct Operator Training Sessions for facilities.
8.1.3 The DB shall supervise, manage, and coordinate all project startup
and testing activities for mechanical systems within the provisions of
the project Contract Documents.
8.1.4 The DB shall report progress of project startup and testing to the
City in a manner consistent with the City's reporting system.
8.1.15 The DB shall report to the City all guaranteelwarranty disputes. The
DB shall proceed to resolve such disputes after having submitted to
the City for review and approval the DB's approach for obtaining
resolution for the dispute.
Section 9: Additional Services
9.1 City will have the right to direct DIB to perform Additional Services beyond
those specified in this Agreement. DIB may provide Additional Services only if
authorized in writing, in advance, by City and after complying with Section 9.4. 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, DIB 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.
9.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably necessary costs of the Project, DIB fee which is included
in the hard construction costs, 2% of hard construction cost for bonding and actual
costs for liability insurance for the additional services.
9.3 For additional services, which result in an extension of the Substantial
Completion date, DIB shall be paid a fee equal to the number of working days the
Substantial Completion date is ex1ended multiplied by the daily proration of the
general conditions fee included within the GMP.
9.4 If at any time DIB contends that it is being asked to perform Additional
Services, it shall give City written notice 5 days prior to performing said services
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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 10:
Bonds
10.1 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.
10.1.1 The performance bond shall be in the amount of 100% of the GMP.
10.1.2 The payment bond shall be in the an amount of 100% of the Hard
Construction Costs.
10.2 All bonds shall be in the form prescribed by City and by such sureties which
are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by this
agreement and which also satisfy the requirements stated in Section 995.660 of the
Code of Civil Procedure, except as provided otherwise by laws or regulations. All
bonds signed by an agent must be 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.
10.3 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 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.
Section 11:
Insurance
11.1 The insurance provisions herein shall not be construed to limit D/B's
indemnity obligations contained in this Agreement.
11.2 D/B shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by the D/B, his agents,
representatives, employees or subconsultants. All subconsultants shall be required
to comply with the applicable insurance provisions. The maintenance of proper
coverage is a material element of the contract and that failure to maintain or renew
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coverage or to provide evidence of renewal may be treated by the City as a material
breach of contract.
11.3 Minimum Scope of Insurance
11.3.1 Coverage shall be at least as broad as:
11.3.1.1 Insurance Services Office Commercial General Liability
coverage (occurrence Form CG 0001) including
Insurance Services Office Form (G0009 11 88 Owners
and Contractors Protective Liability Coverage Form -
Coverage for Operations of Designated Contractor).
11.3.1.2 Insurance Services Office Form Number CA 0001
covering Automobile Liability, Code 1 (any auto).
11.3.1.3 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
11.3.1.4 Errors and Omissions Insurance.
11.3.1.5 Builder's Risk Propertv Insurance:
The City of Chula Vista will provide coverage for "all risk"
Builder's Risk Insurance excluding the peril of earthquake
and flood, and subject to other policy terms, conditions
and exclusions, Coverage will be provided for the
Replacement Cost of Materials, Equipment and fixtures
destined to become a permanent part of the structure,
Property in Transit and Property in Offsite Storage for
$123,370.00 construction in an amount not to exceed
$129,926.00. Contractors and Subcontractors will be
added to policy as Loss Payees as their interest may
appear.
Contractor and its Subcontractors will be solely
responsible for any.loss or damage to their personal
property including contractor's tools and equipment
owned, used, leased, or rented by the Contractor or
Subcontractor.
The $10,000 policy deductible amount will be the
responsibility of Contractor and/or Subcontractor
11.4. Minimum Limits of Insurance
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Contractor or appropriate subconsultant shall maintain limits no less
than:
11.4.1.1
11.4.1
General
Liability:
$2,000,000
(Including
operations,
products and
completed
operations.)
per occurrence for bodily
injury, personal injury and
property damage. If
Commercial General
Liability Insurance or other
form with a general
aggregate limit is used,
either the general
aggregate limit shall apply
separately to this
project/location or the
general aggregate limit
shall be twice the required
occurrence limit.
11.4.1.2 Automobile $1,000,000 per accident for bodily injury
Liability: and property damage.
11.4.1.3 Workers' $1,000,000 Per accident for bodily
Compensation injury, disease-policy limit
Employer's and
Liability: disease-each employee.
11.4.1.4 Errors and $1,000,000 per occurrence
Omissions: $2,000,000 policy aggregate
(for consultants)
11.4.1.5 Builder's Risk $123,370.0 Hard Construction Cost of
0 Structure
11.5 Deductibles and Self-Insured Retentions
11.5.1 Any deductible or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers;
or the DfB shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
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11.6 Other Insurance Provisions
11.6.1 The general liability policy shall contain, or be endorsed to contain,
the following provisions:
11.6.1.1 The City, its officers, officials, employees, and volunteers
are to be covered as additional insureds using ISO Form
CG 2010 or its equivalent, with respect to liability arising
out of work or operations performed by or on behalf of the
D/B including materials, parts or equipment furnished in
connection with such work or operations. The general
liability additional insured coverage must be provided in
the form of an endorsement to the contractor's insurance
using ISO CG 2010 (11/85) or its equivalent. Specifically,
the endorsement must not exclude Products / Completed
Operations coverage.
11.6.1.2 For any claims related to this project the D/B's insurance
coverage shall be the primary insurance as respects the
City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be
excess of the D/B's insurance and shall not contribute
with it.
11.6.1.3 Coverage shall not extend to any indemnity coverage for
the active negligence of the additional insured in any case
where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Sections 2782 of
the Civil Code.
11.6.1.4 Contractor's insurer will provide a Waiver of Subrogation
in favor of the City for each required policy providing
coverage during the life of this contract
11.7 Verification of Coverage
25
11.7.1 Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this
clause. The endorsements should be on forms provided by the City
or on other than the City's forms, provided those endorsements or
policies conform to the requirements. All certificates and
endorsements are to be received and approved by the City before
work commences. The City reserves the right to require complete,
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certified copies of all required insurance policies, including
endorsements effecting the coverage required by these
specifications at any time.
11.8 Subcontractors
11.8.1 All coverages for subcontractors or subconsultants shall be subject
to all of the requirements stated herein. Subcontractors and
Subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein.
Subcontractors and Subconsultants shall name City and D/B as
additional insureds under its policies.
11.9 Cooperation. The D/B and its Contractors shall cooperate fully with and
provide any information or records requested by the City or regarding all aspects of
the insurance and project, including but not limited to claims, audit, payroll,
insurance records and safety. Delays in reporting information to the City may result
in delays in progress payments to the D/B.
11.10 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 shall contain at least the following provisions:
11.10.1 Written Notice. Except as provided for under California law, the
policies cannot be canceled, non-renewed or materially changed
except after thirty (30) Calendar Days prior written notice by D/B to
the City by certified mail, as reflected in an endorsement which shall
be submitted to the City, except for non-payment of premium, in
which case ten (10) Calendar Days notice shall be provided.
11.10.2 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.
11.10.3 Throughout the life of the Agreement, each and every Contractor of
any tier shall pay for and maintain in full force and effect, with
Insurers authorized by the California Insurance Commissioner to do
business in the State of California, any policies required by this
Agreement.
11.10.4 Any insurance provided for this project is to be placed with licensed
insurers admitted to transaction business in the State of California
with a current A.M. Best Rating of not less than A-V If insurance is
placed with a surplus lines insurer, insurer must be listed on the
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State of California List of Eligible Surplus Lines Insurers (LESLI) with
a current A.M. Best's rating of no less than AX. Any exceptions are
at the sole' discretion of the City and subject to written approval of
the City.
11.11 Questions concerning the insurance requirements of this Agreement shall be
directed to the City Representative.
Section 12:
Inspection
12.1 City shall be responsible for City inspection and material testing and
inspections, with reimbursement to be required by D/B for any re-inspections. 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.
12.2 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:
12.3 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 or shall in any way limit or modify
D/B's indemnity obligations as provided for within this agreement. 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.
12.4 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.
Section 13:
D/B GMP for Services and Reimbursements
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13.1 D/B shall submit to City 90% Construction Documents ("CD's") for approval.
Upon the approval of the 90% 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,
D/B Contingency Fund, Reimburseable Costs, and D/B Fixed Fee for the complete
design and construction of the entire Project as specified in the 90% CD's; provided
that:
13.1.1 The GMP shall not exceed $ 129,926.00 and include within said GMP
shall be no more than $1,000.00 for Design Services and General
Conditions as previously identified in Section 1.3.1 of this agreement.
13.1.2 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 0 the Project which will include
labor, material expenses, equipment costs, and a reasonable D/B
Contingency Fund. Said D/B contingency fund shall not exceed 5%
of the Hard Construction Costs.
13.1.3 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 exact
amount of subcontract, self preformed work or invoice amount. No
additional D/B markup, handling fees, overhead, or other charges
are to be added or paid except as otherwise set forth in this
agreement. 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.
13.1.4 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 7 of this Agreement. This Contingency Fund will not
be available for: (1) Work required due to D/B's and/or
Contractors/subcontractors 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/subcontractors. 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 reimbursements for any funds used due to errors or
omissions of the Design Consultants.
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13.1.5 D/B shall prepare, with the cooperation of the City, alternate bid
items to assist in meeting the GMP;
13.2 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 GMP") by a sum to be determined at
90% construction documents. GMP shall include the not to exceed amount of $
129,926.00 for General Conditions and Design Services. Said $ 1,000.00 for General
Conditions and Design Services shall not be exceeded unless additional services
are requested pursuant to S 7 above or a change order issued pursuant to S 14.
Unless otherwise expressly provided in this Agreement, D/B GMP 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:
13.2.1 All Design Consultants, including but not limited to architectural,
structural, civil, mechanical, electrical, communications, graphics and
art consultants, landscape architects, and acoustical, audio visual,
lighting, and security consultants.
13.2.2 Estimating, value engineering and construction management;
13.2.3 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;
13.2.4 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;
13.2.4.1
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 anyone
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.
13.2.5 All home-office and field overhead costs of any type including
document control and retention;
13.2.6 All business license costs;
13.2.7 All profit D/B intends to earn under this Agreement.
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13.2.8 All direct and incidental costs incurred by O/B, except for any and all
costs associated with the performance of additional services
requested pursuant to Section 9.
13.3 O/B shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs."
13.3.1 Any reimbursable cost expressly provided for elsewhere in this
Agreement.
13.4 O/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 14:
Chanqe in GMP and Contract Time
14.1 The GMP and Contract Time may only be changed by written Change Order.
Change Orders shall be issued only under the following circumstances:
14.1.1 The City directs O/B to perform Additional Services or City Changes
as provided in Section 9.
14.1.2 For reasons expressly provided elsewhere in this Agreement.
14.2 The following procedure shall be followed for the issuance of Change Orders:
14.2.1 Upon the occurrence of any event that gives.rise to a Change Order,
O/B shall give the City notice of the same with 5 days. O/B shall not
proceed 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.
14.2.2 Unless otherwise directed by the City Representative in writing,
before proceeding with any Change Order work O/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 O/B Fixed Fee, Reimbursable Costs
or Hard Construction Costs. O/B shall also provide City with a
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realistic estimate of the impact, if any, the Change Order will have
on the Contract Time.
14.2.3 Upon submission of the detailed estimates by the O/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 O/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.
14.2.4 In the event there is any disagreement or dispute between the
Parties as to whether the O/B is entitled to a Change Order or the
amount of the Change Order, the matter shall be resolved in
accordance with Section 33. O/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.
14.2.S 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 1S: PavmentTerms
1S.1 O/B shall submit certificate and application for payment to the City for Phase
I, II, III and IV services as follows:
1S.1.1 Monthly Progress payment based upon work completed as
determined by the City.
1S.2 O/B shall provide all services for the GMP. D/B shall submit certificate and
application for payment to City on or before the Sth day of each calendar month for
Phase III and IV services. The monthly payment application shall be based upon the
percentage of completion of the Schedule of Values plus any Reimbursable Costs,
less any payments previously made by the City and subject to the receipt of
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I
I
I
I
I
!
"
:1
:1
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.
15.3 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.
15.4 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.
15.5 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.
15.6 Subject to Sections 15.8, City shall pay D/B the ten percent (10%) retention
being withheld pursuant to Sections 15.2, and 15.5 as part of the "Final Payment" to
D/B. Final Payment will be made thirty-five (35) days after Final Completion.
15.7 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.
15.8 In lieu of withholding retention under this Agreement, at the election of O/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.
Section 16: Proiect Completion
16.1 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 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
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have been initially tested, and are operationally functional, subject only to final
testing, balancing and adjustments and normal Final Completion punch list Work.
16.2 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 DfB 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 DfB.
16.3 DfB shall provide City with a Certificate of Completion, 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.
16.4 DfB shall provide five sets of City final record drawing documents at the end
of construction and one copy in electronic format ("As-Built Drawings") and one copy
of reproducible 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.
16.5 DfB 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 DfB's filing protocol.
Section 17: Contract Time
17.1 The "Contract Time" shall be the number of calendar days stated in Section 1
for DfB to achieve Substantial Completion.
17.2 "Time is of the essence" with regard to Contract Time and all milestones
listed in the Project Schedule (Exhibit 2).
17.3 The Contract Time may only be changed by a Change Order as set forth in
Section 14.
17.4 Further, an extension in Contract Time will not be granted unless DfB can
demonstrate through an analysis of the Project 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 DfB, 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
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Contract Time, despite D/B's reasonable and diligent actions to guard against those
effects.
17.5 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 18: Late Completion
18.1 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 17.3. 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, the following
amounts which D/B expressly agrees are "not unreasonable under the
circumstances" as defined in California Civil Code S 1671 (b): $100 for each calendar
day. Liquidated Damages shall not be assessed after the date on which Substantial
Completion is achieved pursuant to Section 16.
Section 19: Riqht to Modifv Work
19.1 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).
19.2 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 20: Intentionally Omitted
Section 21: Work Bv 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. D/B's work shall take priority
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over the City Contractors; but the Parties will use their best efforts to coordinate their
work so as to minimize the disruption to each other's work and to allow City
Contractor to proceed expeditiously,
21,2 lfthe 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 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 D/B 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 andlor 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 priorto 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,
22,3 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,
22,3,1 D/B is to provide City one (1) set of operating and maintenance data
manuals, fully bound and indexed, warranties, guarantees, and
bonds,
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22.4 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
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.
22.5 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
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 if mutually agreed upon by the parties. 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
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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-Assiqnabilitv
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.
Section 25:
Indemnification
25.1 General Requirement. Except for liability for Professional Services covered
under Section 25.2, to the fullest extent permitted by law, D/B shall defend,
indemnify, protect and hold harmless the City, its elected and appointed officers,
agents, employees, consultants, and volunteers (collectively "Indemnitees") from
and against any and all claims, demands, causes of action, costs, expenses
(including without limitations, reasonable attorneys'/consultants' fees), liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death,
occurring in any manner, arising out of, incident to, or in connection with any alleged
acts, omissions, negligence, or willful misconduct of D/B, its officials, officers,
employees, agents, contractors, and suppliers or anyone directly or indirectly
employed by any of them or anyone for whose acts they may be liable (collectively
"Indemnitors"), associated with the performance of the Defined Services or this
Agreement. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the
Indemnitees, which may be in combination with the active or passive negligent acts
or omissions of the Indemnitors or any third party.
25.2 Professional Services. For those professionals who are required to be
licensed by the state (e.g. architects, landscape architects, surveyors and
engineers) ("Design Professionals"), D/B shall defend, indemnify, protect, and hold
the Indemnitees free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property
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or persons, including wrongful death, occurring in any manner arising out of,
pertaining to, or relating to any negligence, errors or omissions, recklessness, or
willful misconduct of Design Professional, its officials, officers, employees, agents,
and contractors arising out of or in connection with the performance of the Design
Professional's Services. Also covered is liability arising from, connected with,
caused by, or claimed to be caused by the active or passive negligent acts or
omissions of the Indemnitees, which may be in combination with the active or
passive negligent acts or omissions of the Design Professional, its employees,
agents officers, or officials, or any third party. This section in no way alters, affects
or modifies the Design Professional's obligation and duties under this Agreement.
25.3 Sole Negligence or Willful Misconduct. The D/B's duty to defend, indemnify,
protect and hold harmless under Sections 25.1 and 25.2 shall not include any
claims, damages, liability, costs and expenses arising from the sole negligence or
sole willful misconduct of the Indemnitees.
25.4 Hazardous Materials. The D/B agrees, notwithstanding the above to the
fullest extent permitted by law, to indemnify, defend, and hold harmless, the
Indemnitees 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 handling, removal, abatement, capping,
migration (after handling, removal, abatement or capping) 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 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.
-25.5 Indemnification for Liens and Stop Notices. The D/B shall keep the Project
and Property free of any mechanic's liens and immediately secure the release of
any stop notices. The D/B shall defend, indemnify, protect, and hold harmless, the
Indemnitees from and against any and all liability, claims, costs, and damages,
including but not limited to, attorney fees, arising from or attributable to a failure to
pay claimants. D/B shall be responsible for payment of all persons entitled to assert
liens and stop notices.
25.6 Costs of Defense and Award. Included inthe obligations in this Section 25 is
the D/B's obligation to defend, at D/B's own cost, expense and risk, any and all
aforesaid suits, actions or other legal proceedings of every kind that may be brought
or instituted against the Indemnitees. D/B shall pay and satisfy any judgment,
award or decree that may be rendered against Indemnitees, for any and all legal
expense and cost incurred by each of them in connection therewith.
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25.7 Insurance Proceeds. D/B's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the Indemnitees.
25.8 Enforcement Costs. D/B agrees to pay any and all costs Indemnitees incur
enforcing the indemnity and defense provisions set forth in this Section 25.
25.9 Survival. Consultant's obligations under this Section 25 shall survive the
termination of this Agreement.
Section 26:
RiGht to Terminate and Suspend Work
26.1 ArchaeoloGical and PaleontoloGical 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.
26.1.1 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.
26.1.2 D/B shall be entitled to an exterision of time and compensation in
accordance with the provisions of this Agreement.
26.2 Termination of AGreement bv City for Cause. If, through any cause, 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
five (5) days before the effective date of such termination. 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.
26.2.1 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.
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26.2.2 If the cost to complete the Project exceeds the balance, which
would have been due, D/B shall pay the excess amount to City.
26.2.3 Riqhts 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.
26.2.4 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.
26.3 Termination for Convenience bv 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, including reasonable
demobilization costs, 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.
26.3.1 Records and Documents Relatinq 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.
26.4 Upon receipt ofthe 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.
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26.5 Payment to OfB Due to Termination - OfB 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 proportional to the percentage of work satisfactorily
completed. However, the agreedamount, exclusive of costs shown in section 26.9
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, OfB shall only be entitled to the Fees for Phases I, II, or III, or a portion thereof,
and no amount for Phase IV OfB Fixed Fee, except for Phase IV OfB fixed fee
proportional to the percentage of work satisfactorily completed and authorized
pursuant to Section 6.
26.6 Failure to Aqree on Payment - If OfB and City fail to agree on the whole
amount to be paid because of the termination of Project, City shall pay OfB the fair
and reasonable amounts determined in good faith by City as follows, but without
duplication of any amounts agreed to above:
26.6.1 The price for completed services accepted, including any retention,
by City not previously paid;
26.6.2 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;
26.6.3 A portion of the OfB Fixed Fee (overhead and profit) based on the
percentage of Work completed on the Project; however, if OfB 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;
26.6.4 OfB 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 OfB;
26.6.5 Under no circumstances will OfB be entitled to any consideration for
lost profit or lost opportunity costs.
26.7 If O/B does not agree that the amount determined by the City Manager is fair
and reasonable and if O/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.
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26.8 Payment for Property Destroved. Lost. Stolen or Damaqed - 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.
26.9 Deductions -In arriving at the amount due D/B under this section, there shall
be deducted:
26.9.1 Any claim which City has against D/B under this Agreement; and
26.9.2 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.
26.10 Termination of Aqreement bv D/B
26.10.1 D/B may terminate the Agreement upon ten (10) days written notice
to City, whenever:
26.10.1.1 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,
26.10.1.1 City should fail to pay D/B any monies due it in
accordance with the terms ofthis Agreement and within
ninety (90) days after presentation to City by D/B of a
request therefore, unless within said 1 O-day period City
shall have remedied the condition upon which the
payment delay was based.
26.10.2 In the event of such termination, D/B shall have no claims against
City except for those claims specifically enumerated in Section 26.9,
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
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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 Judqment
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 act as
an agent on behalf of City unless specifically authorized to do so by City in writing.
Section 29:
Maintenance of Records and Accountinq
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.
Section 30:
Ownership of Documents
30.1 All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to
private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the
provisions of the Public Records Act), distribute, and otherwise use, copyright or
patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
Section 31 :
Force Maieure
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
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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 Project Schedule, has incorporated three (3) 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.
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 five (5) working days after Party
becomes aware of such delay or failure.
31.4 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 In the event the D/B or any other party encounters 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 andlor remove the hazardous or toxic materials, and
warrant that the Project Site is in full compliance with applicable laws and
regulations.
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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 14. City shall make a determination on D/B's request in writing within 7 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 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 If D/B disagrees with City's 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.
33.4 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 hereunder shall 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:
City Attorney
276 Fourth Avenue
Chula Vista, CA 91910
Tel: (619) 691-5037
Fax: (619) 409-5823
Department of General Services
Building and Park Construction
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1800 Maxwell Road
Chula Vista, CA 91911
Tel: (619) 397-6070
Fax: 619) 397-6250
(ii) To 0/8:
Telliard Construction
740 Amiford Drive
San Diego,Ca 92107
Tel: 619-224-4725
Fax:619-224-0159
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 Severabilitv: 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.
35.3 Entire Aqreement: 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 other written 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 Draftinq Ambiquities: 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
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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 Chula Vista, 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 HeadinQs: 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
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 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.
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35.13 Exhibits and Glossary of Terms: All Exhibits and Glossary of Terms are
incorporated herein by reference into this Agreement.
35.14 Third Party Beneficiary: Nothing within this Agreement shall create a
contractual relationship between the City and any third party.
[NEXT PAGE IS SIGNATURE PAGE]
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SIGNATURE PAGE TO
DESIGN/BUILD AGREEMENT
CITY OF CHULA VISTA
Cheryl Cox, Mayor
Telliard Construction
By: /J~~
David Telliard Sr.
By:
ATTEST:
Donna Norris, City Clerk
Approved as to form by:
Bart Miesfeld, City Attorney
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GLOSSARY OF TERMS
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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, 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 (#) 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 (Section
Numbers).
City. City shall refer to the City Representative, Agent andlor City Inspection
Representative.
City Representative. (City Contact) 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.
Construction Documents. D/B's architectural, structural, mechanical, electrical,
plumbing plans and details as well as the plans showing installation of major systems,
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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.
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.
DIB 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 (#) of this
Agreement.
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 (#).
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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 tobe 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").
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, 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 1 00%
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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 (if applicable). 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 8 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 9 of the Agreement, the cost of all necessary permits obtained by D/B for the
Project pursuant to Section 3.1.10 of the Agreement, the costs of subsurface investigations
performed pursuant to Section 3.1.14 of the Agreement, costs for extension of warranties
pursuant to Section 20 of the Agreement, and Safety Program pursuant to Section 90fthe
Agreement.
Small Tools. Mobile items less than $1500 in total value.
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.
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efIY OF
CHULA VISTA
REQUEST FOR PROPOSAL (RFP)
TO PROVIDE.
DESIGN BUILD SERVICES FOR
THE DESIGN AND INSTALLATION OF
SHADE STRUCTURES AT ROHRPARK
IN THE CITY OF CHULA VISTA, CA
THIS IS A PREVAILING WAGE PROJECT
REP ISSUED:
July 23, 2009
SUBJlfIIIALSARE DUE BY:
August 13, 2009
2:00P.M.
City of Chula Vista
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
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TABLE OF CONTENTS
I. INTRODUCTION.. ............ ......... .... .......... ....... ...... .......... ..... ........... ............. ........... ........ . !
II SCOPE OF SERVICES ................................................................................................... .2
A. Project Control (All Phases).......................................................................................... 2
B. Design Phase Services ........ ............... ... ........... .......... '" ......... ... ...... ............... ....... ..... .... 2
C. Construction Phase Services ..............................................................................:..........4
D. Operations and Startup Phase Services ......................................................................... 5
III DESIGN BUILDER SELECTION PROCESS.................,..................................6
IV REQUEST FOR PROPOSALS SCHEDULE.................. ...................................7
V PUBLIC DISCLOSURE................ ........ :.................. ........... ....... ...... ...........7
VI SUBMITTAL REqUIREMENTS............................ ............. .............. ...........7
VB CONTRACT TERMS AND CONDITIONS.......................................................9
ATTACHMENT] ':'INFORMATIONAL DRAWINGS................................................! I
ATTACHMENT 2 ~ SAMPLE DESIGN/BUILD CONTRACT AND GLOSSARY
OF TER.l\1S............. ............. ........................ .................... ...12
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The following Request for Proposal (RFP) pertains to the design, construction and
installation of three concrete slabs; shade structures, walkways, picnic tables and associated
park fixtures. Firms with design build experience are being solicited to present proposals for
review. Based upon the submitted information, qualified candidates may be interviewed and
a responsive proposal may be considered for the project as permitted by the City's Design-
Build Ordinance.
L L"ITRODUCTION
The City of Chula Vista is circulating this RFP to firms qualified to provide design build
services to the City with: design services, value engineering, programming, construction
management for the design and installation of three shade structures and associated
equipment at Rohr Park in the City ofChula Vista. The City currently has a proposed budget
of $ 124,000,00 for design and construction phases of the project
All DBT members shall be licensed and registered with the State of California, as required.
This RFP document describes the typical elements of a project, the required scope of
services, the selection process, and the minimum information that must be included in the
proposal submittaL
This RFP is intended to allow for the following scenario:
o DB will combine work efforts with the City's current management tearn that has
previously prepared the planning and/or conceptual documents.
This RFP does not commit the City to award a contract, to pay any costs incurred in the
preparation of submittals to this request, or to procure or contract for services or supplies,
The City reserves the right to accept or reject any or all submittals received as a result of this
request, to negotiate with any qualified source, or to cancel in part or entirely the RFP,
The City reserves the right to reject any or all proposals in the City's sole discretion at any
time prior to an award.
II SCOPE OF SERVICES
The DBT shall design and install the shade structures, walkways and equipment to comply
with all the applicable federal, state and local laws, including the American's with
Disabilities Act-Accessibility Guidelines (ADAI\G) and Title 24 of the California Code of
Regulations.
A, Project Control (All Phases)
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The DBT shall develop and implement the following Project Management Plan and
Procedures:
1. Monthly project status reports (including schedule and budget updates)
2. Coordination/interface with the City and its other consultants/contractors
3. Progress meetings
4. Interface and communicate with other agencies, as directed by the City.
5. Vendors and subcontractors management
6. Document control
7. Schedule and budget control
8. Quality assurance and 'quality control
B. Design Phase Services
Utilizing the City's required standard specifications, facility program requirements, Federal,
State and local laws, and City performance and design criteria, approved planning documents
(if available), and reports that will be identified in the Design/Build contract, for a typical
project, the DBT will:
1. Prepare design development and construction drawings and specifications
suitable for obtaining City approval and issuance of permits to allow for
construction.
2. Complete the design/ layout for all elements of the projects, including but not
limited to: landscape architectural, architectural design, civil engineering,
structural engineering, mechanical design; electrical design and any specialty
consulting area as appropriate to this project.
3. Conduct site surveys and soils investigations to the extent necessary for final
design. Prepare cost estimates throughout all phase of project development.
4. Perform a value-engineering review to reduce costJand or add val ue, utilizing
all team members and City resources. The goal is to m3,'cimize the quality
of construction at a cost equal to or below the Project Budget.
5. Establish a Critical Path Method (CPM) Construction Schedule. Monitor and
update to keep the proj eet on schedule.
6. Establish a bidding strategy. Identity, contract, and procure long lead items.
Create early bid packages where applicable.
7. Provide construction cost c;ontrol estimates during the design to support value
engineering and constructability reviews.
8. Identity all permit requirements and prepare applications and support
documents necessary for obtaining all permits. Permit fees are not a part of
the cost of construction of the project.
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9. The DBT shall be required to provide a cost estimate that will be used to
establish a Guaranteed M",,,imum Price (GMP). Any savings at the end of
the project will be deducted from the GMP and returned to the owner.
10. During the bidding of the Project, the DBT shall:
a. Create appropriate subdivisions of work that reflect the major items
of work.
b. Secure complete and competitive bids for each package.
c. Receive and resolve all RFl's and bid questions.
d. Provide cost spreadsheets which compares actual bids to cost
estimates.
C. Construction Phase Services
The DBT shall construct the facility in accordance with the informational drawings
(Attachment 1), specifications (Pat! 2), and associated permits. The DBT shall also:
1. Conduct weekly team meetings with the City and appropriate design team
members during the course of construction to review the status of the project.
2. Ensure the workmanship and materials provided are in accordance with the
Project Specifications and the Architects meet or exceed quality construction
industry standards for this type of work.
3. Provide list of required shop drawing submittals. Review shop-drawing
submittals for teclmical and code compliance. Provide copy to the City for
review and comment.
4. Provide resident engineering, contract administration, and inspection staff,
including specialists necessary for the functional, safe, on budget and on-
schedule completion of the Project, statting with the issuance ofa Notice to
Proceed from the City and extending through issuance of Notice of
Completion and Acceptance. City staff will also perform inspection to verifY
compliance with the plans and specifications, permits and contract
documents.
5. Ensure constnlction compliance with applicable local, state, and federal
codes, building and environmental permit requirements, and construction
mitigation documents and enforcement of the Contract Documents.
6. Purchase and install all necessary equipment and witness all factory and field
component, equipment and system testing as required by the project Contract
Documents.
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7. Provide surveying, and other contracted services as required completing
projects construction. Coordinate City contracted testing and inspection
services during the course of construction.
8. Develop, implement and manage a construction phase Quality
Assurance/Quality Control (QAlQC).
9. Be responsible for preparing the Critical Path Method (CPM) schedule
utilized during the project construction and startup activities. .
10. Implement and maintain an internal records management and document
control system as required to support project operations.
II. The DBT shall develop an on-site Project Safety Plan for review and
approval by the City. The DBT shall administer and enforce the City
approved on-site Project Safety Plan for the Project. The DBT shall monitor
and enforce construction responsibility for safety and health issues relating to
all workers at the Project Site. This shall include workers in direct
employment to the Contractor and workers involved in a subcontracting,
equipment supply, or any other project-related oral or written arrangement
with the DBT.
12. Report accidents, claims, and other on-going safety related issues to the City
in a manner consistent with Citywide reporting systems:
D. Operations and Startup Phase Services
I. The DBT shall prepare, submit for City review and written approval a Project
Startup and Testing Plan for the Project. The DBT shall fully implement the
plan.
2. Provide operation and maintenance manuals for equipment purchase and
installed by DBT.
3. The DBT shall coordinate and expedite record drawings and specifications.
4. The DBT shall prepare final accounting and close out reports.
5. Post Construction: DBT shall coordinate an II-month walk through of the
Project to review guarantee/warranty items. DBT shall coordinate all
corrective work with the responsible parties and the City. The DBT shall
report to the City all guarantee/warranty disputes. The DBT shall proceed to
resolve such disputes after having submitted to the City for review and
approval the DBT's approach for obtaining resolution of the dispute.
III DESIGN BUILDER SELECTION PROCESS
Candidates wiiI compete first on the basis of experience, design talent, past performance,
resources, construction and management skills. Selected DB may be requested to coordinate
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and negotiate with a City appointed design team that will be involved in the
planning/conceptual design of the project. Contracts will be awarded in accordance with
the Chula Vista Municipal code and the Design/Build ordinance as outlined in Section .257
of the Chula Vista Municipal Code.
IV REQUEST FOR PROPOSALS SCHEDULE
The following schedule applies to the solicitation, receipt and evaluation of the SOQ and the
selection of the DB. This RFP schedule is subject to modification in the City's sol~
discretion:
Advertise and Issue RFP
SOQ Submittals Due
City may Interview Qualified Candidates
City Council Certifies DB
July 23, 2009
August 13, 2009
August 18, 2009
'September 2009
V PUBLIC DISCLOSURE
Under the California Public Records Act Under the California Public Records Act
(California Government Code Section 6250 et seq.) records in the custody of a public entity
generally have to be disclosed unless the information being sought falls into one or more of
the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The
cover letter of the submittal should contain a paragraph that states whether or not DBT
believes that its submittal does or does not contain information that falls into one of the
exemptions of Government Code Sections 6254 through 6255 and whether or not DBT
considers such information to be confidential.
In the absence of a declaration, City may be obligated to disclose proposal to any party that
requests it. Regardless of assertions of confidentiality, proposal contents may still be
disclosed if City, or a court with jurisdiction, determines that such proposal is a public record
requiring disclosure.
VI SUBMITTAL REQUIREMENTS
The submittal deadline is August 13,2009 no later than 2:00 P.M. (PST) at the City of
Chula Vista, Public Works and Engineering Department 276 Fourth Avenue Building 200
Chula Vista, CA 91910
1. Three (3) single-spaced copies, no more than 20 pages plus attachments in
length excluding exhibits and appendices, are required for submittal.
Submittals should be as brief as possible, while adequately describing how
the DBT will approach the design build work program. Proposal creativity is
5
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encouraged, but extravagance in proposal style and fOffilat is discourage.
Statement of Qualifications (SOQ) shall include:
A letter of interest
Summary of Qualifications
Design Build fee structure
Resume (of key DB members)
Client References
Schedule of Rates
2. The submittal should focus on previous experience on public projects.
3. The submittal shall also provide the name, title, address, and telephone
number ofindividual(s) with authority to negotiate for the candidate and also
who may be contacted during the period of submittal evaluation.
4. Statement of the OBrs ability, if selected, to enter into a City contract with
the City ofChula Vista, and ability to avoid conflicts of interest on this or any
other public or private projects.
5. Other Information
a. Description of insurance coverage for prime respondent and co-
venture partner(s) (types of coverage and policy limits, deductible,
exclusions, and outstanding claims).
b. Description of in-house resources for prime respondent and co-
venture partner(s) (i.e., computer capabilities, software applications,
model protocol, and modeling programs, etc.)
c. Respondents should provide, on a strictly confident basis, the
following infonnation:
I) Copy of tinan cia I statements submitted to the IRS for the last
three years
2) List of projects completed in the last year
3) List of projects currently under development, or construction
with status, development schedule and financial commitment
4) List of projects currently involved in litigation or unresolved
claims for the contract
I
7. Incomplete submittals, incorrect information, odate submittals may be cause
for immediate disqualifications. :
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VII CONTRACT TERMS At'lD CONDITIONS
City retains the right to reject any or all submittals. All respondents should note that the
execution of any contract pursuant to this RFP is dependent upon the approval of the Chula
Vista City Council in its sole discretion.
Selection is also dependent upon the negotiation of a mutually acceptable contract with the
. successful respondent. The contract shall be prepared on a form acceptable to the City. The
form of compensation shall be negotiated. The City reserves the right to propose a variety of
compensation structures, including: I) time and materials not to exceed, 2) guaranteed lump
sum, and 3) percentage of project costs.
City reserves the right on a project specific basis to request insurance including but not
limited to increased limits of Liability coverage, CA admitted carriers A.M. Best rated no
less than A V, Additional Insured Endorsement which does not exclude Completed
Operations, Excess Liability, Pollution Liability, E&O I Professional Liability Extended
Reporting Period excess of 2 years, Completed Operations Coverage of up to ten years,
Contractor Controlled or "Wrap Up" Insurance Program, Bonds.
Each submittal shall be valid for not less than one hundred and twenty (120) days from the
date of receipt. The firm(s) selected to perform the work described in this RFP will be
required to provide minimum evidence of insurance as follows:
1. Commercial General Liability insurance, [SO CG 000 I Clccurrence form,
with limits of not less than $1,000,000 per occurrence per project. Policy to
include endorsement naming City of Chula Vista, its officers, officials,
employees and volunteers as Additional Insured against all liability of the
DB, its subcontractors, and its authorized representatives, arising out of, or in
connection with, the performance of work under the contract with the City.
Policy is to be endorsed to state it is Primary to any other insurance available
to the City ofChula Vista and that insurer will provide THIRTY (30) days
written notice to the City Clerk of the City of Chula Vista of cancellation or
material change,
2. Commercial Automobile Liability Insurance, ISO CA 0001 form, Any Auto
code, with a combined single limit of not less than $1,OOO,OOO,_covering
bodily inj ury and property damage for owned, non-owned and hired
automobiles, and name the City, its officers, officials, employees and
volunteers as additional insured's.
3. Workers' Compensation and Employer'S Liability insurance, for all
employees who are normally engaged in Work at the Project Site, with
Statutory Limits for Workers' Compensation and not less than Employer's
Liability limit for Bodily injury by Accident $1,000,000, each accident,
Bodily Injury by Disease $1,000,000, Bodily Injury by Disease $1,000,000.
7
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A Waiver of Subrogation shall be endorsed to the policy naming the City of
Chula Vista.
4. Professional Liability insurance shall be required of said flrm for professional
liability or errors and omissions insurance with a per claim limit of not less
than $1,000,000 for services performed by the Design contractors and any
subcontractors performing design services.' The policy shall contain an
extended reporting period of not less than 2 years.
5. Builder's Risk Property Insurance may be provided by the DB. The DB will
add the City, its officials, officers, employees and volunteers as Loss Payee.
The insurance shall waive any right of recovery under subrogation for those
insured under this policy. The limit is to reflect full replacement cost of hard
cost construction values. Perils are to be all risk excluding Earthquake and
Flood. Perils are to include any transportation risk but is to exclude any
equipment, machinery, tools, or property of similar nature, owned, rented or
used by DB or contractors.
,6. Other Provisions. 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:
a. Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or materials reduction in coverage.
b. 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 certificate.
c. Throughout the life of the Agreement, each and every contractor of
any tier shall pay for and maintain in full force and effect, with an
insurer authorized by the California Insurance Commissioner to do
business in the State of California, the policies evidenced herein.
The City reserves 'the right to modify the insurance requirements or to substitute project
insurance during contract negotiations.
Bonds may be required for individual projects as required by City Policy.
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VIII PREV AlLING WAGE
Contracts to be awarded from this RFP process are subject to the payment of prevailing
wages to anyone performing work in a covered work classification.
Federal Prevailing Wage Rate Determinations are subject to any "Modifications" to those
wage determinations issued by the U.S. Department of Labor ten (10) working days before
the Proposal due date.
End 0./ Request.for Proposals
9
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PART 2
SPECIAL PROVISIONS - TECIL'I'ICAL
2-1 WORK TO BE DONE
The general scope oflhe project is the installation of three (3) new shade structures, three (3)
concrete pads, an ADA compliant walkway, eight (8) pre-cast concrete table sets, eight (8) trash
receptacles, two (2) square hot coal receptacles, two (2) standard and one (I) heavy duty park grill.
Remove and dispose of old shade structures, concrete pads and grills as directed by City staff.
The work to be done includes all labor, material, equipment, transportation, interaction with sta!fand
scheduling necessaty for the project as described in these documents.
The completed projects will be turn-key and work in general includes, but is not limited to the
following: an all new installation as outlined in, but not limited to the specifications listed below, the
existing structures and pad removal which will include protection of all existing related irrigation
components, disposal as directed by staff of removed equipment, installation of the new equipment
and construction of all appurtenances and other work as may be necessary to render the above
improvements operational when the project is considered complete.
The items are to be constructed or finished and installed in a complete and workmanlike manner, in
accordance with the plans, "Greenbook 2006" Standards and Specifications. Bidders must have a
valid certification from the California State Contractors License Board as an (A) Engineering or a
General Contractor (B). No other single license classification will be accepted.
Such other items or details not mentioned above, that are required by the Manufacturers
Recommendations, Specifications, or these Special Provisions, shall be performed, placed,
constructed or installed as required for completelv installed components.
o Provide all necessary information, design, stamped drawings and engineering
backup for a proper installation of one (1) Polygon SQ40 wi Multi-Rib Metal
Roof and Powder Coat Frame and two (2) Polygon SQ24 wi Multi-Rib Metal
Roofand Powder Coat Frame, or equal.
(Americana Building Products Navajo Tubular, or leon Shelter Systems).
o Remove old slab structures and install approx 2796 Sq. Ft of new concrete slab
with a broom finish and hold-down bolts as required by the shelter
manufacturer and engineer.
o Install approx 240' x 5' x 4" thick walkways to the shelters, includes removal
of old concrete and repair of the irrigation system if damaged by the walkway
installation. Walkway location, length, and tie into existing ADA compli3l1t
walkway TBD before installation. An ADA ramp to the existing parking lot
may be required.
o Provide and Install two ( 2) Standard Park Grills ( Miracle # 1104) and one (I)
10
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Heavy Duty Park Grill (Miracle 1104-8) or equal.
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o Provide and Install five (5) US Concrete 1- pc picnic table sets, 8' top (TS8-
IPC) and three (3) handicap table sets (TS8-IPC-HC) or equal.
o Provide and install two (2) hot coal units (HCR42S) wi Chula Vista logo in
blue or equal.
o Provide and install eight (8) trash receptacles and kits (TR2 7RM-CV-D/K )wl
Chula Vista logo in blue) or equal.
o All landscaping and turf in the work areas is to be returned to its original
condition as it was found prior to construction.
11
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ATTACHMENT 1
INFORL"lA TIONAL DRA Wlt'lGS
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ATTACHMENT 2
SAMPLE DESIGN/BUILD CONTRACT At"D GLOSSARY OF TERMS
NOTE: The attachment is the City ofChula Vista's generic two party design build agreement. It
will be modified slightly to reflect the RFP requirement related to scope and establishment of
GMP. Exceptions are to be clearly noted in the RFP response in writing, referring the page and
paragraph number. The Section regarding Insurance requirements (and indemnification) is the
Citls standard insurance and indemnification policy and is not open for negotiation.
13
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EXHIBIT 2
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4-88
EXHIBIT 3
C:\Oocuments and Settings\gordond\Local Settings\Temporary Internet Files\OLK5\Telliard dba gardon dmedits.doc I I I
4-89
SCHEDULE OF RATES
Telliard Construction
740 Amiford Dr. San Diego, CA 92107
REVISED 9-1-09
Aaencv: City of Chula Vista
Project: Design Build Shade Structure at Rohr Park
Item # Description TOTAL Notes
1 DIRECT COSTS
2 Demolition and Gradino $4,614.00
3 Large Shade Structure - Poligon $53,040.00
4 Two Small Shade Structures - Po ligon $31,440.00
5 4 inch Concrete Slab on compacted native soil $11,520.00
6 4 inch Concrete Walkways on compacted native soil $7,792.00
7 2 Standard Grills - Miracle $996.00
8 1 Heavy Duty Grill - Miracle $888.00
9 5 Picnic Tables without antigrafiti coating - U.S. Concrete. $7,200.00
10 3 Handicap Accessible Tables no antigrafiti - U,S. Concrete $4,080.00
11 Hot Coal Units - U.S. Concrete Products $1,80000
12 8 Trash Receptacles - U.S. Concrete Products $0.00
13 Total Direct Cost $123,370,00
14
15
16
17 INDIRECT COSTS
18 Insurance $2,956.00 see previous sheet
19 Performance and Pavment Bonds $2,60000 see previous sheet
20 Design $1,000.00 see previous sheet
21 Total Indirect Cost $6,556.00
Total Bid $129,926.00
C)
'"
I
<t'
EXHIBIT 4
C:\Documents and Settings\gordond\Local Settings\Temporary Internet Files\OLK5\Telliard dba garden dmedits.doc IV
4-91
740 Amifurd Dr.
San Diego, CA 92107
Phone: 619-224-4725
Fax: 619-224.Q159
Telliard Construction
August 11, 2009
City ofChula Vista
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
LETTER OF INTEREST
Ladies and Gentlemen,
This letter is in response to the Request for Proposal, Design Build Services of
Shade Structures at Rohr Park. We would like to be considered as design build
contractors for this project. Please review the following proposal detailing our
Qualifications, Desi~ fees, Resume of Key Players, Client references, and Schedule
offees:
The shade structure project suits 'Our company very well. We have previously
completed site improvements and installiLtion of six shade structures for the City of
Sari Diego. These projects were very similar in nature and can show that we will
provide a quality end product. Our forces performed all of the tasks necessary for
these structures to be built with minimal damage to the existing park. Following the
turf establishment period these areas fit into the parks like they were always there.
Telliard Construction would like to thank the City ofChula Vista for inviting us
to this bid. We would very much like to work with your staff on this project. The
shade structures will be a great public improvement, and will benefit the people of
your community.
Sincerely,
J/R-/~
David Telliard Jr.
Project Manager
4-92
TELLIARD CONSTRUCTION
740 Amifurd Drive
San Diego, Co. 92107
(619) 224-4725 Fax (619) 224-0159
sUNIMARY OF QUALIFICATIONS
RESUMES OF KEY MEMBERS
'.:
4-93
TELLIARD CONSTRUCTION
740 Amiford Drive
San Diego, Ca. 92107
(619) 224-4725 Fax (619) 224-0159
CITY OF CHULA VISTA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
SUBJECT: RFQ DESIGN BUlLD SERVICES FOR THE DESIGN AND CONSTRUCTION
FOR THE CITY OF CHULA VISTA
TO WHOM IT MAY CONCERN,
TELLlARD CONSTRUCTION IS A F AM1L Y OWNED BUSINESS AND HAS BEEN DOING
PUBLIC WORKS PROJECTS SINCE 1988.
OUR LICENSE CLASSlFlCA TIONS ARE 'A' 'B' 'CIO' C27' HAZARDOUS AND ABESTOS
CERTIF1CATIONS.
WE ARE KNOWN FOR GETTING PROJECTS DONE EFFICIENTLY AND COMPLETED
ON SCHEDULE.
WE WOULD LIKE TO THE OPPORTUNITY TO BE PUT ON YOUR LIST OF
CONTRACTORS TO BID PROJECTS FOR THE CITY OF CHULA VISTA.
,
SINC~LY, t
~"<-A.,){a0:4cP
/bA VID TELLlARD SR.
"
4-94
TELLIARD CONSTRUCTION
740 Amifcrd Drive
San Diego, Ca. 92107
(619) 224-4725 Fax (619) 224-0159
ORGAJ'ITZATIONAL CHART FOR PROJECT TEAM
DAVID TELLIARD SR.:
BIDDING PROCESS
SCHEDULING OF SUB CONfRACTORS
LINING UP EQUIPlYIENT AND SUPPLIES
DAVID TELLIARD II
ON SITE SUPERINTENDENT
CHRIS 1ELLIARD
ON SITE FOREMAN
4-95
TELLIARD CONSTRUCTION
740 Amiford Drive
San Diego, Ca. 92107
(619) 224-4725 Fax (619) 224-0]59
CONSTRUCTION EXPERENCE OF THE STAFF OF TELLL"-RD CONSTRUCTION:
DAVID TELLIARD Sit.
IS THE OWNER OF THE COMPANY AND HAS HAD HIS CONTRACTORS
LICENSE SINCE 1974. CLASSIFICA nONS A, B, CIO, C27, HAZARDOUS
AND ASBESTOS CERTIFICATES.
DA VlD TELLIARD II
CHRIS TELLIARD
IS THE ONSlTE SUPERINTENDENT. HE HAS A DEGREE IN BACHELOR
OF SCIENCE, CONSTRUCTION MANAGEMENT. CALIFORNlA STATE
UNIVERSITY, CHICO
FOREMAN HAS BEEN IN THE TRADE FOR FOURTEEN YEARS. HOLDS
A CONTRACTORS LICENSE. A CLASSIFICATION
SUSAN TELLlA..'ill
OFFICE MANAGER FOR FOURTEEN YEARS AND HAS HER OWN B
GENERAL CONTRACTORS LICENSE SINCE 1995
4-96
Check a License or Home Improvement Salesperson (HIS) Registration - Contractors StaL.. Page 1 of 1
Department of Consumer Affairs 9;2~.s
Contractors State Liceft~e'Board
~/
contractor's License Detail - Ucense # 292472
&. DISCLAIMER: A license status chef:k provides information taken from the CSlB license database. Sclara
relying on this info.rnultion, you stJoukf 00 awara af the following li1llitatiollS.
_;~ CSLB complaint disclosure is reslrided by law (B.~P...I.12.~)i). If this entity ts .su~ct to publicwmpl'aint dlsdosure, a tlnk
i:lr complaint disclcsurn wilt appear below. Clidt on th~ link or butlcn 't] obtain complair.t andlnr legal action Infcnnation...
~'} Per ~&:E2.9Il-l? amy consti1..ldicn refa.led ciwjudgments reported to tl1eCSLB are disclosed.
_::;;. !lJ"bitrations are not listed unless 'lhe contrador fails tD cornpry' wilh the terms of the arbib'atian.
-7) Due to worKload. there may be refevant information that has not yet been entered Of'llo the Board's dcense database.
Business Information:
292472 Extract Date: 0210512009
._---,~._---~_.~---_.__.-.-._.~---_. .....-..--.-..."---.----....--.....-.-,------.--.-..
TELLlAAD CONSTRUCTION
740 AMIFORD DR
SAN DIEGO. CA 92107
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This ~~nse ~,~~.~n~ .~~:..~~~ .~~orm~~.':'_~~..~~u[d be re~~~_~.:._......
Ucense. Numb9r.
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Issue Date:
....-.......,... .......-.
.~~I~,~~.
Ucanse Status:
Ctassificatlons:
CLASS
A
S
DESCRlPTlON
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Certifications:
CERT DESCRIPTION
ASS J!"Bg'31<?J~.:. (fQ(b~g ptJ'!"'"". only).
.~"..=.=_.J~~!2a\i.~;~~~l.~~CJ;~~~,~~.::tc..
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Woncers" Compensation:
CONTRACTOR'S BeND
This license filed Contr'acto(sBnnd number421811Cin the amount of$12,SOO with the
boming company
!l'!OE~J.1lJ~LC,OMI:'.~~.9EJ:;~!E0J3.NlA..
Effedlve Data: 01/01J2007
~~~::~~~:~:~~~E~~~~'l....:..o:.-;.,~"-'.-.'-. _,'_''''''_'_'_'__'' __:_.....:..._..._c;."......:..~, ;.'.~
~ Ucense has workers compensatIon insurance with the
SI~TE.~9Me..EN.~]IO~.!~~!Jf3~.EBJ.C':!D
Poflcy Number: 044-0019610
Effeettve'Date: 10/01i2000
Explra Date: 1010112009
.. ....~E~~~SqITl~::fl$at!.~:.:tli~~1}'
BondIng:
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Copyright C 200g Slate of California
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21512009
TELLIARD CONSTRUCTION
740 Amiford Dr.
San Diego CA 92107
Phone: 619-224-4725
Fax: 619-224-0159
City ofChula Vista
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
DESIGN BUILD SERVICES FOR SHADE STRUCTURES
ATROHRPARK
Previous Experience on Project Similar to RFP
Telliard Construction bas worked on many' projects similar to the one stated in the
Request for Proposal and are listed as follows;
South crest Park - Play Equipment and Site Furnishings
Mission Bay Parks - 5 Shade Structures and Site Furnishings
Lindberg Park - Play Equipment and Site Furnishings
Claremont Community Park - Shade Structure and Site Furnishings
McCoulick Park - Play Structure and Site Furnishings.
Please look at the following pictures of these projects for a better idea of the size and
scale.
4-98
EXHIBIT 5
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4-99
EXHIBIT 6
C:\Documents and Settings\gordond\Local Settings\Temporary Internet Files\OLK5\Telliard dba gardon dmedits.doc VI
4-100
TELUARD CONSTRUCTION
740 Amiford Dr.
San Diego CA 92107
Phone: 619-224-4725
Fax: 619-224-0159
City ofChula Vista
Engineering Department
276 Fourth Avenue Building 200
Chula Vista, CA 91910
DESIGN BUILD SERVICES FOR SHADE STRUCTURES
AT ROHR PARK
Gordon,
The following are the sections of the contract that we have questions about. Some are
statements that do not pertain to this specific project. Please review'the following and Ict
us know what we need to do to move forward.
Section 3.1.14 - We do not have geotechnical report and we do not believe that one
would be necessary for these structures.
Section 3.1.15 - We did not include Errors and Omissions in our proposaL Please see
note on our Design Build Fee Structure.
Section 3.3.2 - We intend to provide a Project Manager however we did not provide
for a Landscape Architect or Architect in our proposaL All design in our proposal is in
house and Structures are to be designed by manufacturer,
Section 3.6 - Is Photographic Documentation necessary on this size of a project.
Sections 5.1.2.2 thru 5.1.2.9 - These sections are more set up for a building project,
we do intend on providing a site plan and plans for Shade Structures.
Sections 6.1.2.1.2 thru 6.1.2.1.6 - Similarly these sections are describing a building
project.
4-101
Sections 6.1.2.3 thru 6.1.2.14 - These sections are talking about Mechanical,
Plumbing, Electrical and landscape plans. These items are not part of the scope of this
project.
Section 6.5.4 - Will a Master Accounting System be necessary on this size of a
project.
Sections 6.6.5 thru 6.6.8, 6.6.10 - Are these items necessary for this size of a
project?
Sections 6.7.4 thru 6.7.7 - This project is pretty cut and dry, these items are asking
for a search for alternatives etc.
Section 7.1.1 thru 7.1.11- We do not plan on sub contracting any items, and Shade
Structure Manufactures will be treated as vendors.
Sections 7.1.35 thru 7.1.38 - These items are set up for much larger projects.
Section 8 in its entirety - There should be know start up necessary.
Sections 11.3.1.4 and 11.3.1.5 - Errors and Omissions and Builder's Risk were not
included in original proposal, see Design Build Fee Structure.
Section 11.4.1.4 and 11.4.1.5 - Not included in original proposal.
Section 11.6 in its entirety - We did not provide for these items in our original
proposal. Please clarifY.
Sections 15.3 and 15.4 - Are these items necessary for this size of a project?
Please feel free to contact me with any questions you may have.
Thank you,
David Telliard Ir.
619-778-1082
telliards@cox.net
4-102
CITY COUNCIL
AGENDA STATEMENT
h,' ;'.."..
~\~ CITY OF
. ,. -- (HULA VISTA
10/27/2009
Item2-
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $3,280 FROM THE BUREAU
OF JUSTICE ASSISTANCE AND APPROPRIATING SAID
FUNDS TO THE POLICE GRAi"\fT FUND FOR THE
BULLETPROOF VEST PARTNERSHIP
CHIEF OF POLI~.ftp
CITY MANAGE
4/5THS VOTE: YES X NO
SUBMITTED BY:
REVIEWED BY:
SUMMARY
The Police Department was recently notified by the Bureau of Justice Assistance of
approved funding for the Bulletproof V est Partnership (BVP). The BVP funding will pay
for 50% of the cost of bulletproof vests for police officers. Matching funds are already
included in the Police budget.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDA nON
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDA nON
Not Applicable.
DISCUSSION
On June 16, 1998, the Bulletproof Vest Partnership Grant Act of 1998 was signed as law.
The purpose of the Act is to save the lives of law enforcement officers by helping States
and units oflocal government equip their law enforcement officers with armor vests. The
5-1
10/27/2009, Item~
Page 2 of2
Bulletproof Vest Partnership (BVP) is a program of the U.S. Department of Justice
administered by the Bureau of Justice Assistance (BJA). The program is designed to pay
up to 50% of the cost of bulletproof vests for law enforcement officers. BJA announces
BVP funding opportunities on an annual basis.
In May 2009, the Bureau of Justice Assistance (BJA) announced the Bulletproof Vest
Program (BVP) funding opportunity for fiscal year 2009. The Police Department applied
for funding and was recently notified by BJA that the application was approved.
The Bulletproof Vest Partnership is a non-competitive program. The BVP Act of 2000
requires that BJA give funding priority to jurisdictions with populations under 100,000
residents by awarding those jurisdictions the full 50% of the application total, with any
remaining funds available for applications from jurisdictions over 100,000 people. The
Department has been receiving BVP awards since 2000 and has been awarded $3,280 for
the fiscal year 2009 funding period. Fiscal year 2009 BVP funds remain available until
September 30, 2011.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(l) is not applicable to this decision.
CURRENT YEAR FISCAL IMP ACT
Approval of this resolution will result in the appropriation of $3,280 to the personnel
services category of the Police Grant Fund. Sufficient funds have been identified in the
Police budget to meet the 50% local match requirement. The funding from the Bureau of
Justice Assistance will offset the $3,280 appropriation, resulting in no net fiscal impact.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact for accepting these Bulletproof Vest Partnership funds.
ATTACHMENTS
None.
Prepared by: Jonathan Alegre, Principal Management Analyst, Police Department
5-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING $3,280 FROM THE
BUREAU OF JUSTICE ASSISTANCE AND
APPROPRIATING SAID FUNDS TO THE POLICE
GRANT FUND FOR THE BULLETPROOF VEST
PARTNERSHIP
WHEREAS, the Bulletproof Vest Partnership is a program of the United States
Department of Justice (administered by the Bureau of Justice Assistance) designed to pay
up to 50% of the cost of bulletproof vests for law enforcement officers; and
WHEREAS, the Policc Department requested funding via the Bulletproof Vest
Partnership program; and
WHEREAS, the Police Department was awarded $3,280 for the purchase of
bulletproof vests; and
WHEREAS, the grant requires a 50% local match which has been identified in the
Police Department budget.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chub
Vista does hereby accept $3,280 from the Bureau of Justice Assistance and appropriate
said funds to the personnel services category of the Police Grant Fund for the Bulletproof
Vest Partnership.
Presented by:
Approved as to form by:
~~F~
~L .9
Bart Miesfeld
City Attorney
David Bejarano
Police Chief
5-3
CITY COUNCIL
AGENDA STATEMENT
~\f~ C1TYOf
.~ (HUlA VISTA
10/27/2009
Item --'0-
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $23,180 FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY AND
APPROPRIATING $17,385 TO THE POLICE GRANT FUND
FOR THE CLICK IT OR TICKET PROGRAM
CHIEF OF POLICE ~
CITY MANAGE~
I 4/5THS VOTE: YES X NO
SUBMITTED BY:
REVIEWED BY:
SUMMARY
The California Office of Traffic Safety has awarded $23,180 to the Police Department for
the Click It or Ticket Program. The goal of the California Click It or Ticket project is to
increase seat belt use statewide to 96% by September 30, 20 I O.
ENVIRONMENT AL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section
15060(c)(3) ofthe State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
envirorunental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDA nON
Not Applicable.
DlSCUSSlON
The California otlice of Traffic Safety's (OTS) miSSion is to obtain and effectively
administer tramc safety grant funds to reduce deaths, injuries and economic losses
resulting from tramc related collisions. The Police Department has been awarded
various ~ OTS grants, including the Serious Traffic Offenders Program (STOP),
6-1
10/27/2009, Item_G:L
Page 2 of2
Comprehensive Traftic Safety Program, DUI Enforcement Program, and Selective
Traftlc Enforcement Program (STEP), which all enhanced the Traffic Unit by funding
new positions. Additionally, OTS administers mini-grants such as the Sobriety
Checkpoint Program and Click It or Ticket, which funds traffic enforcement operations
on an overtime basis.
The Police Department has received funding from the California Office of Traffic Safety
for the Click It or Ticket project. The goal of the California Click It or Ticket project is
to increase seat belt use statewide to 96% by September 30, 2010. Through the combined
efforts of state and local law enforcement, the state will initiate a "Next Generation -
Click it or Ticket" campaign by conducting two well-publicized seat belt enforcement
mobilizations in November 17-30,2009 and May 24-June 6, 2010. In addition to these
recognized mobilization periods, the Police Department will conduct seat belt operations
throughout the grant period of October 2009 to September 20 I O. Funds provided by this
grant will be utilized to increase the level of seat belt enforcement hours on an overtime
basis for first line supervisors, oftlcers, and administrative time to meet grant reporting
requirements.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section I 8704.2(a)(l ) is not applicable to this decision.
CURRENT YEAR FISCAL IMP ACT
Approval of this resolution will result in the appropriation of $23,180 to the personnel
budget of the Police Grant Fund. Because the grant period crosses between two fiscal
years, $17,385 will be appropriated to the fiscal year 2009/2010 budget and $5,795 will
be included in the proposed fiscal year 2010/2011 budget. The fimding from the
California Office of Traffic Safety will completely offset the costs of conducting the seat
belt enforcement operations, resulting in no net fiscal impact.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact for accepting these grant funds.
A TT ACHMENTS
None.
Prepared by: Jonathan Alegre, Principal Jvlanagement AnaZvst, Police Department
6-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING $23,180 FROM THE
CALIFORJ'fIA OFFICE OF TRAFFIC SAFETY AND
APPROPRIATING $17,385 TO THE POLICE GRANT
FUND FOR THE CLICK IT OR TICKET PROGRAM
WHEREAS, the California Office of Traffic Safety has awarded $23, I 80 to the
Police Department for the Click It or Ticket Program; and
WHEREAS, the goal of the California Click It or Ticket project is to increase seClt
belt use stCltewide to 96% by September 30, 20 I 0; and
WHEREAS, through the combined efforts of state and 10cClIIClw enforcement, the
state will initiClte a "Next Generation Click it or Ticket" campaign by conducting two
well-publicized seat belt enforcement mobilizations in November 17-30, 2009 and May
24-June 6,2010; and
WHEREAS, funds provided by this grant will be utilized to increase the level of
seat belt enforcement hours on an overtime basis for first line supervisors, officers, and
administrative time to meet grant reporting requirements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby accept $23,180 from the California Office of Traffic Safety for
the Click It or Ticket Program and amend the fiscal year 2009/2010 Police Grant Fund
budget by appropriating $17,385 for personnel costs.
Presented by:
Approved as to form by:
David Bejarano
Police Chief
~~
Bart Mieslffd
City Attorney
6-3
CITY COUNCIL
AGENDA STATEMENT
. r,
~ (ft,.. CITY OF
'~~ (HULA VISTA
10/27/2009
ltem 7
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $357,330 FROM THE UNITED
STATES DEPARTMENT OF JUSTICE OFFICE OF JUSTICE
PROGRAMS BUREAU OF JUSTICE ASSISTA.NCE FOR
THE NEIGHBORHOOD PROSECUTION PROGRAM,
APPROPRIATING $91,214 TO THE FY 2010 AMERlCA.N
RECOVERY AND REINVESTMENT ACT (ARRA) FlJND,
AND APPROPRIATING $10,000 FROM THE AVAILABLE
BALANCE OF THE STATE LAW ENFORCMENT
SUPPLEMENTAL FUND (SLESF); AND ADDING ONE
DEPUTY CITY ATTORNEY II AND 0.5 FTE LEGAL
ASSISTANT TO THE AUTHORlZED POSITION COUNT OF
THE OFFICE OF THE CITY A TTORt'1'EY
SUBMITTED BY:
CHIEF OF POLICE ~
CITY ATTORNEY /
CITY MANAGER
REVIEWED BY:
4/5THS VOTE: 'r'ES X NO
SUMMARY
The Police Department received notice of a grant award in the amount of $357,330 from the
Office of Justice Programs' Bureau of Justice Assistance for the Neighborhood Prosecution
Program. This program will establish a Neighborhood Prosecution Unit ("NPU"),
consisting of one deputy city attorney and a part-time legal assistant, to improve public
safety levels at Chula Vista apartment complexes and to engage in extensive outreach with
all stakeholders.
The NPU will be appointed and managed by the City Attorney and will work on a routine
basis with the Police Department.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California Environmental
Quality Act (CEQA) and it has been determined that the activity is not a "Project" as
7-1
10/06/2009, 1tem~
Page 2 of3
defined under Section 15378 of the State CEQA Guidelines because it will not result in a
physical change in the environment; therefore, pursuant to Section 15060( c )(3) of the State
CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMl\1:ENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
As part of the 2009 American Recovery and Reinvestment Act (ARRA) , the Office of
Justice Programs' Bureau of Justice Assistance (BJA) has awarded the Police Department
$357,330 of grant funds to establish a Neighborhood Prosecution Uillt to improve public
safety levels at Chula Vista apartment complexes and engage in extensive outreach with all
stakeholders.
The Neighborhood Prosecution Uillt ("NPU") will consist of one deputy city attorney
(deputy city attorney II level) and a 0.5 FTE (full-time equivalent) legal assistant. The
specific salary for these positions will be appropriated out of grant funds but the specific
amounts per position have yet to be determined (based on starting salaries and associated
benefits).
The NPU will be working with the Police Department and will coordinate with Police
employees on a routine basis. In accordance with the City Charter, all legal work is the
responsibility of the City Attorney including the work of the NPU. The NPU positions will
be appointed and managed by the City Attorney. The NPU will be formally staffed within
the City Attorney's Office with input from the Police Department and the Police Chief.
The NPU will engage in extensive outreach with all stakeholders to obtain their perspectives
on crime and disorder problems at the properties and suggestions for improving the
complexes. Specifically, the NPU will partner and coordinate with the City's code
enforcement, redevelopment and planrung divisions, apartment complex operators, tenants,
and social service agencies. The goal of the program is to reduce crime and disorder
problems occurring in apartment complexes, and improve the quality of life of residents who
live in multi-family rental properties. The program will be modeled on the City's successful
hotel/motel project, which substantially reduced crime and calls for service at overtiight
lodging facilities in Chula Vista.
7-2
DECISION MAKER COl'liFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not
site specific and consequently the 500 foot rule found in California Code of Regulations
section 18704.2(a)(l) is not applicable to this decision.
1010612009, Iteml
Page 3 of 3
CURRENT YEAR FISCAL IMPACT
Approval of this resolution will result in an appropnatIOn of $91,214 to the American
Reinvestment and Recovery Act (ARRA) Fund (fund 274) and $10,000 from the available
balance of the State Law Enforcement Supplemental Fund (SLESF) for the 6-month period
of 0110112010 to 6/30/2010. Funding for this program via ARR."" funding and SLESF
funding will completely offset the costs in the current fiscal year, resulting in no net fiscal
impact to the General Fund.
ONGOING FISCAL IMP ACT
The ARRA grant and SLESF funds will fully fund this project for a 2-year period. At the
end of the grant period, the Department will seek additional funding to continue the project
or eliminate the positions at that time. The two-year funding is detailed in the table below.
Personnel Costs
Supplies and Services
$85,055
$16.159
$182,847
$20.211
$93,528
$2,530
TOTAL GRANT FUNDING
GENERNALFUNDIMPACT
$101,214
$0
$203,058
$0
$96,058
$0
A TT ACIL1VIENTS
None
Prepared by: Jonathan Alegre, Principal JVfanagement Ana~vst, Police Department
Karin Schmerler, Senior Public Safety Analyst, Police Department
7-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING $357,330 FROM THE
UNITED STATES DEPARTMENT OF JUSTICE OFFICE
OF JUSTICE PROGRAMS BUREAU OF JUSTICE
ASSISTANCE FOR THE NEIGHBORHOOD
PROSECUTION PROGRAM, APPROPRIATING $91,214
TO THE FY 2010 AMERICAN RECOVERY AND
REINVESTMENT ACT (ARRA) FUND, AND
APPROPRIATING $10,000 FROM THE AVAILABLE
BALANCE OF THE STATE LAW ENFORCMENT
SUPPLEMENTAL FUND (SLESF); AND ADDING ONE
DEPUTY CITY ATTORNEY II AND 0.5 FTE LEGAL
ASSIST ANT TO THE AUTHORIZED POSITION
COUNT OF THE OFFICE OF THE CITY ATTORi'JEY
WHEREAS, the Police Department received notice of a grant award in the
amount of $357,330 from the United States Department of Justice Office of Justice
Programs' Bureau of Justice Assistance for the Neighborhood Prosecution Program; and
WHEREAS, the Neighborhood Prosecution Program will establish a
Neighborhood Prosecution Unit to improve public safety levels at Chura Vista apartment
complexes and engage in extensive outreach with all stakeholders; and
WHEREAS, the grant funds will add one Deputy City Attorney II and 0.5 FTE
Legal Assistant to the authorized staffing level of the Office of the City attorney; and
WHEREAS, this funding is part of the American Reinvestment and Recovery Act
01'2009 and will fully fund the program for a two-year period.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby accept $357,330 from Bureau of Justice Assistance for the
Neighborhood Prosecution Program, appropriate $91,214 to the American Reinvestment
and Recovery Act Fund, and appropriate $10,000 from the available balance of the State
Law Enforcement Supplemental Fund; and add one Deputy City Attorney II and 0.5 FTE
Legal Assistant to the authorized position count of the Office of the City Attorney.
Presented by:
Approved as to form by:
David Bejarano
Police Chief
C:::?~~
Bart Miesfeld
City Attorney
7-4
CHULA VISTA
REDEVELOPMENT
AGENCY
AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
OCTOBER 27, 2009, Item '6
JOINT RESOLUTION OF THE REDEVELOPMENT
AGENCY A1'\'D CITY COUNCIL OF THE CITY OF CHULA
VISTA CONDITIONALLY APPROVING A LOAN FROM
THE LOW A.ND MODERATE INCOME HOUSING FUl'm IN
AN AMOUNT NOT-TO-EXCEED $4,000,000 AND
AMENDING AN AGREEMENT TO POST SECURITY TO
ALLOW THE EASTLAKE COMPANY, IN SATISFACTION
OF THEIR AFFORDABLE HOUSING OBLIGATION FOR
EASTLAKE III, TO PROVIDE THE CITY WITH
FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF
A 143-UNIT PROJECT FOR LOWER-INCOME
HOUSEHOLDS, THE LAND~S II AT WINDING WALK
/'
DEPUTY CITY MANAGE DEVELOPMENT SERVICES
DIRECTOR
CITY MANAGER~
4/STHS VOTE: YES D NO I X I
SUMMARY
Chelsea Investment Corporation (CIC) and Brookfield Shea have proposed the
development and construction of a 143-unit affordable housing development for low
income households, known as The Landings II (the "Project"), The Project is located at
the northwest corner of Discovery Falls Drive and Crossroads Street within the Winding
Walk master planned community and exceeds the affordable housing requirement for the
community. Previously, the City approved a loan of $2.4 million from its HOME Funds
and considered a $2 million contribution from The Eastlake Company ("Eastlake") in
satisfaction of their affordable housing obligation for Eastlake III. With the current
financial market, the funding gap for the Project has increased. To finance the Project,
CIC is requesting that the Redevelopment Agency of the City of Chula Vista consider a
pre-commitment of a $4 million loan from its Low and Moderate-Income Housing Fund
("Housing Fund"). Staff is also recommending that the Council amend an Agreement to
Post Security to receive the $2 million contribution from EastIake.
8-1
October 27, 2009 Item Sf'
Page 2 of9
ENVIRONMENT AL. REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the proposed project was adequately covered in previously adopted Final Second
Tier Environmental Impact Report, EIR 01-02. Thus, no further CEQA review or
documentation is necessary.
RECOMMENDATION
The Redevelopment Agency and the City Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
On September 30, 2009, the Housing Advisory Committee voted to recommend the
conditional approval of a $4 million loan from the Agency's Low and Moderate Income
Housing funds and an amendment to the Agreement to Post Security to allow The
EastJake Company to assist in the financing of the Landings II.
On October 6, 2009, the Chula Vista Redevelopment Advisory Corporation
recommended the Redevelopment Agency conditionally approve $4 million in financial
assistance from the Agency's Low and Moderate Income Housing Fund.
DISCUSSION
Background
Brookfield Shea Otay, LLC, master developer for Otay Ranch Village 11 (aka Winding
Walk), is required to provide 207 total affordable units (92 low-income and 115
moderate-income) within its Neighborhood R-19 in satisfaction of its obligations under
the City's Balanced Communities Policy of the Housing Element. The Landings
apartment development, located on the northeast comer of Eastlake Parkway and
Discovery Falls Road, was completed by Chelsea Investment Corporation ("CIC") and
provides 92 affordable rental units for lower income households.
The remaining balance of the affordable housing obligation (115 units) was contemplated
as affordable housing for moderate income households. Due to the current financial
climate, the Project is infeasible to finance as a moderate income development.
In order to satisfy the moderate income obligation and to obtain necessary financing for a
project, Brookfield Shea has alternatively proposed the construction of a 143-unit rental
development affordable for lower income households, known as The Landings II (the
"Project"). They have again partnered with CIC to construct and operate the Project. It
will be located on the adjoining lot to the 92-unit Landings I Affordable Apartments
constructed and completed in November 2008. For purposes of this report Landings I
will refer to the 92-unit affordable rental development and Landings II will refer to the
proposed 1 43-unit development which is the subject of the requested actions.
8-2
October 27, 2009 Item g
Page3of9
Table 1: Winding Walk Affordable Housing Obligation
Low Income 92 Landings I
Moderate Income 115 Landings II
Market Rate 37 Landings fI
TOTAL )39 7'-
_.j)
CIC is currently in the process of securing financing for the Project and has requested
direct financial assistance from the Redevelopment Agency and City. The City and the
Housing Authority have taken previous actions to financially support the development of
the Landings II. On June 9, 2009, the City Council adopted Resolution No. 2009-132
executing a loan agreement for $2,400,000 from the City's HOME Investment
Partnership Program 'for the development of the Project. The City Council and. the
Housing Authority by Council Resolution 2009-131 and HA Resolution 2009-038
supported CIC's application to the California Debt Limit Allocation Committee
(CD LAC) for $39 million from the 2009 state ceiling on private activity bonds for multi-
family projects. Additional funding is currently needed to close the remaining financing
gap for the Project.
The Applicant
Chelsea Investment Corporation has developed several projects in Chula Vista, primarily
in eastern Chula Vista, to satisfy developer inclusionary housing requirements (Teresina
Apartments, Rancho Buena Vista Apartments, Villa Serena and The Landings I). CIC has
over 5,100 housing units in its portfolio. The company has a strong and experienced
team of professionals. CIC has successfully managed low income housing units for over
20 years.
The PropertY
The Landings II development will be built within the Winding Walk master planned
community (aka Otay Ranch Village 11) in eastern Chula Vista. The lower-income units
will satisfy the requirements of the City's Program for the provision of affordable
housing. The development will be located at the northwest corner of Discovery Falls
Drive and Crossroads Street on a lot adjacent to Landings I. The Project is a continuation
of design and development of the Landings I. All 143-townhome style lmits are 3-
bedroom and will be aflordable to very low and low income households. Project
amenities will be shared with Landings I and include a pool, spa, clubhouse, and a tot lot.
The Proposal
All 143 units will be rented on a rent restricted basis to households whose income is at or
below 50 and 60 percent (%) of the Area Median Income as determined by U.S.
Department of Housing and Urban Development (HUD). This Project will provide a
balance of housing opportunities and fulfill a need in Chula Vista for large family rental
8-3
October 27, 2009 Item?
Page 4 of9
housing, particularly in the neighborhoods east ofInterstate 805, as outlined in the City of
Chula Vista 2005-2010 Housing Element.
Income and Rent Restrictions
Per Brookfield Shea's Affordable Housing Agreement for the inclusionary obligation, a
minimum of 115 units must be affordable to moderate income households. Due to the
financing CIC is pursuing, the Project will exceed these minimum requirements and
provide 28 more units and deeper affordability (very low and low income).
Table 2: Landings Affordable Units
3 Bd/2 Ba 28 50% $44,600 $1,010 $?,060
3 Bd/2 Ba 114 60% $53,500 $1,?25 $2,060
MGR 1 N/A N/A N/A N/A
Total 143 ' ~' ".1"
CIC proposes to maintain the income and rent restnctlOns for The Landings II for a
period not less than fifty-five years, exceeding the 30-year term required by the Bond
tinancing and the Winding Walk SPA Affordable Housing Program. The income and
rent restrictions outlined above are to be incorporated into the Regulatory Agreement for
the Redevelopment Agency Loan, which will be recorded against the property.
Compliance with the income and rent restrictions will be subject annually to a regulatory
audit and annual tiLX credit certification. CIC will maintain strict property management
policies and procedures to ensure that income and rent restrictions will be maintained for
the full 55-year compliance period, and will bind all subsequent owners of The Landings
II, so that the commitment remains in force regardless of ownership.
Proposed Financin2 ofProiect
Financing and development of The Landings II is proposed as a Jomt private-public
partnership. CIC will be using Tax Exempt Multi-Family Revenue Bonds and Low
Income Housing Tax Credit financing to support the majority of the estimated
$50,327,730 ($351,940 per unit) cost of constructing the Project (see Attachment 2).
The Housing Authority of the City of Chula Vista expressed its intent to issue up to $39
million in private placement bonds, which is the projected maximum construction loan.
The permanent bond loan is estimated at approximately $15.7 million. eIC has prepared
an application for Bonds to be submitted in October 2009. Chelsea Investment
Corporation will then be eligible to apply for approximately $15.3 million in Low Income
Housing Tax Credits. The permanent bonds and Tax Credits would cover over 53
percent of the estimated cost.
8-4
October 27, 2009 [tem~
Page 5 of9
With rents restricted at very low and low income levels, the net operating income is
insut1icient to support a loan large enough to cover all the Project costs. Under the
current market, loan financing is extremely limited, if even available, for larger loans.
Therefore, the Project has a tinancing gap of approximately $12.1 million.
It is proposed that the remaining tinancing gap will be met by a combination of a
contribution from the master developer/contractor ($2,600,000), a deferral of crc's fee
for the project ($ 1 ,085,51 0), and City and Agency assistance. The City and crc have
already executed a loan for $2,400,000 from the City's HOME funds. To further close
the gap, C]C has reqnested direct financial assistance of $4 million from the
Redevelopment Agency and directing a $2,000,000 contribution from The Eastlake
Company to the Project.
City and Agency AssisTance
The City previously approved tinancial-assistance in the form of a $2.4 million loan from
its HOME funds_ Principal and the three percent (3%) simple interest on the loan will be
amortized over tifty-five years and repaid in annual installments from any cash surplus.
Since approval of the City loan, C]C has requested additional financial assistance from
the Redevelopment Agency.
The current recessionary circumstances along with a tightening of capital for construction
and permanent financing and tax credit equity have necessitated adjustments to the
financing structure for the Project. Therefore, crc's previous assumptions for loan
financing and Tax Credits have been reduced and a larger tinancing gap remains. With
limited sources for tinancing the Project, crc has requested that the Redevelopment
Agency provide a loan of $4 million to the Project.
]n general, the first priority for the Redevelopment Agency is to provide tinancial
assistance to those residential projects located within the Redevelopment Project Area.
Given its requirements under State Redevelopment law to ensure that 15 percent of all
newly constructed residential units are affordable to low and moderate income
households, referred to as the Agency's rnclusionary Housing obligation, the Agency
must leverage, to the greatest extent feasible, its resources. The Agency may provide
assistance to projects outside of the area. However, the Agency only receives a one (1)
unit credit for every two (2) units located outside of the Project Area. Therefore, the
Agency's participation in the Landings [] project will provide a credit of 71 units towards
the Agency's obligation and equates to $56,338 for each affordable unit.
With few properties within the Redevelopment Project Areas zoned for residential use,
limited opportunities exist to produce housing. Multifamily housing that could be
rehabilitated to revitalize the area and offer affordable housing are outside of the project
areas. New opportunities for residential development are primarily available through
mixed used development pennitted within the major commercial corridors of the Project
Areas.
8-5
October 27,2009 Item-L
Page 60f9
The Agency has seen the development of only a few affordable housing communities
within its Project Areas. With smaller lot sizes and limited opportunities, projects have
been smaller in scale and required significant subsidies.
Table 3: Affordable Housing in Redevelopment Project Areas
Trollev Terrace
Trollev Trestle
Brisa del Mar
Seniors on Broadwav
Los Vecinos
HOME
HOME & Redev Hsg
Redev Hsa
Redev Hsz
Redev Hs
896.905
551.020
1,500.000
3,511.195
5.680.000
The last affordable housing development completed in the Project Area was Los Vecinos
Apartments, which opened in May 2009. This project received a $5,680,000 in financial
assistance from the Housing Funds and equated to a subsidy of $135,238 per unit.
While the Agency would receive only half credit for The Landings II development, the
Agency receives significant benefit from this type of larger scale development
opportunity. Even at half credit, the proposed 143 units become 71 units of credit far
greater than the typical development seen in the Project Area. Use of the Housing Funds
for this project is cost effective, with a lower level of subsidy than the most recent
developments and assists the Agency in meeting the proportionality requirements for
spending of its Housing funds towards very low and low income family households.
Lastly, there is no other affordable housing proposed or anticipated for the near future
within the Project area or outside. The Landings II represents a present opportunity to
increase the City's affordable housing stock for very low and low income households,
particularly in the eastern area of the community. The Landings II has received all
necessary entitlements and the majority of financing is in process. It is anticipated that
the current economic conditions will continue for the next 12 to 18 months. Financing of
residential projects will, therefore, continue to be difficult to obtain with limited, if any,
opportunities to provide new affordable housing units citywide. .
As specified in the City's Housing Element, the Regional Housing Needs Assessment
estimates a total need of 6,549 new housing units for very low and low-income
households. By using City and Agency funds to assist these lower income households,
the City and Agency are able to make progress towards its Housing Element goals and
Redevelopment Inclusionary/Funding obligations.
Staff is recommending total financial assistance of $6.4 million, including the $2.4
million already approved by the City and the $4 million from the Agency. The City and
Agency funding would leverage $1 of our resources to $8 in private investment. The
Project would be able to serve 28 very low income and 114 low income households in.
excess of the affordability requirements of State Redevelopment law and Brookfield
Shea's obligations.
8-6
October 27, 2009 Item-L
Page 7 of9
Form of Redevelopment Agency Assistance - Low ivlod Income Housing Funds
The proposed Agency loan of $4 million from its Low and Moderate Income Housing
fund will assist in providing a total of 28 units for very low income households and 114
units for low income. The loan is considered to be permanent financing for the project,
with a below market interest rate. It will be secured by a note and deed of trust recorded
against the property: " The required loan documents will be presented to the AgencY for
approval at such time 11nal approval of the issuance of the bonds and the related
bond/loan documents are requested.
Staff proposes two percent (2%) simple interest on the loan with principal and interest
amortized over a 20-year period. Payments on the loan would be in equal consecutive
monthly installments. Monthly payments are estimated at $20,235. Repayment is expected
to be made in full by 2029.
The Housing Fund" will to be able to sustain the proposed $4,000;000 loan to Cle. The
nature of providing assistance to the deveiopment of affordable housing projects is
cyclical. Normally, Housing Fund Reserves are accumulated over a period of years in
order to build up sufficient reserves to provide assistance to developers of affordable
housing projects. The Agency currently has available approximately $9 million to assist
in the development of affordable housing opportunities.
While the development and its financing is being considered now, disbursement of the
loan proceeds will occur at conversion of the construction loan to permanent financing
anticipated in FY 2011-12. Based upon estimated projections of revenue and
expenditures, including the proposed loan for the Landings II, the ending fund balance
for FY 20] 1-12 is projected at $8.6 million. The Agency will see repayment of the CIC
loan beginning in FY 2012-13 and will be considered additional revenue. Based upon the
timing of the disbursement of the loan and anticipated loan repayments, there remains a
significant fund balance each fiscal year to consider additional affordable housing
proposals (see Table 4 below).
The current state of lending and equity markets is making underwriting residential
development deals much more difficult. No other affordable housing developments have
been proposed to staff at this time. Staff does not foresee any tangible deals closing in
the next 12-18 months. Given the timing of the disbursement of the .loan and few
development opportunities, the Agency will have additional time to accumulate sufficient
reserves for any future opportunities.
Affordahle Rousing Credits
With an obligation to provide only 115 moderate income units, The Landings II will
provide a surplus of 28 units. These surplus units could be used as a potential source of
additional funding by making these surplus units available as "affordable housing
credits". Other developers could provide financial assistance in exchange for the use of
such credits to satisfy their respective affordable housing obligations.
8-7
October 27, 2009 Item~
Page 80f9
The Amendment
The Eastlake Company (Eastlake) entered into an agreement with the City to provide 25
additional low income affordable units as a result of a 494 residential unit increase from
the 2006 SPA plan amendment. Since Eastlake no longer owns residential land to
provide these affordable units, the agreement offers alternative options to provide off-site
affordable units in eastern Chula Vista. Eastlake has expressed their willingness to
provide the remaining $2 million financing gap for The Landings II in exchange for
receiving the affordable housing credits towards their own obligation. The use of the
credits would complete the financing necessary for The Landings II and provide Eastlake
with a flexible option for meeting their obligations. Staff is recommending an
amendment to the Agreement to Post Security to allow The Eastlake Company to provide
a financial contribution to the City for the Project. The proposed amendment would
require Eastlake to pay the City $2 million and would provide Eastlake \vith 25 low-
income housing credits, which Eastlake could use to meet its .current or future affordable
housing obligations, or transfer to another entity, to satisfy that entity's affordable
housing obligation within the City. If Eastlake chooses to transfer the credits, the City
would be required to approve the transfer. The approval could not be umeasonably
withheld and would require a finding that the transfer was in the public's interest.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and Redevelopment Agency
Members and has found no property holdings within 500 feet of the boundaries of the
property which is the subject of this action.
CURRENT YEAR FISCAL IMPACT
The loan amount of $4,000,000 is available from the Redevelopment Agency's Low and
Moderate Income Housing funds. The loan proceeds will be used for costs related to the
development of the Landings. The required loan documents and appropriation of the
funds will be presented to the Agency for approval at such time final approval of the
issuance of the bonds and the related bond/loan documents are requested, anticipated in
February 2010.
The current fund balance available for affordable housing opportunities is approximately
$10 million. A $2.9 million Low & Mod Set Aside Loan of the Redevelopment Agency
may be necessary to make the Agency's payment on the Supplemental Educational
Revenue Augmentation Funds (SERAF). Proposed legislation would give the
Redevelopment Agency authority to borrow $1.2 million more from the Low and
Moderate Income Fund to make the full $4.1 million SERAF payment. Even after these
loans, there is still sufficient fund balance to carry out affordable housing projects
considering net annual revenue will increase the fund balance.
8-8
October 27,2009 Item-L
Page90f9
Table 4: Redevelopment Housing Fund
Beginning Fund Balance $10,226,942 $ 9,133,454 $10,394,976 $8,612,608 $12,130,293
Gross Housing Set-Aside 2,750,512 2,805,522 2,861,632 2,918,865 2,977,242
Landings Debt Service 242,820 242,820
ERAF Repayment 1,000,000 1,500,000
Total Projected Resources $12,977,454 511,938,976 $13,256,608 $12,774293 $16,850,355
A vg. Administrative Expenditures 638,000 638,000 638,000 638,000 638,000
Other Operating Expenditures 6,000 6,000 6,000 6,000 6,000
Potentia] ERAF Loan 3,200,000 900,000
Landings II Loan 4,000,000
Total Projected Expenditures 5 3,844,000 5 1,544,000 S 4,644,000 5 644,000 5 644,000
Projecred Ending Fund Balance $ 9,133,454 $] 0,394,976 5 8,6]2,608 $12,]30,293 $16,206,355
The project will pay all associated development and processing fees to the City as such
fees are required, This is estimated to be over $4,000,000,
ONGOlNG FISCAL IMPACT
CIC will make monthly payments on the Agency Loan, Monthly loan payments are
estimated at approximately $20,235, Any repayment of principal and interest shall be
made available for the development of future affordable housing opportunities,
It is anticipated in FY 2010-11, the Redevelopment Agency may need to borrow part of
the 20% set-aside allocation to its Low and Moderate Income Housing Fund (I-lousing
Fund) in order to make the FY 201 lSERAF payment of approximately $900,000 to the
State,
Funds will be available to carry out future affordable housing activities with existing fund
balance and repayment of the CIC loan and RDA loans,
ATTACHMENTS
L Locator Map
2, Summary of Sources and Uses
Prepared by: Leilani Hines, Principal Project Coordinator, Development Services Department
8-9
Locator Map
Attachment 1
The Landings II at Winding Walk
8-10
BIRCHR
"
5
C
o
,
E
R
"
The Landings I & II
2122 Burdock Way
The Landings II at Winding Walk
PROFORMA SUBSIDY ANALYSIS
Cost
Funds
Project Cost
Financing Gap
land Purchase
Construction
Contingency
Perm its & Fees
Interest/Fees, Financing Costs
Design/Engi neeri ng
Developer Fees
Reserves, Legal, Other
Sources of Funds
Tax Credit Equity
Tax Exempt Bonds-Permanent Loan
Subordinate Bond
Subtotal $ 50,327,727
Subsidies
$280,000
$36,464,932
$1,283,000
$5,375,391
$2,552,701
$350,000
$2,500,000
$1,521,703
City Loan
City (Eastlake Co ~ Aft Hsg Credits)
RDA Loan
Developer Contribution (Shea)
Deferred Developer Fee
TOTAL $ 50,327,727 $
Cost per Unit @ 143 Units
City HOME Subsidy per Unit @ 11 Units
RDA Subsidy per Unit@ 142
City HOME Leveraging
RDA Leveraging
TOTAL City/RDA Leveraging
8-11
$15,426,000
$11,416,217
$11,400,000
$ 38,242,217 $
$2,400,000
$2,000,000
$4,000,000
$2,600,000
$1,085,510
50,327,727 $
12,085,510
$
$
$
351,942
218,182
28,169
$1 to $21
$ 1 to $13
$1 to $ 8
RESOLUTION NO. 2009-
(COUNCIL RESOLUTION NO. 2009---.J
JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY
AND CITY COUNCIL OF THE CITY OF CHULA VISTA
CONDlTIONALL Y APPROVING A LOAN FROM THE LOW AND
MODERA.TE INCOME HOUSING FUND IN AN AMOUNT NOT-
TO-EXCEED $4,000,000 AND AMENDING AN AGREEMENT TO
POST SECURITY TO ALLOW THE EAST LAKE COMPANY, IN
SATISFACTION OF THEIR AFFORDABLE HOUSING
OBLIGATION FOR EAST LAKE lil, TO PROVIDE THE CITY
WITH FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF
A 143-UNIT PROJECT FOR LOWER-INCOME HOUSEHOLDS,
THE LANDINGS II AT WINDING WALK
WHEREAS, California Health and Safety Code Sections 33334.2 and 33334.6 authorize
and direct the Redevelopment Agency of the City of Chula Vista (the "Agency") to expend a
certain percentage of all taxes which are aIlocaied to the Agency pursuant to Section 33670 for
the purposes of increasing, improving and preserving the community's supply of low and
moderate income housing available at affordable housing cost to persons and families of low-
and moderate-income, lower income, and very low income; and
-
WHEREAS; pursuant to applicable law'the Agency has established a Low and Moderate
, Income Housing Fund (the "Housing Fund"); and '
WHEREAS, pursuant to Health and Safety Code Section 33334.2(e), in carrying out its
affordable housing activities, the Agency is authorized to provide subsidies to or for the benefit
of very low income and lower income households, or persons and families of low or moderate
income, to the extent those households cannot obtain housing at affordable costs on the open
market, and to provide financial assistance for the construction and rehabilitation of housing
which will be made available at an affordable housing cost to such persons; and
WHEREAS, pursuant to Section 334IJ(b), the Agency is required to ensure that at least
15 percent of all new and substantiaIiy rehabilitated dwelling units developed within a Project
area under the jurisdiction of the Agency by private or public entities or persons other than the
Agency shall be available at affordable ho~sing._~ost.!o ,persons and families of low or moderate
income; and '., ,
WHEREAS, Chelsea Investment Corporation (the "Developer," or "CIC") proposes to
construct a 143-unit multifamily rental development, with units affordable to very low
households at 50 percent of the Area Median Income (AMI) and to low households at 60 percent
"
of the Area Median Income (AMI) within the Winding Walk master planned community on a
vacant site (Lot I of Map No. 15479) located east of Eastlake Parkway south of Birch Road and
north of Crossroads Street in the City of ChuIa Vista ("Project," or "Landings II"); and
8-12
RDA Resolution No. 2009-
Page 2
WHEREAS, crc contemplates a total project budget of approximately $50,327,730 for
the Project and intends to finance The Landings II using: (i) a construction and permanent loan
tinancing funded by the issuance of Bonds by the Chula Vista Housing Authority; (ii) four
percent (4%) tax credit equity (the "Tax Credits"); (iii) master developer land/contractor fees;
(iv) deferred developer fee; and, (v) a City Loan.
WHEREAS, financing in the total amount of$6 million is still necessary in order to make
the Project feasible; and
WHEREAS, the Agency has determined, based on the evaluation of the development
budget, 55-year operating pro forma, sources and uses for the Project, that additional financing is
appropriate and necessary in order to make the Project feasible; and
WHEREAS, the Agency wishes to provide Developer with a loan of four million dollars
($4,000,000) from its Housing Fund to assist with the financing gap for the construction of the
Project; and
WHEREAS, in order to carry out and implement the Redevelopment Plan for the
Agency's redevelopment projects and the affordable housing requirements and goals thereof, the
Agency proposes to enter into a Loan Agreement (tlie "Loan Agreement") with the Developer,
pursuant to which the Agency would make a loan to the Developer (the "AgenciLoan"), and the'
Developer would agree to develop all of the apartment units in the Project for occupancy of very
low and lower income households and reni those units at an. affordable housing cost; and
WHEREAS, the Agency Loan Agreement will \e;"erage the investment of the Agency by
requiring the Developer to obtain additional financing for the construction and operation of the
Project through such resources as Multifamily Housing Revenue Bonds and "3% Tax Credits" to
be generated by the Project; and
WHEREAS, in accordance with California Health and Safety Code Section 33334.2 (g),
staff is recommending that the Agency find and determine that even though the Project is to be
located outside the City's redevelopment project areas, those areas will benefit through the
creation of jobs in the project area and elsewhere in the City by providing housing for persons
who work within the City's redevelopment project areas, and through the policies served by
dispersing affordable housing throughout the jurisdiction rather than clustering it all in one area;
and
WHEREAS, the Agency has adopted an Implementation Plan pursuant to Health and
Safety Code Section 33490, which sets forth the objective of providing housing to satisfy the
needs and desires of various age, income and ethnic groups of the community; and
WHEREAS, on April 8, 2008, the City Council approved execution of an "Agreement to
Post Security for Affordable Housing Obligation" (the "Agreement") wherein the parties to the
Agreement acknowledged and agreed to the requirement of twenty-five (25) low income housing
units (the "Housing Obligation") as a result of the development of an 18.4 acre parcel within
Eastlake III as a 494-unit senior housing complex ("Seniors Project") and The Eastlake
8-13
RDA Resolution No, 2009-
Page 3
Company ("Eastlake") agreed to post a bond for the benefit of the City to secure satisfaction of
, the Housing Obligation prior to issuance of any building permits for the Seniors Project; and
WHEREAS, Section I of the Agreement specifies that Eastlake may construct the
Housing Obligation on another site within the City, subject to the City's approval, or pay to the
City an amount of $3, I 05,500 in lieu of constructing the Housing Obligation; and
WHEREAS, the Project will provide 28 units of low income housing, in excess of the
required liS-unit moderate-income housing obligation; and
WHEREAS, Eastlake wishes to provide the City $2 million to assist with the financing
gap, for the construction of the residential, units of the Project in satisfaction of its Housi[\g
Obligation as a result of the Seniors Project; and
WHEREAS, the parties to the Agreement desire fo amend the Agreement to secure
satisfaction of the 25-Unit Housing Obligation and to facilitate development of the Project; and
WHEREAS, the proposed amendment would, among other things: (i) require Eastlake to
pay the City $2 million; (ii) provide Eastlake with 25 low-income housing credits, which
Eastlake could use to meet its current or future affordable housing obligations, or transfer to
another entity, to satisfy that entity's affordable housing obligation within the City; and (iii)
allow Eastlake to transfer the credits, subject to the CitY's approval; the City's approval of such a
transfer would require a finding that the transfer was in the public's interest; and
WHEREAS, the City has adopted a Housing Element of the General Plan which sets
forth the objective of providing balanced and varied housing opportunities throughout the City to
, satisfy the needs and desires of various age, income and ethnic groups of thc community, and
which specifically provides for the construction of new affordable rental housing units through
City assistance; and
WHEREAS, on the 30th day of September, 2009, the City's I-lousing Advisory
Commission, held a public meeting to consider said request for financial assistance; and
WHEREAS, the Housing Advisory Commission, upon hearing and considering all
testimony, if any, of all persons desiring to be heard, and considering all factors relating to the
requ~st for the Agency Loan, has recommended to th'e Agency that a loan be approved and the
Agreement be amended to allow a contribution from The Eastlake Company on the condition
that all other necessary financing be secured for the Project; and
WHEREAS, on the 8th day of October, 2009, the Chula Vista Redevelopment
Corporation (CYRC), held a public meeting to consider said request for an Agency Loan; and
WHEREAS, the CYRC, upon hearing and considering all testimony, if any, of all
persons desiring to be heard, and considering all factors relating to the request for an Agency
Loan has recommended to the Agency that the loan be conditionally approved subject to the
Ao'ency's approval of an affordable housiIlg regulatory and'loan agreement; and
e> _~.~__: . "..
8-14
RDA Resolution No. 2009-
Page 4
WHEREAS, the Environmental Review Coordinator reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
proposed project was adequately covered in previously adopted Final Second Tier
Environmental Impact Report, EIR 01-02. Thus, no further CEQA review or documentation is
necessary.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA does hereby conditionally approve a loan in an amount not-to-exceed $4,000,000 from
the Agency's Low and Moderate Income Housing Fund to Developer for the construction of the
Project subject to the Agency's approval of an affordable housing regulatory and loan agreement
-and, at a minimum, the following terms and conditions:
1. Developer shall secure all other financing necessary for the acquisition and development of
the Project.
2. Developer shall enter into a regulatory and loan agreement with the Agency to be considered
at a later date by the Redevelopment Agency. The approval of this agreement remains
subject to final approval by the Redevelopment Agency which retains its sole and unfettered
discretion as to that decision.
3. The loan repayment will be secured by a Deed of Trust and Promissory Note for the property
on behalf of the Redevelopment Agency of the City of Chula Vista and recorded against the
Project property.
4. The term of the loan shall be twenty-five (25) years at 1 % simple interest.
5. Developer will be required to operate the Project consistent with the Regulatory Agreement
required by the Project's tax credit financing, and the Agency's Low/Mod financing, the
covenants imposed by these Agreements, and any other Project requirements.
6. The Agency Loan is based upon the assumptions presented within the sources and uses of
funds, development budget, development proforma and other information tiled with the
Affordable Housing Review Application for the Project as submitted and reviewed by the
Development Services Department. The Agency assistance is a maximum level of
participation. It is expected that any substantive revisions in such financing assumptions
which would lead to an increase in other resources available, would therefore reduce the
. level of the Agency Loan.
8-15
RDA Resolution No. 2009-
Page 5
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, approves the "First Amendment to the Agreement to Post Security for Affordable
Housing Obligation," a copy of which is on file in the Office of the City Clerk.
Gary Halbert, AICP, PE
Deputy City ManagerIDirector of
Development Services
Presented by
8-16
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
HE CITY C UNCIL
Z
~ / ,", J~ H,~"~
Bart C. lVliesfeld
City Attorney
{
Dated: 10/22-/09
I I
AMENDMENT TO AGREEMENT TO POST SECURITY
FOR AFFORDABLE HOUSING
BETWEEN THE CITY OF CHULA VISTA AND
THE EASTLAKE COl\lIPANY, LLC
8-17
AMENDMENT TO AGREI~MENT TO POST SECURITY
FOR AFFORDABLE HOUSING
This First Amendment to the "Agreement To Post Security For Affordable Housing
Obligation" (the "First Amendment") is entered into by and between the City of Chula Vista, a
California municipal corporation and charter city (the "City"), The EastLake Company, LLC, a
California limited liability company, as successor-in-interest to EastLake Development
Company, a California general partnership ("EastLake") and PRII Windstar Pointe Master, LLC,
a Delaware limited liability company ("Windstar") and/or its successors or assignees (these
entities may be referred to, collectively, as the "Parties," or each individually, as a "Party"). This
First Amendment shall be effective as of the date last signed by the Parties (the "Effective Date")
and is entered into with respect to the following recited facts:.
RECITALS
A. WHEREAS, on April 8, 2008, the City Council approved execution of an
Agreement to Post Security for Affordable Housing Obligation (the "Agreement") between the
Parties wherein, Parties acknowledged and agreed to the requirement of twenty-five (25) low
income housing units (the "Housing Obligation") as a result of the development of an ] 8.4 acre
parcel within Eastlake III as a 494-unit senior.housing complex ("Seniors Project") and Eastlake
. agreed to post a bond for the benefit of the City to secure satisfaction of the Housing Obligation
prior to issuance of any building permits for the Seniors Project.
B. WHEREAS, Section I of the Agreement specifies that Eastlake may construct the
Housing Obligation on another site within the City, subject to the City's approval, or pay to the
City an amount of $3, I 05,500 in lieu of constructing the Housing Obligation.
C. WHEREAS, on August 1,2005, the Design Review Committee (DRC) reviewed
and approved proposed site plans and architectural elevations for the development of a total of
239 units for Neighborhood R-19 (Lots I and 2 of Map No.15479), known as The Landings,
within thc Winding Walk master planned community to satisfy the 92-unit low- and ll5-unit
moderate-income housing obligations of the community. Chelsea Investment Corporation (CrC)
has completed the construction of 92 low income units of The Landings on Lot 2 of Map No.
15479 to satisfy the low incomc housing obligations of the Winding Walk master planned
community.
D. WHEREAS, CIC is now proposing the second phase of The Landings consisting
of a 143 unit multifamily rental development, with units atTordable to very low-income
households at 50 percent of the Area Median Income (AMI) and to low-income households at 60
percent of the Area Median Income (AMI) (The Landings II) on a vacant site (Lot I of Map No.
15479) located east of Eastlake Parkway south of Birch Road and north of Crossroads Street in
the City of Chula Vista ("Project") in satisfaction of the remaining 115 unit moderate income
housing obligation. The Project will provide 28 units of low income housing, in excess of the
required 115-unit moderate-income housing obligation.
E.
million for
WHEREAS, crc contemplates a total project
the Project and intends to finance The Landings
budget of approximately $49.3
II using: (i) a construction and
8-18
permanent loan financing funded by the Chula Vista Housing Authority (ii) four percent (4%)
tax credit equity (the "Tax Credits"); (iv) deferral of one million Two Hundred Seventy Six
Thousand and Noll 00 Dollars ($1,276,000.00) of the developer fee (the "Deferred Developer
Fee"); (v) a City Loan; and, (vi) a Chula Vista Redevelopment Agency Loan.
F. WHEREAS, on February 3, 2009, the City adopted Resolution 2009-019
approving a $2.4 million loan and on May 12, 2009, the Housing Authority adopted Resolution
2009-039 expressing its intent to issue an aggregate principal amount not to exceed $42 million
of tax exempt bonds for the development of The Landings II.
G. WHEREAS, additional financing in the amount of $2 million is necessary In
order to make the Project feasible; and
H. WHEREAS, Eastlake wishes to provide the City $2 million to assist with the
financing gap for the construction of the residential units of the Project in satisfaction of its
Housing Obligation as a result of the Seniors Project.
1. WHEREAS, the Parties to this First Amendment desire to enter into this First
Amendment to the Agreement as hereinafter provided to secure satisfaction of the 25-Unit
Requirement and to facilitate development of the Project.
J. WHEREAS, the City Council has found that this First Amendment is consistent
with the City's Housing Element and all other applicable policies and regulations of the City.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
hereto hereby agree to a First Amendment to the Agreement to Post Security for Affordable
Housing Obligation, which shall amend the Agreement as follows:
I. Incorporation of Recitals. The foregoing Recitals are incorporated in this First
Amendment and made a part hereof by this reference to the same extent as if set forth herein in
full.
2. Amendments.
(a) Section 1.1 of the Agreement is deleted in its entirety and replaced with
the following:
ADD: 1.1 Housing Obligation. The Parties acknowledge and agree that 'the
affordable housing requirement associated with the Winds tar Project is the construction
of25 Low Income housing Units (the "Housing Obligation").
(b) Section 1.2 of the Agreement is deleted in its entirety and replaced with
the following:
8-19
ADD: 1.2
Satisfaction of Housing Obligation.
a. Low Income I-lousing Credits. Development of The Landings II, consisting
of a 143 unit multifamily rental development, in satisfaction of the
remaining lIS-unit moderate income housing obligation of the Winding
Walk master planned community will create 28 units of low incomc
housing, in excess of the required obligation (the "Low Incomc Housing
Credits"). Parties agree to Eastlake's acquisition of 2S of the Low Income
Housing Credits in accordance with the terms and conditions set forth
herein.
b. Payment for Low Income Housing Credits. Eastlake shall pay to City a total
of $2 million for the ownership, transfer and use of twenty-five Low Income
Housing Credits.
c. Ownership, Transfer and Use of Low Income Housing Credits. Eastlake
shall own and control the Low Income Housing Credits, to use in
satisfaction of the Obligation, as identified in this Agreement. City accepts
and acknowledges each Low Income Housing Credit as the cquivalent of
providing one unit of low incomc housing in the City. If after Eastlake
executes this Agreement and satisfies its obligations under the Agreement,
Eastlake's Housing Obligation decreases as a result of the approval and
construction of less than the 494-units associated with the Seniors Project,
Eastlake may: 1) apply any remaining Low Income Housing Credit against
any future obligation to provide low and/or moderate income housing units
as a result of a residential project developed, constructed or owned by
Eastlake; or 2) convey the credit to another person or entity to be used by
that other person or entity against its obligation to provide low and/or
moderate income housing units in the City of Chula Vista, subject to the
approval of the City, whose approval shall not be unreasonably withheld.
The City will advise all future applicants of a project with an affordable
housing obligation of the availability of these credits. .
d. Schedule. Parties agrec to the following schedule for satisfying the Eastlake
Housing Obligation:
1. .Priorto Janu~~y 1,2010, Eastlake shall: I) Deposit with the City
. .. $ I million, and 2) Post a Bond in the amount of $1 million.
2. Prior to the issuance of the building permit for the 100th residential
unit for The Landings II, Eastlake shall deposit with the City the
remaining balance of One Million and 00/1 00 dollars. City shall
immediately release the Bond upon satisfactory payment of the one
million dollar balance.
8-20
(c) Section 2 of the Agreement is deleted in its entirety and replaced with the
following:
ADD: 2.
BONDED SECURITY.
2.1 In order to secure satisfaction of the Housing Obligation, Eastlake agrees
to post a Bond for the benefit of the City. The Bond is to be posted in accordance with
the schedule outlined in Subsection 1.2.d. of this Agreement. The terms of the Bond
shall include the following and in a form satisfactory to the City Attorney's Office:
a. The Bond shall be in the amount of One Million and 00/100 dollars, as set
forth in Section 1.2.d.l;
b. The Bond shall be for a term of two years;
c. The Bond shall be released only upon payment of One Million and DOll 00
dollars, as set forth in Section 1.2.d.2;
d. The Bond shall provide for immediate payment of the Bond proceeds to
the City if: (i) Eastlake does not satisfy the Bond conditions within the
schedule set forth in 1.2.d., above; or (ii) the Low Income Housing Credits
are not produced and available from The Landings II by December 31,
20 II, which ever occurs first. Furthermore, if Eastlake does not satisfy its
obligations under this Agreement, as amended, prior to expiration of the
bond, the bond shall either be replaced with a substitute bond ina form
acceptable to the City, or the bond proceeds shall be paid to the City, at
the City's discretion;
e. The Bond surety shall be subject to approval by City;
f. The Bond shall additionally secure costs and reasonable expenses and
fees, including attorneys' fees, which may be incurred by the City in
enforcing the Bond obligation; and
g. The Bond shall comply with all other bonding requirements of the City in
effect at the time the Bond is issued.
2.2. The City -agrees to process building permit applications for the Windstar
Project once the cash payment and Bond is posted with the City. The City has the
absolute and unfettered right to withhold the issuance of any building permits for any
residential unit within the Seniors Project if Eastlake is not in compliance with the terms
and/or obligations of this Agreement.
8-21
(d)
Windstar as follows:
Section 3.3.2 of the Agreement IS amended to revIse the address for
To Windstar:
PRIl Windstar Pointe Master LLC
c/o Prudential Investment Management
4 Embarcadero Center, Suite 2700
San Francisco, CA 94111
Attn: Timothy F. Hennessey
3. Earlv Termination. This Amendment shall automatically terminate in the event
Eastlake does not acquire the Low Income Housing Credits for its use in satisfYing its Housing
Obligation in the manner set forth in this Agreement In such event, Eastlake shall fulfill its
Housing Obligation in accordance with the Agreement, as it existed prior to this Amendment.
4. No Other Changes. This Amendment changes only those sections of the
Agreement specifically identified in Sections I through 2, above. No othcr changes to the
Agrecment are contemplated or intended by this Amendment. The balance of the Agreement
shall remain unchanged and in full force and effect.
5. Capacity of Parties. Each signatory and Party to this Amendment warrants and
represents to the other Parties that it has legal authority, capacity and direction from its principal
to enter into this Amendment, and that all resolutions or other actions have been taken so as to
enable it to enter into this Amendment.
[SIGNATURE PAGE TO FOLLOW]
8-22
SIGNATURE PAGE
TO
FIRST AMENDMENT TO
AGREEMENT TO POST SECURITY FOR AFFORDABLE HOUSING OBLIGATION
The Parties have signed this Amendment by and through the signatures of their authorized
representatives, as set forth below:
CITY
The EastLake
CITY OF CHULA VISTA, a California municipal
corporation and charter city
Cheryl Cox, Mayor
THE EASTLA MPANY, LLC,
Californif Ii it i, ity c/~, '
By: /" "
Wilham T. strel, esident/CEO
R'~~L~/
De i Roth-Klingner Ice PreSident
/0////61
a
By:
Dated:
Dated:
ATTEST:
WINDST AR
'PRIl WTNDST AR POINTE MASTER LLC
a Delaware limited liability company
City Clerk
APPROVED AS TO FORM:
By:
Windstar Pointe LLC
a California limited liability company
Its Manager
By:
Windstar Communities LLC
a California limited liability company
Its Manager
City Attorney
By:
Name:
Title:
Dated:
8-23
10/22/2009 07.40 FAX
SIGNA
PAGE
AGREEMENT
T
FIRST AM"E ME."H TO
POST SECURITY FOR rrORDABLE HOUSING OBLIGA nON
ed this Amendment by Jn~ through the signal1!res of their au~\lOrizcd
forth below: I
I EASTLAK,E
I .
I TIlE EASTLAKE COMPANY, LLC. .
I CEllifornia limited liability company
I
I
Jay:
[
,
i
[Datod:
i
! Wl~DSTAR
I
! PRU WINDSTAR rOINTE MASTER U.C
I.' a Delaware limited liabilily complmY
,By: Wino..tar Poi-ute:: LLC
I a California limited liabiliry company
f llSMa.nager
,
! By: Windstar Cornm\lnitie:s LLC
I a California limited liabUit}' company
I~k.
I e: ~ RkIlAM}"l_
IT;Ue;~.
,
~I D.t<d: I tit y" 'j
I ('
I
,
I
I
I
I
i
CITY
William T. Ostrem, Prt:llidcnt/CEO
The parti es have:: gj'
representatives, as ~ .
CITY OF CHULA Vt
corporation and charter:
By:
Jo'lmes D. Sand
I~ City Mmagcr
Datod:
ATTEST:
City Clerk
APPROVED AS TO f .
Ciry Attorney
8-24
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On ncLJvA ~, 202l-.before me, ):d{}'1Ub~ L. lYt{i..~ . ' notary public,
personally appeared ~ 1_ ' 1-1---. ct.. /.y -+-e.: - 0 ,
who proved to me on the basis of satisfactory evidence to be the perso~ose nam ~ S@
subscribed to the within instrument and acknowledged to me that he/she~xecuted the same in
his/her/@authorized capacit~ and that by his/her~signatur~on the instrument the perso~
or the entity upon behalf of which the perso@acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
@'SllVANAC.BRAZEll
...... . ~ Commission # 1636064
~ ..... Notary Public . California ~
J ~ San Diego County f
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8-25
Item 8, Landings, $4 Million Loan Request
A Jct', ti 0 hc;t-\ \ V'W" /lA-CLn Oy)
wi;;;. 7/0 q ih g
l) I~\ bl,C!cd O~ c\aJ.-'S ,,~ \
{Cv\.t<\cJ rnc.mke, li-o~
Conditions:
1. Developer makes best efforts to secure 35 year iinaneing, which should result in
up to a $1 Million reduction in City funding and provides evidence to City to this
ctket.
2. City funds are takeout only and placed at the time of placement of the permanent
loan.
3. City loan amortization is extended to 25 years and interest rate incrcased to 3.6%
resulting in the same payment level as 2% over 20 years.
4. City loan is reduced by the unused contingency and no contingency transferred to
pay any budgeted deferred developer !'cc.
5. Developer to work with staff on some reasonable form of review of contingency
approval during development to ensure contingency is not used for non-essential
development costs ami final loan amount is reduced as much as possible.
Re!'crral for Staff:
1. Develop some guidance on sue of Redevelopment Set Aside Funds transl'cr
outside of western Chula Vista.
~ Come back with a work program for possible expansion of RDA areas to inelude
multifamily zoned areas.
/lddA. '-Hon a2 I f-.J6r Yn~+t.t:rvJ
- No.-,/or'5 dmm eV1.+.s
OFFICE OF THE MA YOR
~
Item:
Meeting Date: 9/01/09
ITEM TITLE:
Discussion of Draft Ordinance Regarding Implementation of Proposition
Q
Mayofi)/
SUBMITTED BY:
BACKGROUND:
In November 01'2008, the residents of the City of Chula Vista voted to amend the City Charter to
make the Chula Vista City Attorney an elected officer of the City. In general, the Charter
Amendment makes the following two major changes to the City Chaner as it relates to the City
Attorney: (1) it makes the City Anorney an elected officer of the City; and (2) it recasts and
expands the. City Attorney's role, powers and relationship with the City Council.
Much of the Charter Amendment is self-executing. However, portions of the measure either
authorize or rcquirc funher implementation by the City Council. This draft Ordinance was
prepared for the City Council's consideration, to address the provisions of the measure that
necessitate City Council action. . The intent of the draft Ordinance is to implement the measure
and ensure a seamless transition to an elected City Attorney.
RIi:COMMIi:NDATJON:
That the City Council discuss and provide direction on the draft Ordinance.
DISCUSSION:
The Elected City Attorney Charter Amendment specifically provides that it "may be amended or
repealed only by the voters at a City election." (Charter Amendment, Section 5.) Although the
City cannot, without a vote of the people, seek to expand or restrict the measure's scope or seek
to address issues already specifically addressed in the measure, the City may create a framework
to implement the purposes of the measure or adopt laws or rules that work in tandem with the
measure. As discussed more fully below, seven (7) provisions in the measure require City
Council action. Each of these provisions is discussed below.
Fixing Comncnsation
The measure provides that the "compensation of the eJected City Attorney shall be set by the
Council. . . ." The measure also establishes a floor for this compensation that is fixed by "the
median compensation paid to the City Attorneys of the six California cities whose populations
are closest to that of the City of Chula Vista, provided that three are higher and three are lower in
population. . .." This provision requires implementation by the City Council to establish the
minimum compensation based upon the formula in the measure. The measure does not specify
what population data should be used by the City Council to dctermine the six cities to be used,
how the compensation of the six city attorneys should be measured or what data should 'be used,
[Ordinance No.
1
Page No.2
how the compensation of the six city attorneys should be measured or what data should be used,
or how to handle the potential that one or more of the six cities may use a contract city attorney.
It is recommended that the Council adopt rules or policies to implement these provisions. The
draft Ordinance seeks to address these issues.
Declaration of Vacancy or finding of Disabilitv
The measure provides that the City Council shall declare the office of City Attorney vacant
under certain conditions, including unexcused absences, or when a finding of disability is made
by at least a two-thirds vote of the members of the Council after considering competent medical
evidence. However, the measure does not specify the procedures for making those
determinations. lt is recommended that the City Council establish such procedures and the draft
Ordinance seeks to do so.
Filling Vacancies
The measure authorizes the City Council to fill City Attorney vacancies by appointment by
majority vote of the members of the Council, as long as less than 24 months remains in the
unexpired term. Any such appointee must meet the qualifications of the measure and the
appointment must occur within 60 days of the vacancy. However, the measure does not specify
the manner in which the Council must nominate and appoint such a replacement (i.e., by an open
application, public process or solely by Council nomination and approval). It is recommended
that the Council establish a process for such appointments. The draft Ordinance seeks to
establish such a process.
Boards, Commissions and Agencies uf tbe City
The measure provides that the City Attorney shall advise all boards, commISSIons and other
agencies of the City on legal matters referred to him or her, and render written legal opinions
when the same are requested in writing by the Mayor or a member of the Councilor the City
Manager or any other officer, board or commission of the City. However, the measure does not
address how and when the City's various boards, commissions Or agencies may request a written
legal opinion rrom the City Attorney. Jt is recommended that the City Couneil establish a
procedure for such requests for a written legal opinions and the draft Ordinance seeks to do so.
Approval or Ratification of Legal Proceedings
The measure provides that the City Attorney may commence legal proceedings subject to
approval or ratification by the City Council. The measure does not specify how Or when
ratification must be obtained. Jt is reeommended that the City Council establish a procedure for
approving or ratifying legal proceedings and the draft Ordinance seeks to do so.
Appointment of Special Counsel
The measure provides that the Council "may" empower the City Attorney, at his or her request,
to employ special legal counsel. It is recommended that the City Council establish a procedures
making and approving such requests. The draft Ordinance seeks to establish these procedures.
[Ordinance No.
1
Page No.3
Conflicts of Interest
The measure provides that City officers may retain special legal counsel at City expense when
the elected City Attorney has a conflict of interest, subject to the recommendation of the City
Arromey and the approval of\he City Council. It is recommended that the City Council consider
establishing a process for approval of such recommendations. The draft Ordinance seeks 10 do
so.
CONCLUSION:
The Elected City Arromey Charter Amendment establishes new roles and procedures for the
Chula Vista City Arromey. Most of the Charter Amendment is self-executing. However,
portions of the measure require implementation by the City Council. This draft Ordinance is
intended to foster discussion regarding these marrers.
FISCAL IMPACT:
None.
A TT ACHMENTS:
l. Draf10rdinance
2. Charter Amendment
DRAfT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADDING CHAPTER 2. I I TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE OFFiCE OF THE ELECTED
CITY A TTOIU-JEY
WHEREAS, in November of 2008, the residents of the City of Chula Visra approved
Proposition Q, which amended the Chula Vista City Charter to make the office of City Attorney
an eJected office of the City; and
WHEREAS, Proposition Q made changes to the City Charter related to the City
Attorney's role, powers and relationship with the City Council; and
WHEREAS, portions of Proposition Q require Ciry Council action to ensure the
measure's full implementation; and
WHEREAS, the City Council intends to fully implement Proposition Q by adding
Chapter 2.1 I to the Chula Vista Municipal Code.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as [ollows:
SECTION] :
That Chapter 2.] I of the Municipal Code is hereby added to read as follows:
Chapter 2.11
ELECTED Cln' ATTORJ'IEY
SECTIONS:
2.11.010 Findings
2. I 1.020 Purposes
2.1 I .030 Compensation of City Anomey
2. I I .040 Declaration of Vacancy
2. I I .050 Filling a Vacancy
2.11.060 'Boards, Commissions and Agencies of the City
2. I 1.070 Council Approval or Ratification of Legal Proceedings.
2.1 I .080 Appointment of Special Counsel
2.1] .090 Conflicts of Interest
2.11.010 Findings.
A. In November of 2008, the residents of the City of Chula Vista approved Proposition
Q, whieh amended the Chub Vista City Chaner to make the office of City Attorney an elected
office of the City ("the Measure").
ORDINANCE NO.
B. The City Council finds that implementation of portions of the Measure requires action
by the City Council.
C. The City Council further finds that the Chula Vista Municipal Code should be
amended to implement the Measure where City Council action is required.
D. The City Council further finds that this Ordinance is not intended to, and does not in
any way, amend or alter the provisions of the Measure. In the event of conflict between this
Ordinance and the Measure, the Measure shall govern.
2.11.020 Purposes
A. The City Council intends by adding this Chapter to implement the Measure, to ensure
the complete and seamless transition of the office of City Anorney from an appointed to an
elected position, and to ensure compliance with state and local laws.
B. The City Council does not intend by this Chapter to expand or restrict the Measure's
scope or seek to address issues already specifically addressed in the Measure.
2.11.030 Compensation of City Attorney.
The Measure authorizes the City Council to set the compensation of the City Anorney.
In addition, the Measure specifies a formula to determine the minimwn compensation that may
be paid to the City Anomey. To implement this formula, the City Council shall, as of February
of each year, use the most current annual population estimates published by the California
Department of Finance, Demographic Research Unit, to determine the six California cities whose
population is closest to the City, as specified in the Measure. In the event that the city attorney
of any comparable city is not an employee of that city, the compensation for such city attomey
shall not be used as a comparison and the city with the next higher and/or next lower population,
as applicable, shall be used in the comparison.
As of March of each year, the City shall, for each comparable city as identified above,
obtain a copy of the employment contract for the city attorney and/or other docwnentation
necessary to demonstrate the city at1orney's salary. The City shall also obtain a ccrtified report
from each city's city manager, or his/her designee, regarding the city attorney's compensation as
of March of the then current year. This data shall be used to calculate the minimum salary of the
City Anorney and shall be made available to the public no later than May of each year.
For purposes of this Section, "compensation" means any and all payments made by a city
to the: city attorney, or accrued to the benefit of the city anorney, as consideration for the public
official's services to the city. Such payments include wages, pension benefits, health and other
insurance coverage, rights to compensated vacation and leave time, free or discounted
transportation, payment or indemnification oflegal defense costs, and similar bcnefits.
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ORDfN.A..i"\JCE NO.
2.11.040 Dcclaration of Vacancy.
The Measure sets forth circumstances in which the City Council may declare the oftice of
Citv Attornev vacant. A declaration of vacancv shall be made during a regularlv scheduled Cit\'
p r . ~ ..... r .
Council meeting following a public hearing. Prior to declaring the office of City Attorney
vacant, the City Council shall make findings, by resolution, setting forth the basis for such
declaration.
2.11.050 Filling a Vacancy.
The Measure provides that a vacancy in the office of City Attorney be tilled by the City
Council when fewer than 24 months remain in the term of the office. At such time as a vacancy
in the office of City Attorney is declared by the City Council with less than 24 months remaining
in the unexpired term, members of the City Council may submit to the City Clerk, no later than
ten business days after said declaration, the name of one nominee to fill the vacancy, together
with any information in support of such nomination. The City Clerk shall prepare and submit to
the City Council a full list of nominees and shall cause to be placed on the agenda of the next
regularly scheduled City Council meeting an item for the discussion and action by the Council
on the nominees. The City Council shall consider all such nominees and shall vote to select a
nominee to fill the vacancy after a public hearing. The replacement shall be appointed 10 office
within 60 days of the declaration of vacancy.
2.11.060 Boards, Commissions and Agencics of thc City.
The Measure provides that the City Attorney shall advise all boards, commissions and
agencies of the City on legal matters referred to him or her. The City Council may waive the
referral requirement and authorize, by resolution, any board, commission or agency to directly
request services of the City Attorney. Otherwise, all boards, commissions and agencies of the
City shall be required to request City Council authorization prior to requesting any City Attorney
services. In such -cases, in order to request legal services, the board, commission or agency
requesting such services shall present a written request to the City Council, which shall specify
the particular matter or matters for which the board, commission or agency seeks services, a
description of the requested scope of services, and any time constraints associated with said
services. The City Council shall hear and act upon such request during a regularly scheduled.
City Council hearing or closed session, as appropriate. If approved, the City Council shall
forward the request to the City Attorney for action.
The City Attorney may recommend to the City Council, at any time, that a board,
commission or agency be represented by special legal counsel, when, in the sole discretion of the
City Attorney, it is necessary in order to avoid a conflict of interest under state or 10cClllaw.
2.11.070 Council Approval or Ratification of Legal Proccedings.
The Mcasure provides that the City Attorney may exercise discretion as to when to
commence or maintain legal proceedings when a cause of action exists in favor of the City. The
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ORDINA-NCE NO.
City Attorney shall seek approval before commencing or maintaining a claim on behalf of the
City whenever possible. Whenever the City Attorney requests prior approval of such a claim,
the City Council shall act on the request by the City Attorney to commence or maintain legal
proceedings within a reasonable time and shall make any necessary adjustments to the City'
budget. In the event that the City Attorney is unable to request approval prior to commencing or
maintaining a claim, the City Attorney shall request that the City Council schedule a closed
session hearing for ratification of the claim at the next regularly scheduled City Council meeting.
In the event that the City Council declines to approve or ratify the legal proceedings, the City
Attorney shall complete all activities necessary to conclude or terminate the legal proceedings in
a timely manner.
2.11.080 Appointment of Special Counsel.
The Measure authorizes the City Council to empower the City Attorney, at his or her
request to employ special legal counsel. In requesting the appointment of special legal counsel,
the City Attorney shall present a written request to the City Council specifying the basis for the
request for special legal counsel and the timeframe, scope and matter for which the special legal
counsel is recommended. The request shall be heard during a regularly scheduled City Council
meeting. Upon approval of the use of special legal counsel, the City Council shall make any
necessary adjustments to the City budget. The City Council may, by resolution, delegate this
approval authority to the City Manager.
2.11.090 Conflicts of) nterest.
The Measure provides that an officer of the City may retain special legal counsel when a
conflict of interest exists between the City Attorney and such office of the City. At such time as
the City Attorney finds, in his or her sole discretion, that a conflict of interest exists, the City
Attorney shall make a written recommendation to the City Council that the City retain special
legal counsel. The \vritten recommendation shall. include the basis for the conflict of interest and
the timeframe, scope and legal matter for which the outside legal counsel is recommended. The
City Council shall'approve such request unless extenuating circumstances apply.
SECTION II. SEVER.A.BILITY.
If ~my section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason
held invalid or unconstitutional, such portion shall be deemed a separate and independent
provision and such decision shall not affect the validity of the remainder.
SECTION III.
This Ordinance will take effect and be in full force thirty (30) days from final passage.
4
ORDINANCE NO.
SECTION IV. CERTIFICATION.
The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to
be published once in a newspaper of general circulation printed and published within the City of
Chula Vista.
Presented by
Approved as to form by
5
The followim, is the te,\! of the amendments to the Charter of the Citv of Chula Vista. submitted
[Q and ratified by the voters of the City ofChu]a Vis:a on November 4, 200S: .
ELECTED CITY A TTOR!"'EY ACT
Section 1.
Puroose and Findings - Elected Cit" Attornev.
This charter amendment is intended to provide for the election of the City Attorney by
the residents of the City of Chula Vista. The City of Chula Vista should have an elected City .
Attorney who is responsible to Chula Vista residents instead of an appointed citv attorne;-
responsible only to the Mayor and City CounCIL It is in the best interests of the City of Chula
Vista that the Cit')' Attorney be sufficiently independent of the City Council and other city
. officials to able to both advise the city and act in the best interests of the public.
Section 2.
i\rnendment of the Charter.
A. Section 503 of the Charter of the City of Chula Vista IS hereby amended to read as
follows:
Section 503 Ci;" Attorney: Election. Powers and Duties
(a) Designation as Officer. The City Arromey shall be an officer of the City, in addition
to any other officers designated pursuant to this Charter. It is the intent of the voters that the Cirv
Attorney shall be sufficiently independent of the City Council and orher city officials to advis~
u1e City while also acting in the best interests of the public.
(b) Powers of the City Attorney. The City Arromey shall:
(1) Represent and advise the City Council and all city officers in all matters of
law pertaining to their offices 'L'1d advise all boards, commissions, and orher agencies of
the City on legal matters referred to him Ot her, and render ""Tirren legal opinions when
the same are requested in wri;i.llg by the Ma;;or Ot a member of the Councilor the City
Manager or a'1)' OL'oer officer, bo~d or cornmission of the City;
(2) Represent and appear for the City and any ci;y officer or employee, or former
City officer or employee, in any or all c.cllons c.nd proceedings in which the Ci", or any
such officer or employee in or by reasons of his or her official cap.acity, is concerned or is
a pany;
(3) Attend all regular meetings of the City Council and give his or her opinion in
\\.Tiling \\'henever requested to do so by the City Councilor by aT"!)' or the bo~ds or
officers of the City;
(4) Approve the form of ali contracts made by and all bonds given to the City,
endorsing approval [hereon IT! \YTIting;
(5) Prepare any and all proposed ordinances or resolutions for the City, and
amendments thereto;
(6) Prosecute, if so directed by ordinance of the City Council, all offenses against
the ordinances of the City and for such offenses against the laws of t.'1e State as may be
required by law, and shall have concurrent jurisdiction with the District Attorney of the
County of San Diego to prosecute persons charged with or guilty of the violation of the
State laws occurring within the City limits of the City of Cbula Vista for offenses
conStitutlDg misdemeanors;
(7) Whenever a cause of action exists in favor of thc City, exercise discretion as
to when to commence or maintain legal proceedings, subject to the. approv:!l or
ratification by the City Council, when the basis for such action is within the knowledge of
the City Attorney, or, he or she shall commence Or maintain legal proceedings as directed
by the City Council;
(&) Surrender to his or her successor ail books, papers, files and documents
pertaining to the City's affairs.
The Council may empower the City Arrorney, at his or her request, to employ special
legal counsel, and he or she shall have the power to appoint appraisers, engineers and other
technical and expert services necessary for the handling of any pending or proposed litigation,
proceeding or other legal matter. Upon the City Attorney's recommendation and the approval of
the Council, when be or she has a conflict of interest in litigation involving another office of the
City in his official capacity, such other officer may retain speciallegaJ counsel at City expense.
Nothing in this Section 503 shall be construed to prevent the City Attorney from givmg
confidential advice to the City when otherwise allowed by law.
(c) Election; Compensation of City Attorney. The City Attorney shall be nominated a.~d
elected in the same manner and at the same election as a member of L'1e City Council, except as
other.vise provided in this section. The compensation of the elected City Attorney shall be set by
the Council, but shall be not less than the median compensation paid to the City Attorneys of the
six California cities whose populations are closest to that of the City of Chula Vista., provided
that three are higher and three are lower in population, and that compensation may not be
reduced during the City Attorney's term of office, except as part of a general reduction of
salaries of all officers and employees in the same amount or proportion. The City Artomey shall
be in the Unclassified Service.
(d) Qualiflcations of City Attorney. No person shall be eligible for or continue to hold
the Office of City Attorney, either by election or appointment, unless he or she is a citizen of the
United States, a qualified elector, and a California resident, licensed to practice law in all courts
of the State of California and so licensed for at least seven years preceding his or her assumption
of office following election under this chaner.
. (e) Term of Office of the City Arromey. r,.,e City Arromey shaU be e]ecced to a nomina]
term of four years and shall commence on the first Tuesday of Decem ber of the year of the
election, and shall continue unt'J a successor qualifies.
(I) VaC2.ncy, Filling of Upon the declaration of vacancy in the Office of Lf)e City
Attorney, the Office of the City Arromey shall be filled by appointInent by tbe majonly vote of
the members of the Council; provided, that if tb.e Council shaU fau to fill a vacancy by
appointment within sixty days after such office shall become vacant, or if the unexpired term of
the City Anomey shall exceed 24 months at the tL,:ne of the appointment, the City Council sha!1
cause a special election to be held to fill such vccancy. An appointee or the person elected to rhe
Office of City Arromey for the ba]a,'1ce of a..'1 unexpired term shall hold office until the next
genera] election for the Office of the City Arromey.
(g) Vacancy, What Constitutes. The Office of City Arromey shall be declared vacant by
the Council when the person elected or appointed thereto fads to qualify within len days aner his
or her term is to begin, dies, resigns, ceases to be a resident of the State or absents himself Or
herself continuously from the State for a period of more than thirty days without permission from
the Council, absents hiillself or herself frOill any seven consecutive regular meetings except on.
account of OViIJ i]lness or when absent from the Ciry by permission of the Council, is convicted
of a felony, is judicially determined to be an incompetent, is permanently so disabled as to be
unable to perform the duties of his or her office, forfeits hIS or her office under any provision of
this Chaner, or is removed from office by judicial procedure. A finding of disability shall
require the affirmative vote of at least two-thirds of the members of the Council aner considering
competent medica] evidence bearing on the physic a] or mental capabillly of the City Anomey.
B. Section 500 of the Charter of the CllY ofChu]a Vista is hereby ainended as follows:
500. Election. ADPointment and Removal of Officers and DeDartment Heads
(a) Election; Appoin,ment. The City Attorney shall be elected by the voters of ,he Citv.
Tne City Manager and City Clerk shall be appointed by and serve at the pleasure of the City
Council and shall ae in the Unciassified Service. In addition, there shall be in the Unclassified
Service a private secrera.; fDr the City Manager, Citv ArrDmey and the Mayor and Council who
shall be appDinted by the respecti ve Dfficers for ",'horn they serve. All oLoer officers and
department heads Df the Cit;, a.'1d the Assistant City Manager shall be appointed by the City
Manager subject to the approval of the City Council. The City Arromev shall also appoint
Assistant or Deputy City AITomeys as may be authorized by the Council, who shall be in me
Unclassified Se:vice. The City Clerk may also appoint Assistant or Deputy City C!erks as may
be authorized by the Council subject tD the approval of the Council who shall be in the
Unclassified Service. It is fJnher provided the City Council may, by ordinance, place Assistant
and Deputy Department Heads, Assistants to Loe City i\1anager and new management ]evel
positions in me Unclassified Service b;' a four-fifths vote of the Council.
(b) Removal Ofiicers and employees in the Unclassified Service appointed bv the City
Council may be removed by tbem at any time by a majority vote of the members of the Council,
and such officers and department heads in the Unclassified Service appointed by the City
Manager or City Attorney, respectively, may be removed by him or ber at any time and, in the
case of appoimees in the Unclassified Service, the order of the City Council, the City Arrorney,
or the City Manager affecting said removal shall be final and conclusive. The positio:1 of said
officers and employees shall be declared vaca.-ll if said officer or employee is convicted of a
felony or crime involving moral turpitude. Any appointee or employee in the Unclassified
Service so removed by the Ciry Manager, the Ciry Attorney or CiTy Clerk may, however, within
five (5) days after receipt of a notice of dismissal, demand a ,,'finen statement of the reason for
such dismissal, a copy of which shall be forthwith filed with the Ciry Council. Upon receipt of
such written statement so furnishcd by the Ciry Manager, lhe Ciry Attorney or City Clerk to the
City Council, the Council shall fix a time and place for a pubiic hearing, at which hearing the
Council shall have authority to invesligate the facts set forch in said wrinen cOrtlrnunication from
the Cit)' Manager, the City Arrorney or Ciry Clerk containing the reason for said dismissal, and
determi:1e the truth or falsiry of said facts. Council shall report its fU'ldings and recommendalions
made as a result of such hearing, and cause a copy of said fU'ldings ro be delivered to the Ciry
jvfanager. the Citv Attornev or Cirv Clerk and file the ori!linal with the City Clerk. The
~ . -' . '" ~ . '"
dismissed appointee or emplDyee in such cases shall have the right to file with the CDuncil a
\vritten reply or answer to any charges filed by the Ciry Manager, the CiTy Attorney or the Ciry
Clerk. All "Tirren documents, including the CiTy Manager's, lhe CiTy Arrorney's or the Ciry
Clerk's written reasons for such dismissal, and the reply of tbe dismissed appointee or employee,
lhe findings and decisions of the Council, and any documentary evidence used at the hearing
shall be filed with the proper office of the Ciry as public records, open fDr inspection at any time.
Nothmg her6n contained, however, shall be construed as in any way limiting the authority and
power of the City !\,ranager, the City Attorney or the City Clerk to remove any appointee or
employee in the Unclassified Service of the Ciry, so appointed or employed, and all such
removals shall be final and conclusive.
(c) No fiscal impacts. Except as expressly provided in Section 503, nothing in this
Section 500 shall be construed to lin1it the budgetary authorit)' of lhe City Council as respects the
officers and employees under the supervision of the City Attorney.
Section 3.
Implement3.tion.
A. Upon the effective date of this initiative, the provisions of this initiative shall be inserted
into the Charter as amendments thereto. .'v1y provisions of City Charrer, Slate law or cily
ordinances inconsistent with these amendmems shall be unenforceable to the extent of the
inconsistency.
B. The City Arromey serving at the time of the adoption of this iillliative, or his or her
successor(s) shall continue to be qualified to hold such office, and shall carry Dut lhe duties and
be authorized to continue to exercisc any and all powers or that office under the terms and
conditions of this Charter and general law existing prior to the adoption oftbis initiative, until his
or her successor is qualified and assumes office by election or appointment as a result ofrhe next
general eleclion.
Section 4.
Sever2.biJitv.
If any word, sentence, paragT2.ph, subparagraph, section or portion or this initiative is
declared to be invalid by a court, the remaining words, sentences, paragraphs, subpalagraphs,
sections and ponions are to remain valid and enIorceable.
Secti on 5.
Amendment or Repeal.
This L'1itiative may be amended or repealed only by t.'1e voters at a City election.
Section 6.
Effective Dare.
If a majority of the voters voting on the proposed chaner amendment vote in its favoL the
chaLer amendment shali become valid and binding upon filing by the California Secretary of
State.
Cenified and Authenticated by:
Choryl Q~.J! ~
J~Aft
j} ~,{,,~
Oohr;a Norris, City Clerk
Attested by':
/~ua Ie. N;~
Donna Norris, C ty ctefk