HomeMy WebLinkAbout2012/01/10 Item 04j CITY COUNCIL
AGENDA STATEMENT
~~~~~ CITY OF
CHULA VISTA
Inona, Ire~,~
ITEM TITLE
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
NICHOLS CONSULTING ENGEVEE CHARTERED, FOR
PAVEMENT TESTING AND MANGE T SERVICES
DIRECTOR OF PUBLIC WORKS
ASSISTANT DIltECT OF ENGIN
CITY MANAGER ~
ASSISTANT CITY ANAGER~)
4/STHS VOTE: YES ^ NO
SUMMARY
The City entered into an agreement with Nichols Consulting Engineers on May 17, 2011 for
pavement testing and management services. These services included advising the City on the
inclusion of various pavement rehabilitation techniques in the City's Pavement Management
System. The City has subsequently received funding from San Diego Gas and Electric
(SDG&E) to perform a study investigating the use of cool paving techniques on City streets and
parking lots. Staff recommends that this study be included as part of the Nichols agreement in
order to expand on the resources available in the Pavement Management System.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity falls
under the statutory exemption pursuant for Feasibility and Planning Studies in accordance with
Section 15262 of the State CEQA Guidelines because the action consists of an amendment to an
agreement consisting of the preparation of a technical assessment report to be used for possible
future actions that the City has not approved, adopted, or funded. Thus, no further environmental
review is necessary. Although environmental review is not necessary at this time, once the scope
of individual projects to be funded has been defined, environmental review will be required for
each project and the appropriate environmental determination will be made.
RECOMMENDATION
Council adopt the resolution.
4-1
1/10/12, Item
Page 2 of 4
BOARDS/COMMISSION RECOMMENDATION
On October 24, 2011, a report was presented to the Resource Conservation Commission
regarding the proposed Cool Paving Study. The Commission unanimously recommended that
the Council approve expansion of the current pavement contract to include a Cool Paving study.
DISCUSSION
In 2006 the City implemented a new Pavement Management System, using the Streetsaver
software program. On January 10, 2006 Nichols Engineering was awarded a contract for
$254,900 to visually inspect and rate each segment of the City's street system, install and link the
pavement management software to the City's Geographic Information System, provide City staff
with field and computer training, provide technical support, and produce a budget analysis and
multi-year work plan for the City. In 2009 Nichols subsequently re-inspected all of the City's
collector and arterial streets and a selected collection of local streets.
Nichols was subsequently awarded a second contract for pavement testing and management
services by adoption of Resolution No. 2011-086 on May 17, 2011 (Attachment 1). This
contract included the following tasks:
• Reviewing and updating the City's street inventory
• Visually inspecting and rating each street segment
• Reviewing and advising the City on the use of pavement rehabilitation technologies
• Providing field inspection and computer software training for City staff
• Preparing a Quality Control/ Quality Assurance Plan for use by both Nichols personnel
and City staff
In the past, the City's pavement rehabilitation techniques were generally broken down into
slurry/ chip seal programs and overlay programs, with occasional street reconstruction. More
recently, City staff has been investigating other types of seals and rehabilitation techniques.
Staff required that Nichols advise the City on the inclusion of various proven maintenance,
rehabilitation and reconstruction techniques for use in the Pavement Management System,
including "Cool Pavement" methodologies appropriate for use as maintenance/ rehabilitation
methods for public streets.
Cool Paving
On October 20, 2009, staff presented Council with the 2008 Greenhouse Gas Emissions Report
and a plan For a development of a Climate Adaptation Strategy. Council authorized the
formation of a Climate Change Working Group, which would formulate recommendations for
Council approval prior to November 2011. These recommendations were presented to Council
on May 3, 2011 (Attachment 2). Over a 12-month period and several public meetings and
forums, eleven strategies were chosen that relate to energy and water supply, wildfires, coastal
resources, and the local economy.
Cool Paving was included as Strategy #1. This generally refers to paving surfaces that reflect a
greater amount of solar radiation, increase the ability of pavement to cool at night, and/ or allow
pavement to cool through evaporation. The original proposal recommended that the City
perform a pilot project to evaluate multiple cool pavement strategies. The project was intended
to evaluate the use of cool paving techniques on both residential and collector/ arterial streets and
4-2
1/10/12, Item
Page 3 of 4
both public and private parking lots. At the conclusion, staff was to develop recommendations
for incorporating reflective pavement into municipal and private parking lot projects over a
certain size for consideration by Council. The cost was estimated as $115,000.
After further investigation, it was determined that the best initial step to take on the use of cool
paving techniques would be prepazation of a feasibility study. Most cool paving techniques are
still in the experimental stage. There are different techniques that are appropriate for different
uses, such as parking lots vs. new streets vs. streets that require pavement rehabilitation. Most
pilot projects are performed by specific contractors/ suppliers who are willing to perform
services for reduced costs, such as materials only, in order to demonstrate the effectiveness of a
specific product or technique. A study would give the City the necessary information to
determine which methods the City should test, the best locations for such a trial, and the next
steps that should be taken towards implementing such technologies within the City.
Since the current Nichols Engineering contract includes the investigation of various pavement
methodologies, it would be appropriate to have Nichols work on the Cool Paving contract. The
information and conclusions from the Cool Paving study would effectively inform the work on
evaluating pavement strategies for use in our pavement management system and our pavement
rehabilitation program.
Based on the revised scope of work, it was decided that the funding for the study would be
reduced to $85,000, with a maximum of $50,000 in consultant costs. In August 2011, $85,000
was made available to the City subject to the SDG&E Partnership agreement for use on the Cool
Paving study. As a condition of accepting this funding, both the City and the consultant are
required to abide by the provisions of the Agreement to Jointly Deliver the 2010-2012 City of
Chula Vista Energy Efficiency and Conservation Paztnership Program between the City and
SDG&E, dated December 15, 2009. All work funded under this agreement must be completed
by December 31, 2012.
On October 24, 2011, City staff gave a presentation on the Cool Paving Study to the Resource
Conservation Commission and distributed copies of the draft Scope of Work. The presentation
included the purpose of cool pavement, project milestones, a discussion of the scope of work,
and State legislation. The commission made a motion to recommend that Council approve
expansion of the current pavement management contract to include a cool paving study. The
motion passed unanimously (Attachment 3).
Staff negotiated a contract amendment with Nichols Engineering to prepare the Cool Paving
Study for $50,000 (Exhibit A). The main components of the study will include the following:
• Reseazch and Investigation: This will include a discussion of available strategies,
including pavements, coatings, vegetative surfaces, and porous/ pervious pavements,
and the applicability for using these treatments on new and existing facilities; streets,
walkways and parking lots
• Availability and Feasibility: The consultant will identify and discuss projects in the
southwestern United States and California and identify local and regional suppliers
and contractors in order to determine the feasibility of constructing similaz projects in
the San Diego area.
4-3
1/10l12,Item
Page 4 of 4
Cost/Benefit Analysis: The estimated cost of cool paving methods will be compared
to existing paving methods. Benefits of cool paving will be discussed.
Recommendations: The consultant will provide recommendations on the best course
of action for the City to take regarding cool pavement, including identification of sites
for demonstration projects, potential funding sources for pilot programs, and potential
outreach efforts.
Staff plans to return to the Resource Conservation Commission and Council after completion of
the study to report on the findings and propose actions to implement the recommendations of the
study.
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)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
This cost of this project will be covered by funds provided by SDG&E and funds included in this
year's budget. Passage of this resolution will not have any current fiscal impact on the City.
ONGOING FISCAL IMPACT
There will be no direct fiscal impact on the City.
ATTACHMENTS
1. Resolution No. 2011-086
2. May 3, 2011 Council Report on Adopting the Climate Adaptation Plans
3. Minutes of the October 24, 2011 Resource Conservation Commission meeting
Exhibit A. First Amendment to Agreement between City and Nichols Consulting Engineers
Prepared by: Elizabeth Chopp, Senior Civil Engineer, Public Works Engineering
File #OP219, SDCEIOA
J: IEngineerlAGENDAICAS20/2101-10-121Coo1 Paving Amendment.dac
4-4
~TTAC#iMENT I
RESOLUTION NO. 201 ]-086
RESOLUTION OF CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND NICHOLS CONSULTING
ENGINEERS, CHARTERED, FOR PAVEMENT TESTING
AND MANAGEMENT SERVICES
WHEREAS, the City is required to have a pavement management system in order to
qualify for State Pavement Funding; and
WHEREAS, the last City-wide pavement inspection was conducted in 2006. Updated
pavement information is needed in order to insure that pavement rehabilitation decisions are
made based on up-to-date condition information; and
WHEREAS, in the Fiscal Year 2010/2011 Capita] Improvement Program, $250,000 was
approved for Fiscal Yeaz 2010/2011 for the Pavement Management System from the City's
Trans-Net allocation. An additional $50,000 is proposed for Fiscal Year 2011/2012; and
WHEREAS; staff issued a Request for Proposals to Provide Pavement Testing and
Management Services on November 26, 2010. Six proposals were submitted; and
WHEREAS, the Selection Committee interviewed all six firms on February 11 and 15,
ZO11. Based on the proposals submitted and the interview process, the committee determined
that Nichols Consulting Engineers, Chartered, is the best qualified firm to perform this work; and
WHEREAS, the funding appropriated under OP219 is sufficient to cover the contract
cost of $159,500.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve an agreement between the City of Chula Vista and Nichols
Consulting Engineers, Chartered, for Pavement Testing and Management.
Presented by
~~- ~~~~
-' _---
Richazd A. Hopl ' s
Director of Pub c Works
Approved as to form by
~ ~
-vt li
len R. oogins
omey
4-5
Resolution No. 2011-086
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of May 2011 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
~~
Cheryl Cox, ayor
ATTEST:
_ - C / I V ~ttltd
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2011-086 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 17th day of May 2011.
Executed this 17th day of May 2011.
~ `-'liV ~ ~ ~o/ r N
Donna R. Norris, CMC, City Clerk
4-
ATTACHMENT ~
CITY COUNCIL
A STATEMENT
~~ CITY OF
CHULAVISiA
5/03/11, Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA (1) ADOPTING THE CLIMATE ADAPTATION PLANS, (2)
APPROVING PARTIAL IMPLEMENTATION OF THE
STRATEGIES BASED ON CURRENT FUNDING LEVELS, (3)
AUTHORIZING STAFF TO PURSUE ADDITIONAL FUNDING
OPTIONS, AND (4) DIRECTING STAFF TO RETURN TO
COUNCIL WITHIN 180 DAYS W AN IMPLEMENTATION
UPDATE
SUBMITTED BY: DIRECTOR OF PUBLIC WO
ASSISTANT DIREC OF E IN
REVIEWED BY: CITY MANAGER ~
ASSISTANT CIT ANAGER ~~
4/STHS VOTE: YES ^ NO
SUMMARY
At City Council's direction, the Climate Change Working Group developed strategies through a 12-
month public process to reduce future risks and costs from expected local climate change impacts
(known as climate "adaptation"). Staff has since developed more detailed implementation plans for
these Climate Adaptation Strategies which outline specific steps, costs, and timelines. If approved,
staff will partially implement the strategies based on available funding and return to City Council
with specific policies and ordinances for future consideration.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the
California Enviromnental Quality Act (CEQA) and has determined that the action qualifies for a
Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies for
Protection of the Environment] of the State CEQA Guidelines because, the contemplated action
proposes adoption of climate protection polices and programs designed to reduce harmful
greenhouse gas or "cazbon" emissions and their associated impacts. Thus, no further
environmental review is necessazy.
RECOMMENDATION
Council adopt the resolution.
9-1
4-7
5/03/11, Item
Page 2 of 3
BOARDS/COMMISSION RECOMMENDATION
The Climate Adaptation Strategies' Implementation Plans were presented to the Resource
Conservation Commission, the Planning Commission, and the Board of Appeals & Advisors to
solicit feedback on their content and structure in February/Nlarch 2011. The Resource
Conservation Commission and the Planning Commission formally recommended that City
Council adopt the plans, while the Board of Appeals & Advisors just provided comments on the
plans to staff due to the lack of a quorum at their meeting. Similarly, the Chula Vista
Redevelopment Corporation was provided a copy of the plans for review and encouraged to
provide comments to staff.
DISCUSSION
The Ci[y of Chula Vista has long understood the threats of climate change to its community and
has established itself as a leader amongst municipalities in planning to reduce or "mitigate"
citywide greenhouse gas emissions. However, despite efforts both locally and globally to
mitigate emissions, some level of climate change will still occur and have noticeable impacts on
the San Diego region. Expected impacts include hotter and drier weather, diminished imported
water supplies, more poor air quality/heat wave days, more frequent wildfires, shifts in habitat
and species distribution, and increased rates of sea level rise.
In October 2009, the City Council directed the Chula Vista Climate Change Working Group
(CCWG) -comprised of businesses, residents, and community representatives - to identify
Chula Vista's vulnerability to expected local climate change impacts and to develop strategies to
reduce future risks and costs from these impacts (known as climate "adaptation"). Through 13
public meetings and forums over a 12-month period, the CCWG ultimately chose 11 strategies
related to energy and water supplies, public health, wildfires, biodiversity, coastal resources, and
the local economy:
Strategy #1 -Cool Paving
Strategy #2 -Shade Trees
Strategy #3 -Cool Roofs
Strategy #4 -Local Water Supply & Reuse
Strategy #5 -Storm Water Prevention & Reuse
Strategy #6 -Education & Wildfires
Strategy #7 -Extreme Heat Plans
Strategy #8 -Open Space Management
Strategy #9 -Wetlands Preservation
Strategy #l0 -Sea Level Rise & Land Development Codes
Strategy #11 -Green Economy
In October 2010, the City Council accepted the CCWG's recommendations and directed City
staff to develop implementation plans within 180 days. Pursuant to that direction, the Climate
Adaptation Strategies' Implementation Plans (Attachment A) were developed by a multi-
department team and provide a more detailed framework for each strategy's implementation
components, timelines, and costs. The plans were designed to ensure that they complement
(without being redundant) Chula Vista's current climate "mitigation" measures to reduce
greenhouse gas emissions and to be flexible enough for future modifications as new climate
change impacts data and modeling becomes available. They were also structured to build upon
9-2
4-8
existing municipal efforts (rather than create new stand-alone initiatives or programs) to improve
their implementation feasibility considering the City's current staffing and funding limitations.
Many of these existing efforts are supported through external grants and partnerships which can
only be used for environmentally-related activities and programs. Finally, staff integrated the
feedback from various City Commissions and other stakeholders in finalizing the plans
(Attachment B).
The proposed Climate Adaptation Strategies will help to reduce the City's future risks and costs
from expected local climate change impacts. If the Climate Adaptation Strategies'
Implementation Plans are approved by Council, staff will proceed with partially implementing
the plans based on available funding and will develop the specific policy/ordinance language
which would then be presented to the various City Commissions and, ultimately, the City
Council for future review and consideration. Staff will also pursue additional external funding
sources to support full, long-term implementation.
DECISION MAKER CONFLICT
Staff has reviewed the decisions contemplated by this action and has determined that, in each
case, either: (i) the decision is not site specific and consequently the 500 foot rule found in
California Code of Regulations section 18704.2(a)(1) is not applicable to this decision; or (ii)
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 which is the subject of the action (i.e., Strategy
No. 8 -the Otay Ranch Preserve boundary, and Strategy No. 9 -the Chula Vista Bayfront Master
Plan and the Otay Valley River Park boundaries).
CURRENT YEAR FISCAL IMPACT
Initial implementation of all 11 strategies will be phased and will cost approximately $554,000.
Of these initial costs, existing funding sources will allow at least 8 of 11 strategies to be fully or
partially implemented. Because staff will only implement the measures based on available
funding, approval of the Climate Adaptation Strategies' Implementation Plans will not create a
new impact to the General Fund.
ONGOING FISCAL IMPACT
Ongoing implementation of the 11 strategies will cost approximately $337,000 annually and will
be partially covered through existing funding sources as well. Because staff will only implement
the measures based on available funding, approval of the Climate Adaptation Strategies'
Implementation Plans will not create a new, ongoing impact to the General Fund. In some cases,
the Climate Adaptation Strategies may generate utility cost savings for municipal operations
(and the community) over time. Furthermore, the cost of "no action" could be significant in the
long term through public and private infrastructure damages, public safety and health issues, and
energy and water shortages.
ATTACHMENTS
Attachment A-Climate Adaptation Strategies' Implementation Plans
Attachment B -Stakeholder Comments on Climate Adaptation Strategies' Draft Plans
Prepared by: Brendan Reed, Environmental Resource Manager, Public Works
X:IPUBLIC WORKS',1GENDAICAS20l1IOJ-03-!/IC/imateAdaptation Plans_CAS_DRAFT!!l.doc
9-3
4-9
~~l/~
~4~" CTTACHMENT A
CHULA VISTA
CLIMATE ADAPTATION STRATEGIES
Implementation Plans
May 2011
SUMMARY
The City of Chula Vista has long understood the threats of climate change to its community and
has established itself as a leader amongst municipalities in planning to reduce or "mitigate"
citywide greenhouse gas emissions. However, despite efforts both locally and globally to
mitigate emissions, some level of climate change will still occur and have noticeable impacts on
the San Diego region. In order to manage these likely climate change impacts and to reduce
future risks and costs, the City of Chula Vista's Climate Change Working Group -comprised of
residents, businesses, and community representatives -recommended 11 strategies to "adapt" the
community to these impacts within energy and water supply, public health, wildfires, ecosystem
management, coastal infrastructure, and the local economy sectors.
List of Climate Adaptation Strategies
1 .,
Cool Paving
7
Extreme Heat Plans
z Shade Trees 8 Open Space Management
3 Cool Roofs 9 Wetlands Preservation
4 Local Water Supply & Reuse 10 Sea Level Rise & Land Development Codes
5 Storm Water Prevention & Reuse 11 Green Economy
6 Education & Wildfires
At City Council's direction, staff has developed more detailed implementation plans for these
Climate Adaptation Strategies. For each strategy, the plans outline specific implementation
components, critical steps, costs, and timelines. In order to limit the necessary staffing and
funding required to implement the strategies, the plans were also designed to build upon existing
municipal efforts rather than create new, stand-alone policies or programs. Initial
implementation of all 11 strategies will be phased in over the next 3 years and will cost
approximately $554,000. Of these initial costs, existing funding sources will allow at least 8 of
I 1 strategies to be fully or partially implemented. Ongoing implementation of the I 1 strategies
will cost approximately $337,000 annually and will be partially covered through existing funding
sources as well. If the Climate Adaptation Strategies' plans are approved by City Council, staff
will partially implement the measures based on available funding and pursue additional external
funding sources to support fidl, long-term implementation. Therefore, approval of the Climate
Adaptation Strategies will not create a new impact to the General Fund.
Climate Adaptation Strategies
Final Implementation Plans
1 of 42
9-4
4-10
O VERVIE W
Since the eazly 1990s, Chula Vista has been engaged in multiple climate change forums
including the United Nations Framework Convention on Climate Change, the ICLEI Cities for
Climate Protection campaign, the California Climate Action Registry, and the U.S. Conference
of Mayor's Climate Protection Agreement and has committed to reduce its greenhouse gas
(GHG) emissions 20% below 1990 levels. To accomplish this GHG reduction or climate
"mitigation" goal, the City adopted a Cazbon Dioxide (CO2) Reduction Plan in 2000 which
outlined steps for Chula Vista to reduce energy and fuel use at municipal facilities and
throughout the community. In 2008, seven new climate mitigation measures were adopted by
City Council to augment past efforts by improving energy and water efficiency, expanding
renewable energy systems, converting to more fuel efficient and alternative fuel vehicles, and
designing transit-friendly, walkable communities. Overall, the City's climate protection
programs and policies have helped Chula Vista reduce GHG emissions from municipal
operations by 47% and community per capita emissions by 27% compazed to 1990 levels. As a
result, the City has been recognized for its climate-related accomplishments by multiple external
organizations such as the US Environmental Protection Agency, ICLEI-Local Governments far
Sustainability, California Sustainability Alliance, California Center for Sustainable Energy, San
Diego Gas & Electric, Siena Club, and Earthworks San Diego.
To complement these climate mitigation efforts, City Council directed staff in October 2009 to
reconvene a Climate Change Working Group (CCWG) -comprised of residents, businesses, and
community representatives - to develop a list of recommended strategies to reduce Chula Vista's
vulnerability to expected local climate change impacts (known as climate
"adaptation"). Expected impacts include hotter and drier weather, diminished imported water
supplies, more poor air quality/heat wave days, more frequent wildfires, shifts in habitat and
species distribution, and increased rates of sea level rise. These impacts were identified in the
San Diego Foundation's Focus 2050 Study which synthesized the most recent, science-based
information pertaining to climate change trends and the resulting vulnerabilities to the region.
The State of California also analyzed future statewide climate change impacts through its
Climate Adaptation Strategy (2009) and has directed local governments to begin assessing their
community's vulnerability to climate change impacts and to begin integrating these impacts into
land use decisions. By minimizing the risks associated with climate impacts now, future costs
and public health concerns can be avoided and/or minimized.
The reconvened CCWG, which was established as a subcommittee of the City's Resource
Conservation Commission, included some members from the previous working group
augmented with additional members to reflect the group's new climate adaptation-related focus
areas. Stakeholders participating on the CCWG included representatives from development
companies, business associations, energy and water utilities, environmental organizations, and
education institutions. The group held 11 public-noticed meetings between December 2009
through August 2010 to review potential impacts and identify over 180 opportunities to reduce
these risks. In addition, the CCWG hosted 2 public workshops on climate adaptation planning to
solicit additional feedback which attracted over 30 community participants. The CCWG was
further supported by regional experts, climate scientists, and staff from multiple municipal
departments.
Climate Adaptation Strategies
Final Implementation Plans
2 of 42
9-5
4-11
In October 2010, the Climate Change Working Group presented their 11 recommended Climate
Adaptation Strategies (Appendix A) to City Council to address climate change vulnerabilities
and solutions related to energy and water supplies, public health, wildfires, biodiversity, coastal
resources, and the local economy. As a result, City Council directed staff to develop more
detailed implementation plans for the 11 recommendations which would outline implementation
steps, timelines, and costs. These detailed plans, which would be created by amulti-department
team and reviewed by applicable City Commissions, would be presented to City Council for
future consideration within 180 days.
This document outlines staff s general approach for implementing the 11 recommended Climate
Adaptation Strategies. For each strategy, a specific implementation plan has been created which
includes the following sections:
Overview - A review of potential climate change impacts, the original CCWG
recommendation to address these impacts, and how it relates to the proposed
program policy
Program Strategy - An in-depth description of the programmatic approach for
implementing the proposed program policy to reduce future risks and costs from climate
change impacts including outreach activities and required municipal regulatory steps
Performance Metrics -The metrics which will be tracked and reported to quantify the
performance of the program/policy
Timeline - A general timeline of important milestones as the program policy is
implemented
Budget & Financing -The required funding to implement the prograrn/policy as
proposed by City staff
.As proposed, initial implementation of all 11 strategies will be phased in over the next 3 yeazs
and will cost approximately $54,000. Of these initial costs, approximately $273,500 or 49%
will be supported by existing funding sources and will allow at least 8 of 11 strategies to be fully
or partially implemented. Ongoing implementation of the 11 strategies will cost approximately
$337,000 annually and will be partially covered (49%) through existing funding sources as well.
If the Climate Adaptation Strategies' plans are approved by City Council, staff will partially
implement the measures based on available funding and will pursue additional external funding
sources to support full, long-term implementation. Therefore, approval of the plans will not
create a new impact to the General Fund and in some cases may generate utility cost savings for
municipal operations (and the community) over time. Furthermore, the cost of "no action' could
be significant in the long term through public and private infrastructure damages (due to
wildfires and sea level rise), public safety and health issues (due to extreme heat, wildfires, and
poor air quality), and energy and water shortages (due to higher local demand). Potential
Climate Adaptation Strategies
Final Implementation Plans
3 of 42
9-6
4-12
external funding sources include federal and state grants, utility public -goods charges, and
greenhouse gas offseUmitigation fees. A City Council-approved implementation plan will
potentially make Chula Vista more competitive in soliciting these funding sources because the
plans provide a broader framework and an explicit commitment which many funding agencies
seek in applicants. In addition, City staff will continue to identify new opportunities to leverage
existing municipal efforts and work plans to cost-effectively implement the Climate Adaptation
Strategies.
Climate Adaptation Strategies
Final Implementation Plans
4 of 42
9-7
4-13
STRATEGY #1: COOL PAVING
OVERVIEW
By 200, annual average temperatures in the San Diego region aze expected to increase up to 4.5
degrees Fahrenheit with summer temperatures increasing even higher.) This temperature shift
will likely amplify the "urban heat island effect" and its negative community impacts. The urban
heat island effect, which was first recognized in the 19th century by climatologists who measured
differences in cities where natural vegetation and trees had been removed, is a phenomena in
which the air in urban areas can be 4-5°F hotter than in surrounding undeveloped areas.Z As
natural landscapes are replaced with buildings, rooftops, and pavement that absorb, store, and
then radiate heat, the amount of energy used for cooling purposes, the concentration of smog,
and the general discomfort of residents and visitors within the community increases. In areas
with tall buildings and narrow streets, heat can be trapped and airflow reduced between
structures. In addition, waste heat from air conditioning, vehicles, and industrial processes
contributes further to an urban community's heat load. As such, the Climate Change Working
Group recommended that the City should develop an ordinance incorporating reflective (or "cool
paving") into all municipal projects (parking lots and streets) and new private pazking lot
projects over a specific size. Cool pavements refer [o a range of established and emerging
paving materials which store less heat and have lower surface temperatures compared with
conventional products.
To address these climate change impacts related to the urban heat island effect, Ciry staff will (1)
perform a comprehensive study to evaluate and test multiple reflective pavement technologies
and (2) develop options, based on the study's results, for incorporating cool pavement
technologies into municipal capital improvement and development parking lot standards.
PROGRAM STRATEGY
The following specific actions will be pursued by City staff over the next 24 months:
1. Cool Paving Study & Test Area -The Public Works Department (Operations &
Engineering), with the assistance of outside technical consultants and the US
Environmental Protection Agency, will perform a pilot project to evaluate multiple
reflective or "cool" pavement strategies to help inform creation of new policies for
municipal paving capital improvement projects and private parking lot projects. In siting
a potential test area, the City will explore opportunities to focus on areas which already
need pavement repair or replacement. The pilot project will consider:
a. The current and future technologies and their applications -possible use of test
sites with long term performance measurement
b. Costs associated with reflective paving (for both municipal operations &
developers)
c. Thorough understanding of the benefits/drawbacks of cool paving techniques
d. Installation techniques and reflective paving standards
e. Short and long term performance and comparison with current practices
~ San Diego Foundation. "Focus 2050 Study: San Diego's Changing Climate." 2008
~ US Environmental Protection Agency. www.epa.~ov,~heatisland
Climate Adaptation Strategies 5 of 42
Final Implementation Plans
9-S
4-14
f. Streets -residential vs. arterial and private vs. public facilities
g. Pazking lots -private vs. public facilities
h. Maintenance of existing public and private facilities
i. Incentive opportunities (such as reduced minimum parking requirements) for
private owners to use reflective paving
j. Benefits of street and parking lot landscaping (shade trees)
Cool Paving Sta~dy Results & Standards Options -Based on the study results, staff will
develop options for incorporating reflective pavement into all municipal projects and
private parking lot projects over a specific size. The options will be presented to City
Council for review and consideration.
PERFORMANCE METRICS
Although the development of specific performance metrics would be informed by the proposed
cool pavement study, below aze some potential metrics that could be tracked and reported on an
ongoing basis to quantify the performance of the "Cool Pavement" strategy:
• Temperature reduction of cool versus traditional paving materials in test areas
• Total squaze feet of paved surfaces incorporating cool paving technologies
TIMELINE
The initial implementation of this strategy will occur over a 24-month period (summarized in
figure below). City staff will develop and release a Request for Qualifications (RFQ) for
consultants to assist in designing and implementing a cool pavement study between May and
July 2011. By the end of 2011, the study will begin and last 12-36 months (estimated). With the
results of the study and field tests, staff will prepaze policy options for cool pavements which
will be vetted through the various City commission and presented to City Council for final
rnnsideratinn.
CLIMATE ADAPTATION STRATEGY #1: Cool Pavement
Implementation Plan Timeline
o~t.t t
JWy•ti .Aware crntact for
• AtlveAS9 RFQ sutly
April ' 11 Apnl ' 12 Apnl '13
May 91 Jan '12 (or lale~ Jan'13 (or lateh
• Beyn tlewlopmmt of - Fi nallie 9utly • Present Yutly fMings antl
RFp policy oplons to Giy Cauntil
PROGRAM MILESTONES
Climate Adaptation Strategies 6
Final Implementation Plans
9-9
~f 42
4-15
BUDGET & FINANCING
The proposed components' initial implementation costs are estimated to be approximately
$115,000 for staffing and consultant fees to further evaluate cool paving opportunities and policy
options (summarized in table below). Potential ongoing annual expenses are estimated at
$5,000. These costs may be covered partially through existing external founding sources, but
additional funding will be required for full implementation. Any cool pavement policy presented
to the City Council for future consideration would include a more robust cost analysis on
municipal operations for ongoing implementation of the strategy. This analysis will also identify
costs to any particular stakeholder group (such as residents, businesses, and developers).
Adaptation Strategy #1 -Cool Pavement
City Staff $ 20,000 $ 5,000 -------
Cool Pavement Supplies $ $ -----
& Testing
Stud
y
Consultant Fees $ 85,000 $ - ------
Cool Pavement City Staff $ 5,000 $ - -------
Policy Options
Report Consultant Fees $ 5,000 $ -----
TOTAL $ 115,000 $ 5,000
UNFUNDED PORTION $ 115,000 $ 5,000
Climate Adaptation Strategies 7 of 42
Final Implementation Plans
9-10
4-1 6
ATTACHIdiENT
MINUTES OF A REGULAR MEETING OF THE
RESOURCE CONSERVATION COMMISSION
October 24, 2011
City of Chula Vista, Executive Conference Room 103
276 Fourth Avenue
MEETING CALLED TO ORDER: By Chair Stillman at 4:00 p.m.
ROLL CALL:
MEMBERS PRESENT: Chair Stillman, Commissioners Coleman, Davis, Kappes,
Rahimzadeh, Vargas, and Romo
MEMBERS ABSENT: None
MOTION TO EXCUSE: None
STAFF PRESENT: Engineering Assistant Director Quilantan, Environmental
Resource Manager Reed, Environmental Resource
Program Manager France, Sr. Project Coordinator Kurz,
Building Official/Code Enforcement Manager EI-Khazen,
Sr. Civil Engineer Chopp, Principal Economic Development
Specialist Ruiz, and Sr. Secretary Fields
OTHERS PRESENT:
APPROVAL OF MINUTES:
ORAL COMMUNICATIONS:
INFORMATION ITEMS
None
The Minutes of September 26, 2011 were approved.
None
1. Sustainable Energy Showcase Home
Senior Project Coordinator Stacey Kurz gave the presentation. She discussed Housing
Marketing & Funding and spoke on Federal Grant Sources programs and first-time home
buyers. She stated -that the Housing Division and the Conservation Division were both
working on the project, and that the first-time homeowner selection process for the
showcase property would be by lottery.
Environmental Resource Manager Brendan Reed described the energy efficiency
features that would be installed in the home. He also spoke on other Broader Energy
Retrofit programs, and Project Coordinator Kurz continued with the timeline of the
process. Kurz and Reed then addressed questions from the board.
RCC Minutes, 10/24111, Page 1 of 3
4-17
2. Beautify Chula Vista Results
Environmental Services Program Manager Lynn France stated that the Beautify Chula
Vista event was a huge success this year. She said that approximately 900 volunteers
attended, and that that was the most people they had ever had in the eight years of the
program. She added that over 3000 pounds of trash was collected during this event.
ACTION ITEMS:
1. Progress Report for Climate Action Plan
Environmental Resource Manager Brendan Reed gave the presentation. He gave a
background on the program and talked about the overall implementation status. He also
discussed awards and recognition that the City had won and went over municipal Energy
Upgrade Financing. Reed, along with Building Official/Code Enforcement Manager Lou
EI-Khazen, then gave an update on the 18 strategies of the program, after which and he
and Principal Economic Development Specialist Craig Ruiz responded to questions from
the board.
Action: Commissioner Davis made a motion that the RCC recommend that City Council
accept the progress report and authorize staff to secure an additional $10
million in energy upgrade financing for City facilities. Commissioner Kappes
seconded the motion. The motion passed unanimously.
2. Cool Paving SOW
Senior Civil Engineer Beth Chopp presented the Rem. She described what cool
pavement does and went over the strategies of the program. She talked about project
milestones, the proposed scope of work, research and investigation, and some of the
legislation involved in the project. Other topics she covered were availability &
feasibility, and cost/benefit analysis. Lastly, she went over program recommendations.
The board discussed the project and staff addressed questions.
Action: Commissioner Romo made a motion that the RCC recommend that City Council
approve expansion of current pavement contract to include a "cool" paving
study. Commissioner Rahimzadeh seconded the motion. The motion passed
unanimously.
3. Park-It-Green Grant Proposal
Environmental Resource Manager Brendan Reed introduced the project. He stated that
they want this to be a test bed for cool paving, for porous pavement, for our new shade
tree policy for our low impact development, etc. He added that all of those things with a
project like this can help us inform and help us develop the policy. Reed then discussed
specifics of some of the design features of the park.
The board followed with a discussion on the project.
Action: Commissioner Romo made a motion that the RCC recommend that City Council
approve submittal of a grant proposal for the Park-It-Green Demonstration
Project. Commissioner Davis seconded the motion. The motion passed
unanimously.
RCC Minutes, 10/24/11, Page 2 of 3
4-18
DIRECTOR COMMENTS
Engineering Assistant Director Quitantan called the board's attention to the list of future
items, highlighting the upcoming "Day without a Bag" event on December 15th.
Environmental Resource Program Manager France went aver details of the event.
CHAIR COMMENTS
None
COMMISSIONER COMMENTS
Commissioner Coleman said that at the next meeting he'd like to give an update on the
Master Composting class he recently attended.
Commissioner Romo made a recommendation to discuss the carbon footprint calculator.
Commissioner Vargas recommended a future discussion with Southwestern College,
ool District
eetwater Unified School District and/or Chula Vista Elementary Sch
Sw ,
regarding Prop O and environmental workshops in the area.
Assistant Director Quitantan mentioned that the November 14'" RCC meeting would be held
in CounciV Chambers. She also stated that Council had taken the first reading last Tuesday
night on the amendment to the Charters for commissions, and that they would be bringing
the final charter to the next meeting for the RCC's review.
ADJOURNMENT: The meeting was adjourned at 6:18 p.m. to a special meeting on Monday,
November 14, 2011, at 4:00 pm in Council Chambers at 276 Fourth Avenue, Chula Vista CA
91910.
Prepared by:
Sheryl `'
Sr. Secretary
RCC Minutes, 10/24/11, Page 3 of 3
4-19
RESOLUTION NO. 2012-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND NICHOLS CONSULTING ENGINEERS, CHARTERED,
FOR PAVEMENT TESTING AND MANAGEMENT SERVICES
WHEREAS, on May 17, 2011, Council adopted Resolution No. 2011-086 approving an
agreement between the City and Nichols Consulting Engineers, Chartered for Pavement Testing
and Management Services. The agreement included a section requiring that the consultant
advise the City on the inclusion of various pavement rehabilitation techniques, including the
evaluation of Cool Pavement methodologies; and
WHEREAS, the City subsequently received funding of $85,000 through the San Diego
Gas and Electric Local Partnership for preparation of a Cool Paving Study. This study would
investigate the use of cool paving techniques on both new and existing streets and parking lots
and provide recommendations for the best course of action for the City in pursuing the Cool
Pavement option; and
WHEREAS, the preparation of the Cool Paving Study, in conjunction with the Pavement
Testing and Management contract, would provide staff with the additional information needed to
make decisions regazding the use of Cool Paving Techniques in pavement rehabilitation; and
WHEREAS, on October 24, 2011; the Resource Conservation Commission passed a
resolution supporting the draft Scope of Work for the Cool Paving Study; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the first amendment to the agreement between the City of Chula Vista
and Nichols Consulting Engineers, Chartered, for pavement testing and management services
(Exhibit A).
Presented by
Richard A. Hopkins
Director of Public Works
Exhibit A
Approved as to form by
Glen R. Googins .~4-,, '~~~ 6'{1~"`^ 1
City Attorney
4-20
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROV~.L BY
ilen R. Googins
City Attorney
Dated: {2. ZZ i
FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, AND
NICHOLS CONSULTING ENGINEERS, CHTD.
TO PROVIDE PAVEMENT TESTING AND
MANAGEMENT SERVICES
4-21
First Amendment to Agreement behveen
City of Chula Vista
and
Nichols Consulting Engineers, Chtd.
To Provide Pavement Testing and Management Services
This First Amendment ("First Amendment") is entered into effective as of
2012 by and between the City of Chula Vista ("City") and Nichols
Consulting Engineers, Chtd. ("Nichols"}, with reference to the following facts:
RECITALS
WHEREAS, on May 17, 2011, Council adopted Resolution No. 201 ]-086 approving an
agreement between the City and Nichols Consulting Engineers, Chtd. For Pavement Testing and
Management Services (Exhibit A). The agreement included a section requiring that the
consultant advise the City on the inclusion of various pavement rehabilitation techniques,
including the evaluation of Cool Pavement methodologies; and
WHEREAS, the City subsequently received funding through [he San Diego Gas and
Electric Local Partnership for preparation of a Cool Paving Study. This study would investigate
the use of cool paving techniques on both new and existing streets and parking lots and provide
recommendations for the best course of action for the City in pursuing the Cool Pavement
option; and
WHEREAS, the preparation of the Cool Paving Study, in conjunction with the Pavement
Testing and Management contract, would provide staff with the additional information needed to
make decisions regarding the use of Cool Paving Techniques in pavement rehabilitation;
and
WHEREAS, on October 24, 2011 the Resource Conservation Commission passed a
resolution supporting the draft Scope of Work for the Cool Paving Study; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
NOW, THEREFORE BE IT RESOLVED, that the patties do hereby mutually agree
that the agreement is hereby amended as follows:
Exhibit A, Section 7, is hereby amended to add the following paragraph to the General
Duties:
A Cool Paving Study will be added to the work performed under this agreement. This
study will be funded through the City of Chula Vista's Local Government Partnership
with San Diego Gas & Electric (SDG&E), under the auspices of the California Public
Utilities Commission, and will be designed to highlight energy-saving opportunities with
FicnAnrendiiren//o Tirv Po~N./grerarea/drnrern CiNn1C/rn/n /him nudrl'idrotr Caiuid/iap£nriime<r, Cbii(
m Cbirdiir///ir'Pnremrnl Trr/in,PmidA/n mgruieu/Jendrdr"
Page I
4-22
reflective or "cool" pavements. Consultant shall abide by each and every term and
condition of the "Agreement to Jointly Deliver the 2010-2012 City of Chula Vista Energy
Efficiency and Conservation Partnership Program" between the City of Chula Vista and
San Diego Gas and Electric Company, dated December I5, 2009, a copy of which is
attached hereto as Exhibit B to this Agreement.
Exhibit A, Section 8, is hereby amended to add the following:
A. Detailed Scope of Work
7. Cool Pavement Shidv
As part of fhe City's efforts to promote innovative energy efficiency opportunities
at municipal facilities and throughout the community, reflective or "cool" paving
has been identified as a potential tool to mitigate the urban heat island effect and
to lower cooling demand in conditioned buildings. Based on current pavement
technology, there are three primary ways to reduce pavement's contribution to the
urban heat island effect: (I) by providing a surface that reflects a greater amount
of solar radiation; (2) by increasing the ability of the pavement to cool at night;
or, (3) by allowing a pavement to cool through evaporation (including preventing
radiation from reaching pavements -- i.e. shade trees, etc). The cool pavement
study shall: investigate and discuss current cool pavement methods; determine
their applicability for existing and new pavements, including both streets and
parking areas; discuss the feasibility of using these methods; identify current and
ongoing costs and benefits in comparison with existing paving methods; and,
provide recommendations, including feuding strategies and pursuing pilot
programs.
a. Research and Investigation: The consultant shall identify and discuss
available cool paving strategies, including pavements and coatings with
high solar reflectance (albedo), vegetative surfaces and porous/ pervious
pavements. Discuss heat retention (absorption) for each option. Include
specific information on materials and installation procedures. Provide all
sources and links.
Discuss the applicability of these strategies with respect to the following
situations:
i. Streets and pedestrian ways: residential vs. collectors and arterials,
public and private
ii. Parking lots: public and private
iii. New streets and parking lots vs. existing facilities
iv. Landscaping: benefits of landscaping (shade trees) to existing
pavement and/or cool paving strategies
b. Availability and feasibility:
i. Identify and discuss cool paving projects (only those that involve
paving materials} in [he southwestern U.S. and California. Include
maintenance issues and durability.
/'PS/~L~nmdinru//a 7Ln Pni9•AgrmmrniBrN~ren Ci[p njCOu/n /'i~mnnNA'rcbaU Corm/ii iq Eiigiueecr, CD/2
/u Cbndur!//m 'Tmnurni Try/iiignadl/nnngenirn/Srrrirrr"
Page 2
4-23
ii. Identify local or regional suppliers and contractors with experience in
constructing paving projects that employ the paving materials that may
pertain to cool pavements.
iii. Discuss feasibility of constructing similar projects in the San Diego
area.
c. Cost/ Benefit Analysis:
[t is understood that material prices are volatile and that cost estimates are
dependent on several variables, e.g. hauling costs depend on distance to nearest
plant, quarry or supplier of the materials used, so that a calculated value today
may be completely different in 2014. Therefore, an approach shall be presented
which would enable City staff to recalculate the costs as these variables change in
the future.
The following factors shall be included:
i. Installation cost (per square foot, if possible)
ii. Service life, including change in albedo and absorption with age.
Where actual performance data is not available because the material is
relatively new, estimates may be used.
iii. Description, frequency and cost of maintenance. It is understood that
actual performance data may not be available with respect to some
materials. Comparison to existing AC/ PCC pavement methods,
including options that provide environmental benefits, such as lower
energy usage (i.e. warm mix asphalt) or recycling (i.e. RAC), will be
included. Costs will be based on data provided by the City.
iv. Benefits of cool paving methodologies with respect to energy
conservation, water quality, noise reduction, safety, etc. Since the
quantification of these benefits is currently the subject of numerous
on-going research studies and there are no definitive answers, these
factors may be discussed qualitatively with respect to specific
treannents.
d. Recommendations: This shall include recommendations on the following
issues:
i. The best course of action for the City on pursuing the cool pavement
option
ii. ht cooperation with City staff, identification of locations for test sites/
demonstration projects
iii. Potential funding sources for pilot programs/ demonstration projects
iv. Identify and discuss potential public education and outreach efforts that
could be conducted by the City
v. Methods for measuring the effectiveness of coo( pavement options.
e. Meetings: There will be hvo meetings held in conjunction with this contract.
The initial meeting will be the kickoff meeting with City staff and
Firo9Anxndnrc+n/ro Tiim /'n/b~~e°rermrivBrrorrn Cip• njCOum % inn nndil'idm/r Cnnrn//ing Eiigineerr C~n1.
/o Coadiir//Ar "Pm~esirn/Ter/iuq nni/A/mmgramii/S'rndoer"
Page 3
4-24
stakeholders. The second meeting will be associated with the final draft or
final report and may be held on the same day or in conjunction with a
presentation to stakeholders or commissioners, at the City's option.
C. Dates or Time Limits for Delivery of Deliverables
Deliverable No. 6: Provide a memorandum to City summarizing the results of the
kickoff meeting for the Coo! Paving Study within 14 calendar days of the meeting date.
This memorandum may be in electronic form.
Deliverable No. 7: Provide an electronic copy of the draft report in pdf format.
Deliverable No. 8: Provide five copies of [he final version of the Cool Paving Study,
with one copy being unbound and clipped together to facilitate copying. The Consultant
shall also provide a copy, broken down by chapters, in pdf format on CD-ROM.
ll. Date for completion of al( services included in Section 8A. Item #7 and Deliverables #6
through #8: December 31, 2012.
Exhibit A, Section 10, is hereby amended to add the following:
B. (X)Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant for the
Cool Paving Study as are separately identified below, City shall pay the fixed fee associated with
each phase of Services, in the amounts and at the times or milestones or Deliverables set forth.
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to
said Phase.
Phase
I. Kickoff meeting and summary memorandum
2. Invesfigation and feasibility study
3. Cost-benefit analysis
4. Complete draft report
5. Final meeting/ final report and completion of
all work
Signature Page
Fee for Said Phase
$ 2,200
$ 19,161
$ 18.025
$ 5.389
$ 5 225
/in/./urruiGirrm/u 7krr Par~•Agrrrurrn/Brnraai Cin•nlC/rrdn 1%r/n rmdAir/ro/r Couvd/inB Ea,~+iarerr, C/uil
/o Cnndiir//hr 'Tnrrrrxnr TCr/iiig nedd/nnngemen/S'erri~eY'
Page 4
4-25
to
First Amenchnent to Agreement bchveen
City of Chula Vista and
Nichols Consulting Engineers, Chid.
"Co Provide Pavement Testing and Management Services
IN WI`fNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
By:
Suzanne Brooks
Sr. Procurement Specialist
Attest:
Donna Norris, City Clerk
Approved as to form:
Glen R. Googins, City Attorney
Dated:
Nichols Consulting Engineers, Chtd.
By: ~~Ci_~~~----
Margot Yapp. P.E.
Vice-President
Exhibit List to Agreement (X) Exhibit A.; Exhibit B
Pin/ Jmeiu/curio/n rrr %niry~: /grennui/lfenrnnn Ci/rnjC%ia/n /9r/n rvN.1'ia~brrU Cbiurdiinr E'n,; inee/t C%i/(
m Gmdiie//Ge "Pm~rnren/7ni9iu~nud.l/oimgomm~/.5'envari"'
Page 5
4-26
EXHIBIT
Agreement between
City of Chula Vista
and
Nichols Consulfing Engineers, Chtd.
To Provide Pavement Testing and Management Services
This agreement (Agreement), dated J ~ l ~ for the purposes of reference
only, and effective as of the date last executed nless another date is otherwise specified in
Exhibit A to this Agreement (Exhibit A), Paragraph 1, is between the City-related entity whose
name and business form is indicated on Exhibit A, Pazagraph 2, (City), and the entity whose
name, business form, place of business and telephone numbers are indicated on Exhibit A,
Paragraphs 4 through 6, (Consultant), and is made with reference to the following facts:
RECITALS
WHEREAS, City staff issued a Request for Proposals (RFP) for Pavement Testing and
Management Services on November 26, 2010. Proposals were to be submitted by January 6,
2011; and
WHEREAS, six Consultants submitted proposals and were determined to meet the
minimum qualifications stated in the RFP. These Consultants were scheduled for interviews on
February 11 and February 15, 201 I; and
WHEREAS, based on the firm's qualifications and specialized experience, the
experience of the Project Manager and other key staff, and responsiveness to the work specified
under the RFP, staff recommends that this contract be awarded to Nichols Consulting Engineers,
Chtd.; and
WHEREAS, this contract shall include reviewing and updating the City's public street
inventory, visually inspecting and rating each public street segment using Streetsaver software,
providing field inspection and sofware training for City staff, and preparing a Quality Control/
Quality Assurance Plan; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
Tian PorryAgreemrn/Belweea Cy~ojGra/n f9tloandNichoCr CanrvGirg+6nBrneeic C•S/d
m Candurl/he Pavemrn/TaiYin~andMarme emrnlScrvires"
Page 1
4-27
OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually
agee as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
A. General
ARTICLE I. CONSULTANT'S OBLIGATIONS
I. General Duties. Consultant shall perform all of the services described on Exhibit A,
Pazagaph 7 (General Duties).
2. Scooe of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Paragaph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, 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 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, terminate this Agreement.
a. lleduclions rn 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 Ageement. Upon doing so, City and Consultant agee to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
b. Additional Services In addition to performing the Defined Services, City may
require Consultant to perform additional consulting services related to the Defined
Services (Additional Services), and upon doing so in writing, if they are within [he
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Ageement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. No Waiver ofSlondardofCare. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
TwoPOryAgrermrnlBe/wrep City ojChalnl~moondNichaU Canru/limgEngineerr, Cbld
ro Cn.~ductr/e'PovemrmTrrrwgandManoBenn/Servicer°
Page 2
4-28
B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether .federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfil] any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
General. Consultant must procure and maintain, during the period of performance of this
Ageement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
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.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
a. CGl. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
b. Auta. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
c. ~!'C. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. ~'&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
TwvPalryAgJremrnlBelwem CiNajChu/a l~GmandNic6otr CoarvllingEngluee~F Ch/d
Po CoadmeJlbe PavemenlTevingandManagemenlServicer„
Page 3
4-29
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the genera] aggegate limit must be twice the
operations, as required occurrence limit.
a licable
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liabilit $1,000,000 disease-each em to ee
iv. Professional $1,000,000 each occurrence
Liability or Errors
& Omissions
Liabilit
4. 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 orself-insured 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.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies aze to contain, or be endorsed to contain,
the following provisions:
a. AddifionalJ~zrureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or bon•owed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing 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 Consultant's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
b. PrimoryJnsurance 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
Twa Party Agree~rralBerxeea City ojChala lruiaandN!<bo(r Corzra/liaBEagiae<r.5 Chf6
w Coadadlhe'TavemenrTepingaadManaBmvenrSmices^
Page 4
4-30
Consultant and in no way relieves the Consultant from its responsibility to provide
insurance.
c. Cancellation. The insurance policies required by this Agreement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, return receipt requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted From all certificates.
d. Active Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. Waiver ojSubrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Reba Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. rGlainlenanceandEvidence. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement.
d. Copier. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptabiliri 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 Califomia 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.
8. Verification of Covern¢e. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting covernge required by Section I.C. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
75vaParry.lgreexnfBeMeen Ci/rojlhu/a /~GloandNieFoLr Conru/lingEngineen; Ch/6
!o Conduc!!/rc'PaveixalTcrlingaadManagrnxulServicer"
Page 5
4-31
or policies conform to the requirements of this Agreement. All certificates and
endorsements aze 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.
9. Subcontractors. Consultant must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all ofthe requirements included in these specifications.
10. Not a Limitation of Other Oblieations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
1. 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 amount
indicated at Exhibit A, Paragaph 18, 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,
htto://www.fms.treas.eov/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.
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
its 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 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
Page 6
TxnPartyAg~eearnldenveen Ci(yojChula fulaandNiabatr ConruGinBEagluee~.r, C6/d
to CondudlRe'PavemeatTmiagundManagemnlServieu"
4-32
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. 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.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
Followine Receipt of Billine. Upon receipt of a properly prepared bill from Consultant,
submitted to the City 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 "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in Paragraph 18 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Pazagraph 11.
2. Suoaortine Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be chazged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Ageement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omirsions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing in this
TxroPartyAgceemru/BeMrex Ciq~ojChu/n /Z'MaudNlcAoLr Caarvaui~Eagineo; Gild.
m ConGuci/He'Pauenral7eaiaquadAfaaaPemealSavicer"
Page 7
4-33
paragraph is intended to limit City's rights under other provisions of this
Agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges-that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Consultants Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Pazagraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Participation in Decision. 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.
Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant wan•ants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the tens 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.
TwnPartyAgirerxalBemrea City afChalalumaadNchatr Cansa/riaq£agineerr, Cb/d
/a CandacrUit Pav~mrn/TerfuegendMaaaBemralSmicet"
Page 8
4-34
4. Promise Not to Acouire Conflictine 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
Prnctices Act.
5. Dutv to Advise of Conflictine Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney 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.
6. Specific Wazranties Aeainst Economic Interests. Consultant warrants, represents and
agrees that:
a. 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.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. 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.
d. 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.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
1. Estimative Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used theirjudgment to arrive at a reasonable
amount to compensate for delay.
7k~ ParryABreemrn/Bebveen City ajChu/a f~/e ondNrehnlr CansnGin~E'agineerr, Chld
m COnduRlhe ^Pove~nl TerrinBandA~anngrns^nlServicer"
Page 9
4-35
2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Ageement 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,
Paragaph 13 (Liquidated Damages Rate).
Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract AdminisVator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be ganted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progess of the work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
General Requirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, azising out of or in connection with the performance of the Defined Services
or this Ageement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covered is liability azising 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.
2. Design Professional Services. If Consultant provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents 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 or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants, and contractors azising out of or in connection with the
Page 10
TwvPa~ryAgreeirenlBenveen C!y ofGrulo /2rleandN%ebob Conrn/lln~Englner~; CbM.
!a CondaciHie 'POremrnl Teeing aadd6lanademenlServlcer"
4-36
performance of Consultant's services. Consultant's duty to defend, indemnify, and hold
harmless shall not include any claims or liabilities arising from the sole negligence, active
negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligations and duties under
this Agreement.
3. Costs of Defense and Awazd. Included in the obligations in Sections A.1 and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.1. and A.2. Consultant shall pay and satisfy any judgment,
awazd or decree that may be rendered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any acid all related legal expenses and costs
incurred by each of them in proportion to the Consultant's actual determined negligence,
subject to the limitations in Sections A.1. and A.2.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and alt costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. [f, 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 prepazed 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, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. 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
TiwPortyAgreemrelBelween Cfry ajCka/a !'lrmaiMNirAoLr Conra/lingEngrneert5 Ch/d
/a Conda<!!be Pave~nlTerlingaadAla~BemrnlSuvlco"
Page 11
4-37
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, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and al] claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) yeazs following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. 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.
Page 12
Two PaityAgrcemenlBelween Ciry njCbu/n lQrm ouANieboLr Cnarul2vB EA~ineer; ChH
ro CaududtAe'Farearn/Terdn~endMnnaBemenlServicu"
4-38
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
"Permitted Subconsultants."
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials of 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
C. 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, independent
contractors and shall not be deemed to be employees 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 regazd to them.
1. Actions on Behalf of Ciri. Except as City may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and
shall require that it's agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Ageement.
D. Administrative Claims Requirements and Procedures. No suit or azbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by 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
TivoPar/yABreenrnlBearea Crry ofCYro/a!2'niandNJCboU Canra/lindEnginreit, Chld
to Conducldre PavemealTe~YinEnndMa~gexnlServkrs"
Page 13
4-39
amended, the provisions of which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by 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.
E. Administration of Contract. Each party designates the individuals (Contract
Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute azising 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 attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. 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 the 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.
I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragaph 15
is mazked, the Consultant and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
J. 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 in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party to this Ageement 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 necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
Page 14
TiiaPartyA~eenniBeMren C-tyajCbu/a l4rMandNichod Canrn/linBEnBineu; Cbtd
/a Candac//he TavemrnlTeAwgandAfonagemrnl9mvicet°
4-40
M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
Two Parry ABieeiren/6eMeen City ojCJu/a NU/aa~Mebolr Canm!/ingEnB/veer; C.f/d
/a Caadao!!he Tavemen/Terringaadtla~uirn/Seroicer"
Page 15
4-41
Signature Page
to
Agreement between
Ciry of Chula Vista and
Nichols Consulting Engineers, Chtd.
To Provide Pavement Testing and Management Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its temts:
Dated: 5"`Q~~ ~ City of Chula Vista
By: _
Suza Brooks
Sr. Procurement Specialist
Attest:
~~-~-- o
Donna Norris, Ci y Clerk
Mazgot Yapp, P.E.
Vice-President
Exhibit List to Agreement (X) Exhibit A.
TivoPn~lyAgree~nlBeMren CityajGSn/a lii/aandNi<6otr ConruGingEngineee% Chld
/o Condn</tbe'Fovenrnl TerlingnndAfairogennlSen~icer°
Page 16
4-42
Exhibit A
to
Agreement between
City of Chula Vista
and
Nichols Consulting Engineers, Chtd.
1. Effective Date of Agreement: Date last executed by parties
2. City-Related Entity:
(X)City of Chula Vista, a municipal chartered corporation of the State of California
()Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
()Industrial Development Authority of the City of Chula Vista, a
()Other: , a [insert business form]
(City)
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
Nichols Consulting Engineers, Chtd.
5. Business Forrn of Consultant:
( )Sole Proprietorship
( )Partnership
( X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
501 Canal Blvd., Suite `I'
Richmond, CA 94804
Phone: (510)215-3620
FAX: (510) 215-2898
7. General Duties:
TiroParlyAgreernrn/BeMren City ojCha/a luYaandNieho4 Coara/riadEnBlneerF Ch/d
/o Condac!/k< TavemenlTettin~aadMana~emrnl9erviccr"
Page 17
4-43
The Consultant shall provide Pavement Testing and Management Services. This shall
include reviewing and updating the City's public street network, visually inspecting and
rating each public street segment using Streetsaver softwaze, providing field inspection and
sofrware training for City staff, and preparing a Quality Control/ Quality Assurance Plan.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The Consultant shall furnish all services as required to collect the pavement condition
data for the City's Pavement Management System. Such services shall, at a minimum,
include the following:
1. Data Collection and Field Services
Review and update the inventory of the entire public street system, where
necessary. The existing inventory was created in 2006. There is a current total
of 2843 street segments in the database. The inventory must include the street
name, street segment limits, lengths, widths, areas, surface types, functional
classification, and date of construction. The segment attributes shall be identical
with those of the StreetSaver database. This inventory will be based on available
information provided by the City.
The surface condition/distress must be visually inspected and rated for each
segment for both asphalt concrete and Portland cement concrete pavements.
Segment boundaries shall be defined by the City and shall be identical with the
City's GIS system's segments. The City shall have the right to approve or reject
the field survey personnel assigtted by the Consultant to perform the visual data
collection. All surveys shall be walking visual surveys and must collect as a
minimum, but not limited to, the following distresses:
for asphalt concrete pavement:
^ alligator cracking
^ block cracking
^ longitudinal and transverse cracking
^ distortions
^ rutting & depressions
^ patching and utility trenches
^ weathering
^ raveling
for Portland cement concrete pavement:
^ comer breaks
^ shattered/divided slabs
^ faulting
^ linear cracking
^ patching & utility trenches
Page l8
TwPoctyABieexnlBdwren City ojGu/n l~ermonCNiehoU CaurvdingBnginee~ Ch/d
m Canducldie PavemrnlTeiringa~Mvmr~emrn/Servicer"'
4-44
^ scaling/map cracking
^ spalling
2. Review of Treatment Methodologies
In the past, the City's street rehabilitation progams have been generally broken
down into slurry/chip sealing progams and overlay/reconstruction progams. The
City is currently implementing and/or considering the implementation of several
additional treatments, including fog seals, double seals and various reclamation
techniques. The Consultant shall advise the City on the inclusion of these
treatments, as well as other proven maintenance and reconstruction methods, in
the Pavement Management System (PMS), including "Cool Pavement"
methodologies appropriate for use as maintenance/ rehabilitation methods for
public streets. Each segment that might benefit from rehabilitation during afive-
yeaz period shall include a recommendation on the best methodology based on a
list of methodologies accepted by the City with the input of Consultant.
3. Pavement Management Software
The Consultant shall utilize the City's existing pavement management system
software, which is the on-line version of StreetSaver. The curzent version of the
software used by the City is Version 9.0. If an updated version of the software is
available prior to completion of the inspection process, the updated version shall
be used. The Consultant shall input results of the inspections into the StreetSaver
database using existing street segment parameters. The geogaphic pazameters of
each existing segment shall match exactly.
4. Trainin
A total of three days of formal training shall be provided.
a. A two-day training course shall be provided this summer for City staff that
will include both field and of£ce training in the visual collection of data
and interpretation of pavement distress and condition. This is expected to
include pavement distress chazacterization, determining degree of distress
severity, selection of sample sections and field training in the use of
handheld data collection devices. The course shall be conducted by an
instructor of the City's choice.
Additionally, during the inspection process, up to six City staff members
participating in this training process will go into the field to perform
inspections parallel to the Consultant's inspectors. Consultant may be
asked to do a quality control check on the City stafYs inspections.
b. The Consultant shall also provide aone-day on-site training session for
City staff in the operation of the most recent available version of
StreetSaver software. The City will provide a training facility with
sufficient computers for all participants. Training shall be hands-on, using
actual pavement data for the City. It shall include, but not be limited to,
TwaParN,AgreearalBeluren Ciry~ojCha/a !Z'rocxdMc6oLr ConmkiagEngiaeem. CNld
!o Condac!!he'Pm~emealTeALrg ondNaaagemalServicer"
Page 19
4-45
entering and editing data, sorting, copying, exporting, importing,
manipulating and querying data, and generating various reports.
c. The Consultant shall also provide two functional handheld data collection
devices equivalent to those used by Consultant to record and then
download all information and data collected on pavement distresses and
condition ratings to the StreetSaver database. All softwaze and data
required for operation shall be preloaded.
5. Oualiri Control/Ouality Assurance Plan
Consultant shall prepare a Quality Control/Quality Assurance Plan to insure the
consistency and accuracy of the pavement inspection process. This plan shall be
appropriate for use by both Nichols personnel and City staff. This shall include:
a. Description of condition survey procedures, including selection of sample
units and unique conditions.
b. How data will be collected
c. Accuracy required for data collection or acceptability criteria
d. Description of how data will be checked for accuracy. The selected
sections shall be representative of the City's network, including:
^ All functional classes
^ All surface types
^ Entire range of pavement conditions
^ All significant changes in PCI
^ All inspectors
^ Different geographical areas
e. Field data collection safety procedures
f. Schedule for when data will be submitted
g. Experience of inspectors, including past training on condition surveys or
calibration procedures.
6. Additional Services
At the City's option, Consultant shall perform other services to be defined by the
City. This may include a re-inspection of selected streets two to three years aRer
completion of the Citywide inspection, quality control/ assurance on inspection
work performed by City staff or other work related to pavement management.
B. Date for Commencement of Consultant Services:
(X)Same as Effective Date of Agreement
( )Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Provide Memorandum to City summarizing the results of the kickoff
meeting within 14 calendar days of the meeting date.
Page 20
TirmPortyA~rerixn/BeMrea Clry o/Cbu/a /~@lnaadNlchab Conrvdi~6aglaeer; Chl6
!a Coadanlbe 'ParemalTeAingandManogarxalServleu"
4-46
Deliverable No. 2: Provide a draft Quality Control! Quality Assurance Plan to the City
within 30 calendaz days from Effective Date of Agreement.
Deliverable No. 3: Provide Memorandum to City on evaluation, recommendation and
selection of maintenance and rehabilitation strategies within 45 calendar days from
Effective Date of Agreement.
Deliverable No. 4: Provide two (2) copies of the Inspection Units Report and two (2)
preloaded handheld computers, either Data Wrangler or Mobile Rater at the City's option
Deliverable No. 5: Six copies of the StreetSaver training manual and six Distress
Identification Manuals
D. Date for completion of all Consultant services included in Section 8 A. Items #1 thrdugh
#5: Fifty two (52) weeks from commencement of Consultant Services. This does not
pertain to additional services discussed in Section SA6. Such additional services shall be
completed by June 30, 2015.
9. Materials Required to be Supplied by City to Consultant:
10. Compensation:
A. (X) 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 $159.500 ,payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
Task A: Kickoff Meeting $2,200
Task B: QC/QA Plan $3,000
Task C: Condition Surveys $131,400
Task D: M&R Treatments $4,400
Task E: Training $12,000
Task F: inspection Units Report and Handheld Computers $6,500
(X)1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans 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
Two Party AgrceixnlBe/uxrn City ofChu/a!'trroandArchoLr Co2rv/irngEnBimrr, Chld
/o Condur!!he ' ~e vem rn! Te. ainy and Afoaagernen19ervice. r "
Page 21
4-47
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 Consultant shall have represented in writing that
said percentage of completion of the phase has been performed by the Consultant.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ()Phased Fixed Fee Arrangement.
For the performance of each phase or portion ofthe Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
2.
3.
Fee for Said Phase
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 18 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 Consultant shall have represented in writing that
said percentage of completion of the phase has been performed by the Consultant.
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
Page 22
Twv ParryAgreexnlBenaren Ctry~ajCbu/olZla nndNirhob Canrv/2igEnBineer; ChN
/a Canduef/Ae'Pavemrn/TudnBandA/anngmrn~Servicer"
4-48
Far performance of Additional Services not included in the Defined Services by Consultant
as requested in writing by the City, 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 temps and conditions. Said Additional
Services are at the option of the City and shall be limited to a maximum of $50,000.
(1) ()Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" (Maximum Compensation).
(2) (X)Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ 50.000 (Authorization Limit), Consultant shall not be entitled to any additional
compensation without further authorization issued in writing and approved by the City.
Nothing herein shall preclude Consultant from providing additional Services at
Consultants own cost and expense. See below for rate schedule per calendar year.
Rate Schedule
Category of Employee
of Consultant Name
Hourly Rate
2011 2012 2013 2014 2015
Project Manaeer Mar¢ot Yapp X210 $214 $218 $223 $227
Technician Various $75 $76 50 $78 $80 $81
Clerical Various 65 66.30 $67.60 69 70.35
( )Hourly rates may increase by 6% for services rendered afrer [month], 20~ if delay
in providing services is caused by City.
11. Materials Reimbursement An•angement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
( X) None, the compensation includes all costs, excepting Travel Costs incurred in the
course of providing additional services. Such expenditures shall be reimbursed at cost.
Cost or Rate
() Reports, not to exceed $ $
() Copies, not to exceed $ $
Page 23
TirroPe~yilBreemr~/Be/xre~Gy ojC,frula F"u/aoxdNiehab CoarvhLrgEnBinm~.5 C.Y/d
!o Condue!!6e 'Pm emrmlTenrnq andAfaiagmieal.Servleu"
4-49
() Travel, not to exceed $ $
() Printing, not to exceed $ $
() Postage, not to exceed $ $
() Delivery, not to exceed $ $
O Outside Services: $
O Other Actual Identifiable Direct Costs: $ .
,not to exceed $ $
,not to exceed $ $
12. Contract Administrators:
City: Elizabeth Chopp, P.E.
Senior Civil Engineer
Consultant: Margot Yapp, P.E.
Vice President
Nichols Consulting Engineers
13. Liquidated Damages Rate: N/A
() $-
()Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
(X)Not Applicable. Not an FPPC Filer.
O FPPC Filer
()Category No. 1. Investments, sources of income and business interests
()Category No. 2. Interests in real property.
()Category No. 3. Investments, business positions, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
OCategory No. 4. Investments and business positions 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 and business positions in business entities and sources
of income that, within the past two yeazs, have contracted with the City of Chula
Page 24
TwoPaeryAgrrexnlBemun City ojCFuia YalnnndNlcho/r Co2rnld~Enginm; Chid
A~Condnc!!be "PavemrnlTeAingandManagexnlServieer"
4-50
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
()Category No. 6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement 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
16. Permitted Subconsultants:
Dr. Roger Smith
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( )Quarterly
( )Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
() 15th Day of each Month
(X) End of the Month
()Other:
C. City's Account Number: To be assigned
18. Security for Performance
()Performance Bond, $
Page 25
TivoPorlyAgrerrrrnlBetaren City ajCbula !<danndNieba6 ConraGingEnBrneer; C/rld
m Candac!!he'TavememTerYirrgam'ManagcmenlServicer"
4-51
() Letter of Credit, $
OOther 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" untit 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 (excepting Section 8 A Item #6)
( )Other:
Page 26
Txo PaetyAg<e«a eniBenvren Ciy nfClru/a /4rm cndNicbo6 Coicrv/linTEnginre<; CbK
ro Conduelshe "PavemenlTeVwq andAJnaagemrnlS<rvic<r"
4-52
~XFil~l'T,_,L®
AGREEMENT TO JOINTLY DELIVER THE 2010-2012 CITY OF CHULA VISTA
ENERGY EFFICIENCY. AND CONSERVATION PARTNERSHH' PROGRAM
BETWEEN
CITY OF CHULA VISTA
and
SAN DIEGO GAS & ELECTRIC COMPANY
Dated: December 15, 2009
This program is fended by California utility customers under the auspices of the California
Public Utilities Commission.
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-53
THIS AGREEMENT TO JOINTLY DELIVER THE 2010-2012 CITY OF CHUI,A
VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP PROGRAM (the
"Agreement") is effective as of 7anuary 1, 2010 ("Effective Date") by and among SAN DIEGO
GA5 & ELECTRIC COMPANY ("SDG&E"), and THE CITY OF CHULA VISTA ("City").
SDG&E and City may be referred to herein individually as a "Party" and collectively as the
"Parties."
RECITALS
WHEREAS, on October 1, 2009 the California Public Utilifies Commission (the
"Commission's in 09-09-047 in A.08-07-021 et al authorized certain energy efficiency programs
to be delivered to California utility customers for the yeazs ZO10 through 2012 and the
continuation of programs where local governmental entities partnered with utilities to deliver
energy efficiency information and education to utility customers;
WHEREAS, SDG&E submitted applications for the implementation of energy efficiency
programs which included the 2010-2012 City of Chula Vista Energy Efficiency and Conservation
Partnership Program (hereinafter referred to as the "Program"), involving the delivery of energy
efficiency funding, incentives, information, training and materials to City, its residents,
developers, and South Bay cities in SDG&E's service territory;
WHEREAS, the Parties desire to enter into an agreement that supersedes all previous
agreements, if any, and sets forth the terms and conditions under which the Program for the 2010
through 2012 program yeazs shall be implemented;
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS
1.1. Agreement: This document and all exhibits attached hereto and incorporated
herein, and as amended from time to time.
L2. ALJ: The Administrative Law Judge assigned to the Commission's Energy
Efficiency Rulemaking (R.O1-08-028) or its successor proceeding.
1.3. Amendment: A future document executed by the authorized representatives of all
Parties which changes or modifres the terms of this Agreement.
1.4. Authorized Budget: The Commission-approved total for performance of the
Authorized Work is $4,088,991 as set forth in the Scope of Work.
L5. Business Day: The period from one midnight to the following midnight,
excluding Saturdays, Sundays, and holidays.
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-54
1.6. Calendar Day: The period from one midnight to the following midnight,
including Saturdays, Sundays, and holidays. Unless otherwise specified, all days in this
Agreement are Calendar Days.
1.7. Scope of Work: The Parties' Scope of Work for implementing the Program in
SDG&E's service temtory is attached hereto and incorporated herein as Exhibit A.
1.8. Contractor: An entity contracting directly or indirectly with a Party, or any
subcontractor thereof subcontracting with such Contractor, to furnish services or
materials as part of or directly related to such Party's Authorized Work obligations.
City's Contractors shall be selected from SDG&E's approved list, where applicable, and
shall not include City's contract staff labor for the Program.
1.9. Cost Categories: Items defined by the Commission's Reporting Requirements
Manual. The cost categories relevant to this Program are noted in the Scope of Work.
1.10. Eligible Customers or Customers: Customers eligible for Program services are
SDG&E customers.
1.11. Energy Efficiency Measure (or Measure): As used in the Commission's Energy
Efficiency Policy Manual, Version 3, August 2005.
1.12. EM&V: Evaluation, Measurement and Verification of the Program pursuant to
Commission requirements.
1.13. Gas Surchazge: The funds collected from gas utility ratepayers pursuant to
Section 890 et al. of the California Public Utilities Code for public purposes programs,
including energy efficiency programs approved by the Commission.
1.14. Program Expenditures: Actual (i.e., no mark-up for profit, administrative or other
indirect costs), reasonable expenditures that aze duectly identifiable to and required for
the Authorized Work, up to the amounts budgeted in the Concept Paper's budget
worksheets for such Authorized Work.
1.15. Public Goods Charge (PGC): The funds collected from electric utility ratepayers
pursuant to Section 381 of the California Public Utilities Code for public purposes
programs, including energy efficiency programs approved by the Commission.
In addition, all terms used in the singular will be deemed to include the plural, and vice versa.
The words "herein," "hereto," and "hereunder" and words of similar import refer to this
Agreement as a whole, including all exhibits or other attachments to this Agreement, as the same
may from time to time be amended or supplemented, and not to any particular subdivision
contained in this Agreement, except as the context cleazly requires otherwise. "includes" or
3
2010-2012 CITY OF CHUI.A VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-55
"including" when used herein is not intended to be exclusive, or to limit the generality of the
preceding words, and means "including without limitation." The word "or" is not exclusive.
2. PURPOSE
The Program is funded by California utility ratepayers and is administered by SDG&E under
the auspices of the Commission. The purpose of this Agreement is to set forth the terms and
conditions under which the Parties will jointly implement the Program. The work authorized
pursuant to this Agreement is not to be performed for profit.
This Agreement is not intended to and does not form any "partnership" within the meaning of
the California Uniform Partnership Act of 1994 or otherwise.
3. PROGRAM DESCRIPTION
The 2010-2012 SDG&E/China Vista Energy Efficiency Partnership's goat is to create
innovafive approaches to improving community and municipal energy efficiency and achieving
both direct and indirect energy savings. The Partnership will combine and leverage the resources
of four City departments to deliver cost-effective, holistic opportunities for promoting energy
efficiency within the community.
The program components include municipal facility efficiency improvements, strengthened
building energy codes and inspections, energy-saving redevelopment planning and design and
community-based energy conservation educaflon and facility assessments. The program will
mainly serve City of Chula Vista residents and businesses estimated at 225,000 and 13,000,
respectively. It is also anficipated that the SDG&E/China Vista Partnership may partially serve
neighboring communities and further act as a program model for other South Bay cities' future
involvement in SDG&E Energy Efficiency Partnerships.
4. AUTHORIZED WORK
4.1. Sco e. The work authorized by the Commission for the Program ("Authorized
Work") is set forth in this Agreement and in the Scope of Work for the service territory of
SDG&E and shall be performed by the Parties pursuant to the terms of this Agreement.
4.2. Objectives. Major objectives for the Program are as follows:
Community Energy Eff ciency
The Conservation & Environmental Services Department will continue to
promote energy efficiency and conservation in the community through its
business/residential energy evaluaflon program and participation in community
outreach events. Staff will use the on-site evaluations and events to distribute
energy-saving devices such as Compact Fluorescent Lamps, LED holiday lights,
indoor water savings kits, and "smart" power strips to help the community reduce
their energy use and utility costs. Staff will also integrate the new Home
4
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-56
Upgrade, Carbon Downgrade program, which provides streamlined permitting
contracting, and financing for energy efficiency retrofits, into Partnership
activities. Finally, the Conservation & Environmental Services Department will
assist neighboring South Bay communities in developing their own energy and
climate-related programs helping to reduce regional energy demand and improve
local air quality.
Sustainable Communities
The Sustainable Communities Program, which is administered by the
Development Services Department, will work to further integrate energy
efficiency into the planning, pemutting, and inspection process. Program staff
will provide technical support to permit applicants, contractors, and developers on
energy efficiency measures and will train permit counter technicians, plans
examiners, and building inspectors on advanced energy technologies. Finally, the
program will verify compliance with Chula Vista's new green building standazds
(including enhanced energy efficiency requirements) and may develop a
voluntary, incenfivized option for project proponents interested in efficiency
levels beyond the new State codes and related City ordinances.
Energy-Efficient Economic Developmentlnitiative
The City's Economic Development Division will demonstrate how energy-
efficient and renewable energy technologies and energy conservation can be cost-
effectively integrated into lazge-scale development projects to reduce energy
consumpflon and greenhouse gas emissions. The initiative will expand upon and
leverage current work by the National Energy Center for Sustainable
Communities through additional reseazch, demonstration, and technical assistance
projects that will enable developers and builders to design and construct high-
efficiency and zero-net-energy projects at "Greenfield" and "Brownfield" sites
throughout the City.
Municipal Energy Efficiency Improvements
The program, which is administered by Public Works with assistance from the
Conservatlon & Environmental Services Department, will support staff time to
expand the City's energy management efforts by identifying and implemenflng
energy efficiency and demand response strategies which lower municipal energy
consumption and produce cost savings.
5. OBLIGATIONS OF THE PARTIES
5.1. Generally. Each Party shall perform its Authorized Work obligations within the
Authorized Budget in conformance with the deliverables, schedules (including the
Milestone Schedule) and the budgets associated with such Authorized Work as set forth
in this Agreement and the Concept Paper, and shall furnish the required labor, equipment
5
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-57
and material with the degree of skill and care that is required by current professional
standards.
5.2. Additional Obligations of City.
5.2.1. City shall obtain the approval of SDG&E when developing Program
mazketing materials prior to any distribution, publication, circulation or
dissemination in any way to the public. In addition, all advertising,
marketing or otherwise printed or reproduced material used to implement,
refer to or is in any way related to the Program must contain the following
language: "This program is funded by California utility ratepayers and
administered by San Diego Gas & Electric Company, under the auspices
of the California Public Utilities Commission."
5.2.2. City will communicate regulazly with the program representative of
SDG&E, and shall advise SDG&E of any problems or delay associated
with City's Authorized Work obligations.
5.3. Additional Obligations of SDG&E.
5.3.1. SDG&E will be actively involved in all aspects of Program delivery.
SDG&E will use its best efforts to add value to the Program by dedicating
the human resources necessary to implement the Program successfully and
providing in-kind services support for the Program's mazketing and
outreach activities.
5.3.2. SDG&E shall provide, at no cost to the Program, informational and
educational materials on SDG&E's statewide and local energy efficiency
programs to City to enable City to implement the Program.
5.3.3. SDG&E shall provide a program representative on a part-time basis, who
will be the point of contact between City and SDG&E for the Program.
5.4. EM&V. Once the Commission has approved and issued an evaluation,
measurement and verification (`BM&V") plan for the Program, such EM&V plan shall
be attached to this Agreement as Exhibit B and shall be incorporated herein by this
reference. Any subsequent changes or modifications to such EM&V plan by the
Commission shall be automatically incorporated into Exhibit B.
6. ADMINISTRATION OF PROGRAM
6.1. Decision-making and Approval.
6.1.1. The following actions and tasks require unanimous consent of the Parties:
6
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-58
a. Any action that materially deviates from the Scope of Work.
b. Any action that materially impacts the Scope of Work's schedule
or the Program.
c. Any action that materially impacts the Program's budget set forth
in the Scope of Work.
d. Selection of any Contractor not previously approved by SDG&E.
6.1.2. Unless otherwise specified in this Agreement, the Parties shall document
all material Program decisions, including, without limitation, all actions
specified in Section 6.1.1 above, in meefing minutes or if taken outside a
meeting, through written communication, which shall be maintained in
hazd copy form on file by the Parties for a period of no less than ten (10)
years after the expiration or termination of this Agreement.
6.2. ReQUIaz Meetings. During the Term of this Agreement, the Parties shall meet on a
regular basis, which shall occur no less than quarterly, at a location reasonably agreed
upon by the Parties, and shall engage in routine weekly communication to review the
status of the Program's deliverables, schedules and the budgets, and plan for upcoming
Program implementation activities. Any decision-making shall be reached and
documented in accordance with the requirements of Section 6.1.2 above.
6.3. Coordinating the Program Acfivities. Each Party shall be responsible for (i)
coordinating the implementation of its Authorized Work obligations with the other Party,
and (ii) monitoring the overall progress of the Authorized Work, to ensure that the
Program remains on target, (including achieving the Program's energy savings and
demand reduction goals), on schedule (including pursuant to the milestone schedule set
forth in Exhibit D ("Milestone Schedule"), and meets all reporting and other filing
requirements.
6.4. Regular Communication. The Parties agree to communicate regulazly with the
other Parties and to advise the other Parties of any problems associated with successful
implementation of the Program.
6.5. Coordinating with Other Energy Efficiency Pro rams. As applicable, SDG&E
shall coordinate with other existing or selected programs (including programs targeting
low-income customers) to enhance consistency in incentives and other Program details,
minimize duplicative administrative costs and enhance the possibility that programs can
be marketed together to avoid duplicative mazketing expenditures. All Parties will
coordinate with other energy programs to maximize customer satisfaction and energy
savings.
6.6. Non-Responsibility for Other Parties. Notwithstanding anything contained in this
Agreement in the contrary, a Party shall not be responsible for the performance or non-
7
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-59
performance hereunder of any other Party, nor be obligated to remedy any other Party's
defaults or defective performance.
7. DOUBLE DIPPING PROHIBITED.
In performing its respective Authorized Work obligations, a Party shall implement the
following mechanism and shall take other practicable steps to minimize double-dipping:
7.1. Prior to providing incentives or services to an Eligible Customer, City shall obtain
a signed form from such Eligible Customer stating that:
7.1.1. Such Eligible Customer has not received incentives or services for the
same measure from any other SDG&E program or from another utility,
state, or local program; and
7.1.2. Such Eligible Customer agrees not to apply for or receive incentives or
services for the same measure from another utility, state, or local program.
City shall keep its Eligible Customer-signed forms for at least 5 years after the expiration
or termination of this Agreement.
7.2. City shall not knowingly provide an incentive to an Eligible Customer, or make
payment to a Contractor, who is receiving compensation for the same product or service
either through another ratepayer funded program, or through any other funding source.
7.3. City represents and warrants that it has not received, and will not apply for or
accept incentives or services for any measure provided for herein or offered pursuant to
this Agreement or the Program from any other utility, state or local program.
7.4. The Parties shall take reasonable steps to minimize or avoid the provision of
incentives or services for the same measures provided under this Program from another
program or other funding source ("double-dipping").
8. REPORTING
8.1. Reporting Requirements. The Parties shall implement those reporting
requirements set forth in Exhibit C attached hereto and incorporated herein by this
reference, as approved by the Commission and as the same may be amended from time to
time, or until the Commission otherwise requires or issues different or updated reporting
requirements for the Program, in which case and at which time such Commission-
approved reporting requirements shall replace the requirements set forth in Exhibit C in
their entirety.
8
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-60
8.2. Commission Reporting Requirements Manual. All reports shall be submitted in
accordance with the requirements of the latest version of the Commission's Reporting
Requirements Manual (currently Version 3, Revised Apri12005) and any other reporting
protocol established by Commission staff. The Parties shall use their best efforts to
provide any additional information as requested by SDG&E or by Commission staff.
9. PAYMENTS
9.1. Authorized Budget. The total Authorized Budget for performance of the
Authorized Work is $4,088,991. No Party shall be entitled to compensation in excess of
the Authorized Budget for such Party's Authorized Work obligations. However, if
5DG&E executes any fund shift in accordance with Section 9.4 below, then each Party
shall be entitled to compensation up to, but not exceeding, the Authorized Budget, as
revised to reflect such fund shift, for such Party's Authorized Work obligations.
9.2. Program Expenditures. Each Party shalt be entitled to spend PGC or Gas
Surcharge Program Funds on Program Expenditures incurred by such Party.
9.3. Payment to City. In order for City to be entitled to PGC or Gas Surcharge funds
for Program Expenditures:
9.3.1. City shall submit quarterly reports to SDG&E, in a format reasonably
acceptable to SDG&E and containing such information as may be required
for the reporting requirements set forth in Section 8 above ("Quarterly City
Reports"}, by the tenth (10`h) Calendaz Day of the calendar month
following performance, setting forth all Program Expenditures.
9.3.2. City shall submit to SDG&E, together with its Quarterly City Report, a
quarterly invoice for reimbursement of reported Program Expenditures, in
a format acceptable to SDG&E, attaching all documentation reasonably
necessary to substantiate the Program Expenditures, including, without
limitation, the following:
a. Incentives: Subject to the provisions of Section 7, for each
incentive paid to Eligible Customers or Contractors (other than
point of purchase programs):
(i) Eligible Customer or Contractor name, address and
telephone number;
(ii) the type and quantity of each measure installed or received;
(iii) the amount of each incentive paid, and
(iv) the date each payment was provided or each measure was
installed or received.
9
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-61
b. Labor: For each of the Program's budget categories applicable to
City (e.g. Direct Implementation), alist of individuals and total
hours worked and labor rate(s) for each person during the month in
each budget category.
c. Overhead items other than travelltraining/conferences: Supporting
documentation for overhead items such as rent, computer
equipment, facility chazges, is required and shall be provided in
accordance with the provisions of Exhibit C. However, such
information must be provided upon request by either SDG&E or
the Commission.
d. Travel/Training/Conference: Supporting documentation for all
travel-related expenditures. While original receipts need not be
submitted, a detailed expense report for all travel expenses should
be provided, which includes airfaze, mileage, meals, lodging,
pazking, etc, in the format approved by SDG&E. A detailed travel
exgense report should include the following information: name of
person incurring expense, reason for expense, date(s) incurred and
type of expense (e.g. Airfare, Airport Pazking, Rental Car, Qther
Parking, Mileage, Meals, Hotel, Other costs, if any).
e. Contractor Costs: Copies of all Contractor invoices. If only a
portion of the Contractor costs applies to the Program, City shall
clearly indicate the line items or percentage of the invoice amount
that should be applied to the Program, as provided in Exhibit C.
f. Marketing: A copy of each distinct mazketing material produced,
with quantity of a given marketing material produced and the
method of distribution.
9.3.3. SDG&E reserves the right to reject any City invoiced amount for any of
the following reasons:
a. The invoiced amount, when aggregated with previous Program
Expenditures, exceeds the amount budgeted therefore in the
Authorized Budget for such Authorized Work.
b. There is a reasonable basis for concluding that such invoiced
amount is unreasonable or is not directly identifiable to or required
for the Authorized Work, the Scope of Work or the Program.
c. Such invoiced amount, in SDG&E's sole discretion, contains
charges for any item not authorized under this Agreement or by the
to
2010-2012 CITY OF CHULtl VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-62
Commission, or is deemed untimely, unsubstantiated or lacking
proper documentation.
9.3.4. Should SDG&E disapprove of any Program Expenditure of City, City
invoice or Quarterly City Report, SDG&E may request such additional
performance required from City, modification required to City's invoice or
such other action as may be required of City, and any continuing dispute
there from shall be resolved in accordance with the procedures set forth in
Section 14.
4.3.5. City shall maintain for a period of not less than five (5) years all
documentation reasonably necessary to substantiate the Program
Expenditures, including, without limitation, the documentation set forth in
Section 9.3.2(a) through (g) above. City shall promptly provide, upon the
reasonable request by SDG&E, any documentation, records or information
in connection with the Program or its Authorized Work.
9.4. Shifting Funds Across Budeet Cate og ries. SDG&E may shift Program funds
among budget categories (e.g. Administrative and Direct Implementation) as set forth in
the Scope of Work to the maximum extent permitted under, and in accordance with,
Commission decisions and rulings to which this Program relates.
9.5. Reasonableness of Expenditures. Each Party shall beaz the burden of ensuring
that its Program Expenditures are objectively reasonable. The Commission has the
authority to review all Program Expenditures for reasonableness. Should the
Commission, at any time, issue a finding of unreasonableness as to any Program
Expenditure, and require a refund or return of the PGC or Gas Surchazge funds paid in the
reimbursement of such Program Expenditure, the Party who incurred such Program
Expenditure and received reimbursement under this Agreement shall be solely and
severally liable for such refund or return.
9.6. Refund of PGC or Gas Surcharge Funds. With respect to any amount subject to
refund to the Commission pursuant to any subsequent Commission decision or ruling,
should the Commission determine that a refund is due and seeks to recover such refund,
the amount due shall be returned as duected by the Commission, within 30 days of
receipt of written notice that payment is owed, as follows: (1) if the refund is attributable
to an overpayment of Program funds to a Party, then that Party shall be solely liable for
such refund; (2) if the refund is attributable to an unreasonable expenditure, then the Party
who (i) incurred such Program Expenditure and received reimbursement under this
Agreement, or (ii) was otherwise entitled to receive reimbursement under this Agreement
but did not actually receive reimbursement due to receipt of an equivalent offset, shall be
solely liable for such refund; (3) for any other refund, each Party shall be solely liable for
its pro-rata share, determined by calculating the percentage of the total overall Program
Expenditures represented by each Party's reimbursements of Program Expenditures (both
11
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-63
actual reimbursements and those to which the Party was otherwise entitled but did not
receive due to receipt of an equivalent offset). Nothing in this provision is intended to
limit a Party's right to pursue administrative or other remedies available with respect to a
Commission decision or ruling. A Party's approval of any action which is the
responsibility of another Party under this Agreement shall not shift the corresponding
responsibility with respect to any overpayment or unreasonable Program Expenditure.
Notwithstanding the foregoing, any overpayment of Program funds to a Party (the
"Receiving Party") shall be immediately due and payable by the Receiving Party, upon
demand therefore; to the Party who made the overpayment, and the Party who made the
overpayment shall have the right to set the overpayment off from any other Program
funds payable to the Receiving Patty, if possible, or otherwise pursue any available
remedies for the recovery of the overpayment.
0. END DATE FOR PROGRAM AND ADMINISTRATIVE ACTIVITIES.
Unless this Agreement is terminated pursuant to Section 24 below, or otherwise by the
mutual agreement of the Parties or so ordered by the Commission, the Parties shall complete all
Program Administrative activities (as defined by the Scope of Work) and reporting requirements
by no later than March 31, 2013.
11. FINAL INVOICES
All Parties must submit final invoices no later than Mazch 31, 2013.
12. INDEMNITY
12.1. Indemnity by City. City shall indemnify, defend and hold harmless SDG&E, and
its successors, assigns, affiliates, subsidiaries, current and future parent companies,
officers, directors, agents, and employees, from and against any and all expenses, claims,
losses, damages, liabilities or actions in respect thereof (including reasonable attorneys'
fees) to the extent azising from (a) City's negligence or willful misconduct in City's
activities under the Program or performance of its obligations hereunder, or (b) City's
breach of this Agreement or of any representation or warranty of City contained in this
Agreement.
12 ?. Indemnity by SDG&E. SDG&E shall indemnify, defend and hold harmless City
and its successors, assigns, affiliates, subsidiaries, current and future pazent companies,
officers, directors, agents, and employees, from and against any and all expenses, claims,
losses, damages, liabilities or actions in respect thereof (including reasonable attorneys'
fees) to the extent arising from (a) SDG&E's negligence or willful misconduct in
SDG&E's activi6es under the Program or performance of its obligations hereunder or (b)
SDG&E's breach of this Agreement or any representation or warranty of SDG&E
contained in this Agreement.
tz
2610-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-64
12.3. LIMITATION OF LIABILITY. NO PARTY SHALL BE LIABLE TO ANY
OTHER PARTY FOR ANY INDIl2ECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES WHATSOEVER WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR STRICT LIABILITY INCLUDING, BUT NOT LIMITED To,
LOSS OF USE OF OR UNDER-UTILIZATION OF LABOR OR FACILITIES, LOSS
OF REVENUE OR ANTICIPATED PROFITS, COST OF REPLACEMENT POWER
OR CLAIMS FROM CUSTOMERS, RESULTING FROM A PARTY'S
PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS HEREUNDER,
OR IN THE EVENT OF SUSPENSION OF THE AUTHORIZED WORK OR
TERMINATION OF THIS AGREEMENT.
13. OWNERSHIP OF DEVELOPMENTS
The Parties acknowledge and agree that SDG&E, on behalf of its ratepayers, shall own all
data, reports, information, manuals, computer programs, works of authorship, designs or
improvements of equipment, tools or processes (collectively "Developments") or other written,
recorded, photographic or visual materials, or other deliverables produced in the performance of
this Agreement; provided, however, that Developments do not include equipment or
infrastructure purchased for reseazch, development, educafion or demonstration related to energy
efficiency. Although City shall retain no ownership, interest or title in the Developments except
as may otherwise be provided in the Scope of Work, it will have a permanent, royalty free, non-
exclusive license to use such Developments.
14. DISPUTE RESOLUTION
14.1. Dispute Resolution. Except as may otherwise be set forth expressly herein, all
disputes arising under this Agreement shall be resolved as set forth in this Section 14.
14.2. Ne¢otiation and Mediation. The Parties shall attempt in good faith to resolve any
dispute arising out of or relating to this Agreement promptly by negotiations between the
Parties' authorized representatives. The disputing Party shall give the other Parties
written notice of any dispute. Within twenty (20) days after delivery of such notice, the
authorized representatives shall meet at a mutually acceptable time and place, and
thereafter as often as they reasonably deem necessary to exchange information and to
attempt to resolve the dispute. If the matter has not been resolved within thirty (30) days
of the first meeting, any Party may initiate a mediation of the dispute. The mediation shall
be facilitated by a mediator that is acceptable to all Parties and shall conclude within sixty
(60) days of its commencement, unless the Parties agree to extend the mediation process
beyond such deadline. Upon agreeing on a mediator, the Parties shall enter into a written
agreement for the mediation services with each Party paying a pro rate shaze of the
mediator's fee, if any. The mediation shall be conducted in accordance with the
Commercial Mediation Rules of the American Arbitration Association; provided,
however, that no consequential damages shall be awarded in any such proceeding and
each Party shall bear its own legal fees and expenses.
13
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-65
14.3. Confidenfiality. All negotiafions and any mediation conducted pursuant to
Section 14.2 shall be confidential and shall be treated as compromise and settlement
negotiations, to which Section 1152 of the California Evidence Code shall apply, which
Secfion is incorporated in this Agreement by reference.
14.4. Injunctive Relief. Notwithstanding the foregoing provisions, a Party may seek a
preliminary injunction or other provisional judicial remedy if in its judgment such action
is necessary to avoid irreparable damage or to preserve the status quo.
14.5. Continuing Oblieation. Each Party shall continue to perform its obligations under
this Agreement pending final resolution of any dispute arising out of or relating to this
Agreement.
14.6. Failure of Mediation. If, after good faith efforts to mediate a dispute under the
terms of this Agreement as provided in Section 14.2 above, the Parties cannot agree to a
resolution of the dispute, any Party may pursue whatever legal remedies may be available
to it at law or in equity, before a court of competent jurisdiction and with venue as
provided in Section 14.2.
15. REPRESENTATIONS AND WARRANTIES
City represents and warrants, as of the Effective Date and thereafter during the Term of this
Agreement that:
15.1. The Authorized Work performed by City and its Contractors shall comply with
the applicable requirements of all statutes, acts, ordinances, regulations, codes, and
standards of federal, state,-local and foreign governments, and all agencies thereof.
15.2. The Authorized Work performed by City and its Contractors shall be free of any
claim of trade secret, trade mark, trade name, copyright, or patent infringement or other
violations of any proprietary rights of any person.
15.3. City shall conform to the applicable employment practices requirements of
(Presidential) Executive Order 11246 of September 24, 1965, as amended, and applicable
regulations promulgated thereunder.
15.4. City shall contractually require each Contractor it hires to perform the Authorized
Work to indemnify SDG&E to the same extent City has indemnified SDG&E under the
terms and condifions of this Agreement.
15.5. City shall retain, and shall cause its Contractors to retain, all records and
documents pertaining to its Authorized Work obligations for a period of not less than five
(5) years beyond the termination or expiration of this Agreement.
14
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-66
15.6. City shall contractually require all of its Contractors to provide the other Parties
reasonable access to relevant records and staff of Contractors concerning the Authorized
Work.
15.7. City will take all reasonable measures, and shall require its Contractors to take all
reasonable measures, to ensure that the Program funds in its possession aze used solely
for Authorized Work, which measures shall include the highest degree of caze that City
uses to control its own funds, but in no event less than a reasonable degree of care.
15.8. City will maintain, and may require its Contractors to maintain, the following
insurance coverage or self insurance coverage, at all times during the Term of this
Agreement:
a. Workers' Compensation and Employers' Liability: statutory minimum.
b. Commercial General Liability: $1 million minimum.
c. Commercial or Business Auto (if applicable): $ I million minimum.
d. Professional Liability (if applicable): $1 million minimum.
16. PROOF OF INSURANCE
16.1. Evidence of Insurance. Upon request at any time during the Term of this
Agreement, City shall provide evidence that its insurance policies (and the insurance
policies of any Contractor, as provided in Section 15.8) aze in full force and effect, and
provide the coverage and limits of insurance that City has represented and warranted
herein to maintain at all times during the Term of this Agreement.
16.2. Self-Insurance. If City is self-insured, City shall upon request forward
documentation to SDG&E that demonstrates to SDG&E's satisfaction that City self-
insures as amatter of normal business practice before commencing the Authorized Work.
SDG&E will accept reasonable proof of self-insurance comparable to the above
requirements.
17. CUSTOMER CONFIDENTIALITY REQUIREMENTS
17.1. Non-Disclosure. City, its employees, agents and Contractors shall not disclose
any Confidential Customer Information (defined below) to any third parry during the
Term of this Agreement or after its completion, without City having obtained the grior
written consent of SDG&E, except as provided by law, lawful court order or subpoena
and provided City gives SDG&E advance written notice of such order or subpoena.
17.2. Confidential Customer Information. "Confidential Customer Information"
includes, but is not limited to, a SDG&E customer's name, address, telephone number,
account number and all billing and usage information, as well as any SDG&E customer's
information that is marked confidential. If City is uncertain whether any information
15
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-67
should be considered Confidential Customer Information, City shall contact SDG&E
prior to disclosing the customer information.
17.3. Non-Disclosure A reg ement. Prior to any approved disclosure of Confidenflal
Customer Information, SDG&E may require City to enter into a nondisclosure agreement.
17.4. Commission Proceedines. This provision does not prohibit City from disclosing
non-confidential information concerning the Authorized Work to the Commission in any
Commission proceeding, or any Commission-sanctioned meeting or proceeding or other
public forum.
17.5. Return of Confidential Information. Confidential Customer Information
(including all copies, backups and abstracts thereof) provided to City by SDG&E, and any
and all documents and materials containing such Confidential Customer Information or
produced by City based on such Confidential Customer Information (including all copies,
backups and abstracts thereof), during the performance of this Agreement shall be
returned upon written request by SDG&E.
i7.6. Remedies. The Parties acknowledge that Confidential Customer Information is
valuable and unique, and that damages would be an inadequate remedy for breach of this
Section 17 and the obligations of City aze specifically enforceable. Accordingly, the
Parties agree that in the event of a breach or threatened breach of this Section 17 by City,
SDG&E shall be entitled to seek and obtain an injunction preventing such breach, without
the necessity of proving damages or posting any bond. Any such relief shall be in
addition to, and not in lieu of, money damages or any other available legal or equitable
remedy.
17.7 Public Records Act. Notwithstanding the foregoing, SDG&E understands that all
information provided to the City may be subject to public review pursuant to the
California Public Records Act (California Govemment Code Section 6250 et seq.), which
provides that records in the custody of a public entity might be disclosed unless the
information being sought falls into one or more of the exemptions to disclosure set out in
Govemment Code Sections 6254 through 6255. As a result, City may be obligated to
disclose any information provided to the City to any patty that requests it to the extent
permitted under the California Public Records Act.
18. TIME IS OF THE ESSENCE
The Parties hereby acknowledge that time is of the essence in performing their obligations
under the Agreement. Failure to comply with deadlines stated in this Agreement may result in
termination of this Agreement, payments being withheld or other Program modifications as
directed by the Commission.
19. CUSTOMER COMPLAINT RESOLUTION PROCESS
16
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-68
City shall develop and implement a process for the management and resolution of Customer
complaints in an expedited manner including, but not limited to: (a) ensuring adequate tevels of
professional Customer service staff; (b} direct access of Customer complaints to supervisory
and/or management personnel; (c) documenting each Customer complaint upon receipt; and (d)
elevating any complaint that is not resolved within five (5) days of receipt by City.
20. RESTRICTIONS ON MARKETING
20.1. Use of Commission's Name. No Party may use the name of the Commission on
marketing materials for the Program without prior written approval from the Commission
staff. In order to obtain this written approval, SDG&E must send a copy of the planned
materials to the Commission requesting approval to use the Commission name and/or
logo. Notwithstanding the foregoing, the Parties shall disclose their source of funding for
the Program by stating prominently on mazketing materials that the Program is "funded
by Califomia ratepayers under the auspices of the California Public Utilities
Commission."
20.2. Use of SDG&E's Names. City must receive prior review and written approval
from SDG&E for the use of SDG&E's name or logo on any marketing or other Program
materials. City shall allow twenty (20) days for SDG&E review and approval.
20.3. Use of Citv Name. SDG&E must receive prior written approval from City for use
of City's name or logo on any marketing or other Program materials. SDG&E shall allow
twenty (20) days for such City review and approval.
21. RIGH"I' TO AUDIT
City agrees that SDG&E and/or the Commission, or their respective designated
representatives, shall have the right to review and to copy any records or supporting
documentation pertaining to City's performance of this Agreement or the Authorized Work,
during normal business hours, and to allow reasonable access in order to interview any
employees of City who might reasonably have information related to such records. Further, City
agrees to include a similar right of SDG&E and/or the Commission to audit records and
interview staff in any subcontract related to performance of City's Authorized Work or this
Agreement.
22. STOP WORK PROCEDURES
SDG&E may suspend City's Authorized Work being for good cause, such as safety concerns,
fraud, or excessive Customer complaints, by notifying City in writing to suspend its Authorized
Work being performed in its service territory. City shall stop work immediately, and may resume
its Authorized Work only upon receiving written nofice from SDG&E that it may resume its
Authorized Work.
t7
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-69
23. MODIFICATIONS
Changes to this Agreement shall only be made by mutual agreement of all Parties through a
written amendment to this Agreement signed by all Par[ies.
24. TERM AND TERMINATION
24.1. Term. This Agreement shall be effective as of January 1, 2010. The Agreement
shall continue in effect until December 31, 2012 ("Term") unless otherwise terminated in
accordance with the provisions of Section 24.2 below.
24.2. Termination for Breach, Any Party may terminate this Agreement in the event of
a material breach by the other Parry of any of the material terms or conditions of this
Agreement, provided such breach is not remedied within sixty (60) days notice to the
breaching Party thereof from the non-breaching Party or otherwise cured pursuant to the
dispute resolution provisions set forth in Section 14 herein.
24.3. Termination for Convenience. SDG&E andlor the City of Chula Vista shall have
the right to terminate this Agreement, at their sole convenience and without first
obtaining the other Party's prior consent, by providing at least thirty (30) days' prior
written notice to the other Party setting forth the effective date of such termination.
24.4. Effect of Termination.
24.4.1. In the event of termination of this Agreement, the Parties shall be entitled
to PGC and/or Gas Surcharge Funds for all Program Expenditures incurred
or accrued pursuant to coniractual or other legal obligations for Authorized
Work up to the effective date of termination of this Agreement, provided
that any Quarterly City Reports or other reports, invoices, documents or
informaflon required under this Agreement or by the Commission are
submitted in accordance with the terms and conditions of this Agreement.
The provisions of this Section 24.4.1 shall be a Patty's sole compensation
resulting from any termination of this Agreement.
24.4.2. In the event of termination of this Agreement, City shall stop any
Authorized Work in progress and take action as directed by SDG&E to
bring the Authorized Work to an orderly conclusion, and the Parties shall
work cooperatively to facilitate the termination of operations and any
applicable contracts for Authorized Work.
I8
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-70
25. WRITTEN NOTICES
Any written notice, demand or request required or authorized in connecfion with this
Agreement, shall be deemed properly given if delivered in person or sent by facsimile, nationally
recognized overnight courier, or first class mail, postage prepaid, to the address specified below,
or to another address specified in writing by a Party as follows:
City:
The City of Chula Vista "
Michael Meacham
276 Fourth Avenue
Chula Vista, CA 91910
619-409-5870 telephone
619-476-5310 facsimile
SDG&E:
San Diego Gas & Electric Company
Julie Ricks
8326 Century Park Court, CP62E
San Diego, CA 92123-1530
858-654-8302 telephone
858-654-0311 facsimile
Notices shall be deemed received (a) if personally or hand-delivered, upon the date of delivery to
the address of the person to receive such notice if delivered before 5:00 p.m., or otherwise on the
Business Day following personal delivery; (b) if mailed, three (3) Business Days after the date
the notice is postmarked; (c) if by facsimile, upon electronic confirmation of transmission,
followed by telephone notification of transmission by the noticing Party; or (d) if by overnight
courier, on the Business Day following delivery to the overnight courier within the time limits set
by that courier for next-day delivery.
26. CONTRACTS
Each Parry shall, at all times, be responsible for its Authorized Work obligations, and acts
and omissions of Contractors and persons directly or indirectly employed by such Party for
services in connection with the Authorized Work.
27. RELATIONSHIP OF THE PARTIES
The Parties shall act in an independent capacity and not as officers or employees or agents of
each other. This Agreement is not intended to and does not form any "partnership" within the
meaning of the California Uniform Partnership Act of 1994 or otherwise.
28. NON-DISCRIMINATION CLAUSE
No Party shall unlawfully discriminate, harass, or allow hazassment against any employee or
applicant for employment because of sex, race, color, ancestry, religious creed, national origin,
physical disability (including HIV and AIDS), mental disability, medical condifion (cancer), age
(over 40), marital status, and denial of family caze leave. Each Party shall ensure that the
evaluation and treatment of its employees and applicants for employment are free from such
19
2010-2012 CITY OF CHTJLA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-71
discrimination and harassment, and shall comply with the provisions of the Fair Employment and
Housing Act (Government Code Section 12490 (a)-(f) et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a)-(f), set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations, are incorporated into this Agreement by reference and made a
part hereof as if set forth in full.
Each Party represents and warrants that it shall include the substance of the
nondiscrimination and compliance provisions of this clause in all subcontracts for its Authorized
Work obligations.
24. COMMISSION AUTHORITY TO MODIFY
This Agreement shall at all times be subject to the discretion of the Commission, including,
but not limited to, review and modifications, excusing a Party's performance hereunder, or
termination as the Commission may direct from time to time in the reasonable exercise of its
jurisdiction.
30. NON-WAIVER
None of the provisions of this Agreement shall be considered waived by any Party unless
such waiver is specifically stated in writing.
31. ASSIGNMENT
No Parly shall assign this Agreement or any part or interest thereof, without the prior written
consent of the other Party, and any assignment without such consent shall be void and of no
effect. Notwithstanding the foregoing, if SDG&E is requested or required by the Commission to
assign its rights and/or delegate its duties hereunder, in whole or in part, such assignment or
delegation shall not require City's consent, and SDG&E shall be released from all obligations
hereunder arising after the effecfive date of such assignment, both as principal and as surety.
32. FORCE MAJEURE
Failure of a Party to perform its obligations under this Agreement by reason of any of the
following shall not constitute an event of default or breach of this Agreement: strikes, picket
lines, boycott efforts, earthquakes, fires, floods, waz (whether or not declared), revolution, riots,
insurrections, acts of God, acts of government (including, without limitation, any agency or
departrnent of the United States of America), acts of terrorism, acts of the public enemy, scarcity
or rationing of gasoline or other fuel or vital products, inability to obtain materials or labor, or
other causes which aze reasonably beyond the control of such Party.
33. SEVERABILITY
20
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-72
In the event that any of the terms, covenants, or conditions of this Agreement, or the
application of any such term, covenant or condition, shall be held invalid as to any person or
circumstance by any court, regulatory agency, or other regulatory body having jurisdiction, all
other terms, covenants, or conditions of this Agreement and their application shall not be affected
thereby, but shall remain in full force and effect, unless a court, regulatory agency, or other
regulatory body holds that the provisions are not sepazable from all other provisions of this
Agreement.
34. GOVERNING LAW; VENUE
This Agreement shall be interpreted, governed, and construed under the laws of the State of
California as if executed and to be performed wholly within the State of California. Any action
brought to enforce or interpret this Agreement shall be filed in San Diego County, California.
35. SECTION HEADINGS
Section headings appearing in this Agreement aze for convenience only and shall not be
construed as interpretations of text.
36. SURVIVAL
Notwithstanding completion or of this Agreement, the Parties shall continue to be bound by
the provisions of this Agreement which by their nature or terms survive such completion or
terminafion. Such provisions shall include, but are not limited to, Sections 8, 9, 12, 13, 14, 17,
21, 24, 34 and 37 of this Agreement.
37. ATTORNEYS' FEES
Except as otherwise provided herein, in the event of any legal action or other proceeding
between the Parties arising out of this Agreement or the transactions contemplated herein, each
Party in such legal action or proceeding shall beaz its own costs and expenses incurred therein,
including reasonable attorneys' fees.
38. COOPERATION
Each Party agrees to cooperate with the other Parties in whatever manner is reasonably
required to facilitate the successful completion of this Agreement.
39. ENTIRE AGREEMENT
This Agreement (including the Exhibits hereto) contains the entire agreement and
understanding between the Parties and merges and supersedes all prior agreements,
representations and discussions pertaining to the subject matter of this Agreement.
21
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-73
40. COUNTERPARTS
This Agreement maybe executed in one or more counterparts, each of which shall be deemed
to be an original, but all of which together shall be deemed to be one and the same instrument.
(Signature page follows)
22
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCYAND CONSERVATION
PARTNERSHIP AGREEMENT
4-74
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized representatives.
CITY:
CITY:
APPROVED AS TO FORM
THE CITY OF CHDLA VISTA
(~I,µm Ba esfeld
i e. City Attorney
SDG&E:
SAN DIEGO GA5 & ELECTRIC COMPANY
~~~~~
Name: Hal Snyder
Title: Vice President, Customer Solutions
APPROVED AS TO FORM
~~ti~
4-75
EXHIBTT A
2010-2012 SCOPE OF WORK
(See following attached pages)
2006-2005 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAM AGREEMENT
4-76
~«r~
CITY OF
CHULAVISTA
2010-2012 SDG&E LOCAL GOVERNMENT PARTNERSHIP
SCOPE OF WORK
PROGRAM OVERVIEW
a) Program Title:
City of Chula Vista/SDG&E Local Government Partnership
b) Program Budget (3-Year):
$4,088,991
c) Program Term:
January 1, 2010 through December 31, 2012
d) Main Contactlnformation:
Brendan Reed, Environmental Resource Manager
Department of Conservation & Environmental Services
276 Fourth Avenue
Chula Vista, CA 91910
619-409-5889 Office
619-476-5310 Fax
PROGRAM COMPONENT
Municipal Facilities Efficiency Improvements
DESCRIPTION.
The SDG&E/Chula Vista Energy Efficiency Partnership will expand the City's efforts to
reduce municipal energy use through facility retrofits and upgrades. Chula Vista owns,
leases, and/or operates over 90 buildings and structures totaling approximately 1.4
million square feet. Annually, the City's buildings consume an estimated 12 million
kWh and 1 million therms. In addition, the program will help train municipal facility
managers on better energy management practices and will complement Chula Vista's
ongoing investments in renewable energy generation.
GOALS, OBJECTIVES & DELIVERABLES
1. Develop integrated energy management strategies far major City buildings and
facilities
2010-2012 CV(SDG&E Local GovemmentPartnership
Final SOW
1of12
4-77
a. Objective - Coordinate with SDG&E and other third-party entifies to
complete integrated energy facility audits to identify energy efficiency,
demand response, and distributed generation opportunities.
i. Deliverables -Complete integrated facility audits for major municipal
sites.
b. Obiective -Use the EPA Portfolio Manager to track and benchmark all
major municipal buildings and facilities' energy consumption over time.
i. Deliverables -Uploading of energy consumption data for major
municipal facilities to the EPA Portfolio Manager.
2. Reduce energy consumption at City buildings, facilities, and related
infrastructure
a. Obiective -Coordinate the installation of energy efficient retrofit projects
(such as HVAC, lighting, and VFDs) at City buildings, facilities, and related
infrastructure.
i. Deliverables - Reduce the City's building energy use by
approximately 1,000,000 kWh and 20,000 therms.
b. Obiective -Complete anenergy-efficient street lighting demonstration
project to test the applicability of various lighting technologies for different
roadway types.
i. Deliverables -Produce a summary report which compazes and
contrasts the feasibffity of using energy-saving lighting factures in
municipal street lighting operations.
c. Obiec6ve - Idenfify and pursue energy efficiency financing options to
provide installation capital costs which are not covered under existing
incentive programs.
i. Deliverables -Secure retrofit project financing through California
Energy Commission loan or SDG&E "On-Bill Financing" programs
(exact value dependent on identified retrofit project list).
TARGET AUDIENCE
To include: City facility managers and support staff
SCHEDULE
• Jan -April `10: Begin integrated energy audits
Identify retrofit projects at municipal facilities
Obtain energy efficiency financing for retrofit projects
• May ' 10 -Dec ' 12 Install energy efficiency retrofits and verify energy savings
2010-2012 CV/SDG&E Local Government Partnership
Final SOW
2of12
4-78
BUDGET
.Program Name: ManicipaLFacilities Efficiency Improvements
Pro am $u et
Item: $
Administrafive Costs - -
Marketing/Outreach Costs - -
Incentive/Rebate Costs - -
Duect Implementation Costs $432,000 100%
Total $332,000 100%
PROGRAM COMPONENT
Empower Chula Yuta Outreach Program
DESCRIPTION
The Empower Chula Vista program is designed to complement San Diego Gas &
Electric's residential and commercial energy efficiency programs by providing trained
City staff to engage and educate Chula Vista businesses, residents, and contractors about
energy-saving opportunities. City staff are able to play a unique role in delivering energy
efficiency programs to their community, both because their more proximate relationship
with citizens, and because they aze able to leverage other municipal services/processes to
maximize outreach effectiveness. For the 2010-2012 Energy Efficiency Partnership, the
City of Chula Vista will build upon its successful Empower Chula Vista program -which
distributed over 50,000 CFLs, 2,600 water-saving devices, and performed over 2,000
energy evaluatons in the community since 2006 - by broadening its targeted audience
and its focus on whole-building energy performance retrofits, "plug-loads", and energy
consumption behavior.
GOALS, OBJECTIVES, & DELIVERABLES
1. Increase the community's awareness and access to energy-saving technologies &
promote CPUC/SDG&E's involvement in delivering energy-saving opportunities
a. Obiective -Trained City staff will perform free on-site energy evaluations
for Chula Vista businesses and residents. The evaluations will include a
review of past consumption data (using SDG&E's Energy Waves software)
and an analysis of energy-saving opportunities (both technological and
behavioral). City staff will provide participants with an overview of
applicable SDG&E incentive programs and assistance completing incentive
and/or On-Bill Financing applications. All referral information generated
through the evaluations will be electronically sent to SDG&E program
managers.
2010-2012 CV/SDG&E Local GovernmentParh7erslup
Final SOW
3of12
4-79
Deliverables -Energy evaluations of local businesses and residences
will be completed generating SDG&E program referrals.
b. Objective - As part of the residential and business evaluations, City staff will
demonstrate to participants the amount of electricity being drawn by various
plug-load devices in their facility by using a Kill A WattTM device.
Participants may also receive a power strip with timer to reduce wasteful
"vampire" energy.
i. Deliverables -Energy-saving power strips will be distributed (limit
one per householdPousiness during three year cycle). Vampire
energy can account for more than 8% of a typical home's electricity
usage.
c. Objective -Program participants will have an option of monitoring their
home or business's energy consumption over atwo-week period using areal-
time energy monitor (PowerCost Monitor TM or other similaz device). At the
conclusion of the two week period, City staff will review with the participants
their energy use and applicable behavioral and operational changes to reduce
their consumption.
i. Deliverables -Residents and/or businesses will participate in the
energy monitoring program. Studies have shown that increased
energy awazeness and simple consumption changes can deliver a
10% reduction in energy use.
d. Objective - As part of the City's Home Upgrade, Carbon Downgrade
program, residents and businesses interested in installing more energy-
efficient or renewable energy technologies will be able to take advantage of
streamlined contracting, permitting, and/or financing to facilitate retrofits.
Special focus will be given to promoting cost-effective, whole-building
performance upgrades (instead of single measures).
i. Deliverables -Residents and/or businesses will enroll in the Home
Upgrade, Carbon Downgrade program resulting in installed energy-
efficiency and demand reduction equipment.
2. Promote the use and proper disposal of energy-efficient lighfing
a. Objective - As an incentive for energy assessment program participation,
residents and businesses will be offered energy-efficient Compact
Fluorescent Lights (CFL) in exchange for traditional models.
i. Deliverables - CFLs will be exchanged for incandescent or other
traditional bulb types.
b. Objective -Due to the recent market transformation from older incandescent
lighting to energy-efficient Compact Fluorescent Lights (CFL), there is a
growing community demand for opportunities to properly dispose of CFLs.
City staff' will work to establish and promote convenient CFL disposal
opportunities for the South Bay community.
Deliverables -Disposal events will be organized in the South Bay
azea, while permanent disposal sites will be promoted.
2010-2012 CV/SDG&E Local GovemmentPartnership
Final SOW
4of12
4-80
c. Objective - As part of the annual Stazlight Parade, residents will be able to
exchange up to three incandescent holiday light strands for energy-efficient
LED holiday lights.
i. Deliverables -LED holiday lights will be distributed annually
during the three-year program cycle. LED lights can save up to 90%
in holiday lighting costs and last 100 times longer than incandescent
lights.
3. Expand energy-efficiency opportunities in underserved community sectors in
which there is a high demand for energy efficiency services and considerable
potential for energy savings
a. Objective -Chula Vista is an ethnically diverse city with a lazge percentage of
residents, business owners, and contractors who speak a foreign language as
their primary language. To assist the program in successfully engaging these
typically underserved sectors, the City will recruit staff members who are
fluent in Spanish, Tagalog, Vietnamese, or another locally-spoken language.
i. Deliverables -Outreach team will include foreign-speaking staff
members who aze fluent in the aforementioned languages. All
outreach materials will be translated into at least 1 foreign language
and used to engage with non-English speaking ratepayers.
b. Objective - In conjunction with the City's Redevelopment Agency and the
Office of Economic Development, the program will place a lazge emghasis on
penetrating new community sectors to deliver energy efficiency education,
assessments, and SDG&E program referrals.
i. Deliverables -Creation and distribution of customized promotional
materials, sector workshops, and multi-department outreach efforts
to new sectors which may include mobile homes, corporations,
box/department stores, dry cleaners, auto repair, supermazkets, and
healthcare offices.
a Objective -The outreach program's "Peer-to-Peer" efforts will focus on
providing technical and policy support to enable smaller South Bay
municipalities to pursue energy efficiency regulations, facility retrofit projects
and community outreach campaigns by organizing a series of workshops and
meetings. The workshops will educate South Bay government employees and
officials about all aspects of energy management and provide valuable
`9essons learned" from Chula Vista's past experience implementing municipal
and community energy efficiency programs.
i. Deliverables -Organize workshops and meetings for South Bay
municipal staff and officials. Workshop topics may include energy
ordinances/codes, energy efficiency technology, retrofit financing,
renewable energy integrafion, and greenhouse gas emission
inventories.
2010-2012 CV/SDG&E Local Government Partnership 5 of 12
Final SOW
4-81
TARGET AUDIENCE
To include: South Bay elected officials, city employees, non-English speaking ratepayers,
residents and businesses (including mobile homes, corporations, box/department stores,
dry cleaners, auto repair, supermarkets, and healthcare offices). In order to successfully
implement the outreach program, the City will leverage an array of public marketing and
media tools which aze unique to local governments:
Ciry Calendaz/Website 4.5 ntillion monthly `hits'
City Newsletter 1,100 subscrtbers
Direct Mailer: 200,000 individuals
Business License Renewal Process 8,000licensed businesses
Solid Was[e/Recycling Billing 85,000 households
Multi-Depattmental Outreach 300,000 individuals (incl. National City & Imperial Beach)
South Bay Community Events 500,000 attendees
Chula Vista Civic Organizations L00 community leaders
SCHEDULE
• Tan `10: Recruit & train staff
Prepaze marketing plans & materials
Create tracking database & forms
• Feb `10: Begin community energy assessments & Home
Upgrade, Carbon Downgrade program
• April `09: Begin Peer-To-Peer workshop series
• Dec '09: Host an LED holiday lighting exchange
• Tan ' 10 -Dec ' 11: Continue program implementafion
BUDGET
Below is the program's 3-yeaz Partnership budget. In addition to Partnership funds, the
program will leverage the City's Energy Efficiency & Conservation Block Crrant funds
($900,000), private financing (up to $10 million), and in-kind community and volunteer
support.
2010-2012 CV/SDG&E Local Government Partnership
Final SOW
6of12
4-82
Pro - am Name: Empower Ckula Vista Outreach Pro am
<. Pr ram Bud et
Item $) (%
Administrative Costs $295,701 20%
Mazketing/Outreach Costs $45,000 4%
Incentive/Rebate Costs - -
DirectImplementationCosts $1,101,718 76%
Total $1,442,419 100%
PROGRAM COMPONENT
Sustainable Communities Program
DESCRIPTION
Building upon the current program, the Chula Vista "Sustainable Communifies Program"
(SCP) will further City staff's expertise in energy conservation and green building
principles, with the goal of infusing sustainable practices into every level of the planning
and building process. Staff will promote these principles to customers engaged in the
municipal permit and construction approval process through the City's Internet, on the
phone, or in person at the Public Services Building. Under the SCP, the Development
Services Department will also investigate and update their exisfing programs, guidelines,
and regulations to reflect the advances that have been made in both the green building
and energy conservation aspects of community and project-level site planning and to
coordinate these activities with new energy-related programs.
GOALS, OBJECTIVES & DELIVERABLES
1. Development, adoption, implementation, and modification of programs,
policies, and ordinances to increase energy efficiency and sustainability Ievels
over established baseline values.
a. Obiective -Dedicate selected staff members to fulfill Local Government
Partnership and program goals. Provide funds for a Building Inspector II (full
Gme) and Associate Planner (half time) to develop and maintain expertise in
energy efficiency and to initiate energy-saving building and land use
measures, respectively.
i. Deliverables - New and updated energy conservation and
sustainability policies, guidelines, procedures, and ordinances for
lazge-scale new developments, site plans, and new building
construction as well as for remodels and additions to existing
buildings.
2010-2012 CV/SDG&E Local Government Partnership
Final SOW
7of12
4-83
ii. Deliverables -Encourage Plan Examiners (3) and the dedicated
Building Inspector II (1) to obtain "Certified Energy Plans
Examiner" credentials and other relevant certifications.
b. Obiective - Investigate a voluntary and incentivized program to encourage
development to be more energy efficient than new mandatory enhanced
standards..
i. Deliverables - Reseazch and present a program feasibility summary
that would offer an expedited enfitlement approval and permitting
process for new development that meets an advanced tiered
standazd of energy efficiency above the new enhanced mandatory
values (15-20% over Title-24) and would be established by code
and local ordinance.
ii. Deliverables - Reseazch and present a program feasibility summary
that would offer an expedited permit process to small additions,
remodels, and tenant improvements that are more energy efficient
than the 2008 Energy Code. These projects are currently exempt
from the new "Above Title-24 Energy Efficiency Ordinance",
expected to be in place in 2010.
2. Outreach, support, and education of City staff, the public, the development
community, and peer groups on new energy efficiency and sustainability
measures.
a Obiective -Update and maintain print and website media content to
guide staff and the public on the changes to SCP programs and policies.
i. Deliverables -Produce revised hazdcopy and digital forms,
handouts, brochures, process guides, and information links.
ii. Deliverables -Update "Sustainability Center" website with new
program materials and energy-focused information regulazly.
iii. Deliverables -Develop articles about SCP activities to be
distributed through news and City information outlets.
iv. Deliverables -Regular E-Mail distribution list notifications to the
development community on topics relating to the program.
b. Objective -Provide technical support and educafion on the changes to
the SCP programs and policies.
i. Deliverables -Attend and participate in events for sharing "lessons
learned", successes, and progress information at venues such as
SDG&E Partnership Mixers, City staff meetings, and community
events. Distribution of SCP and SDG&E materials at these events.
ii. Deliverables -Provide regular in-house trainings to Development
Services staff on the SCP program, Title 24, Energy Efficiency and
Green Building ordinances.
iii. Deliverables -Participate in pre-construction meetings on jobsites
to explain and aid compliance with the new Green Building
2010-2012 CV/SDG&E Local Government Partnership
Final SOW
8of12
4-84
Standards, Energy Code, and Energy Efficiency ordinances
developed. Number of meetings and follow-ups will be dependent
on a development project's scope of work and the needs of the
applicant or contractor.
iv. Deliverables -Staffing of "Sustainability Desk" with a Building
Inspector II who will be on-call during public counter hours to
answer questions, calls, and emails relating to the SCP and Title
24. Inspector will also provide research, guidance, and assistance
with plan check of energy efficiency and green building practices
at the Development Services counter.
v. Deliverables -Maintain current informational materials, brochures,
and handouts at the" Sustainability Desk".
3. Increase compliance and enforcement of new "reach" energy efficiency and
sustainability codes which were recently adopted by the Chula Vista City
Council.
a. Objective -Building Inspector II to provide verification that all
mandatory enhanced energy efficiency and green building
requirements aze being properly met.
i. Deliverables -Perform field audits on all types of construction
projects to confirm compliance with the enhanced energy
efficiency requirements and to ensure proper installation and
inspection procedures were performed.
ii. Deliverables -Regularly review plans and documentation with the
developers, contractors, owner builders, and Development
Services staff.
TARGET AUDIENCE
To include: Building and Planning Department staff, Builders, Developers, Residents,
businesses
SCHEDULE
• Jan -Mar 2010 Adoption of new enhanced energy efficiency codes
Enforcement of new Title 24 2008 code
• Apri12010 -Dec 2012 Implementation of SCP goals and deliverables
2010-2012 CV/SDG&E Local Goveznment Partnership
Final SOW
9of12
4-85
BUDGET
Pro ram Namei Sustainable Communities Pro am
--: Pro rain Bud et
Item $ `. (%) ;
Administrative Costs $ 156,440 15%
Marketing/Outreach Costs $73,631 7%
Incentive/Rebate Costs - -
Direct Implementation Costs $777,930 78%
Total $1,008,000 100%
PROGRAM COMPONENT
Energy-Efficient Economic Development Initiative
DESCRIPTION
Through the current partnership with SDG&E, the City has begun to demonstrate how
energy-efficient and renewable energy technologies and energy conservation (EERE &
EC) can be cost-effectively integrated into large-scale development projects to reduce
energy consumption and greenhouse gas emissions. The proposed program will expand
upon and leverage this work through additional research, demonstration, and technical
assistance initiatives that will enable developers and builders to design and construct
high-efficiency and zero-net-energy projects at greenfield, grayfield, and brownfield sites
throughout the City. Further, the program will support afull-time Subject Matter Expert
(SME) to generate and manage these initiatives and to assist the Economic Development
Division and Planning Division amact businesses and development projects that will
enhance the City's energy-efficiency and emission reduction goals.
GOALS, OBJECTIVES & DELIVERABLES
1. Generate New Knowledge & Methods & Strengthen Utility Efficiency Programs
a. Objective - SME will plan, resource, and manage feasibility studies/projects to
determine the cost-effective combinations of EERE&EC technologies and
urban design features that deliver maximum energy efficiency and emission
reducfion gains in representative residential, commercial, industrial,
institufional, and mixed-use projects in Chula Vista. The City and the SME will
work closely with SDG&E to ensure that these initiatives enhance the Savings
by Design, Sustainable Communities, Emerging Technologies, and the Express
Efficiency programs to produce greater energy savings and emission reductions.
i. Deliverables -Translation of the research into practical resource
guides for the development trades including recommended program
enhancements for some of the SDG&E programs mentioned above or
other general enhancement recommendations.
2010-2012 CV%SDG&E Local Government Partnership
Final SOW
10 of 12
a-as
2. Demonstrate Value of EERE&EC Development Projects
a Objective -SME will collaborate with development and building industry
partners to demonstrate model EERE&EC technology applications in
representative development projects across the City. SME will seek addifional
State agency (California Energy Commission) support to conduct performance
verification projects to demonstrate actual performance benefits of selected
technology applications.
i. Deliverables -Technology demonstration projects and case studies of
successful EERE&EC development projects including a compelling
business case for the development industry. Note: Demonstraflon
projects dependent on SDG&E participation.
3. Retain & Expand Allied Businesses, Institutions & Development Projects
a. Objective - SME will assist the Economic Development Office in
communicating to existing businesses, and to those relocating to the City, the
"business case" for EERE&EC technologies and their value in lowering
operating costs. SME will participate in the planning and design of the City's
new Eco-IndustriaUBusiness Park and will assist the Economic Development
Office in recruiting new businesses specializing in clean energy technologies,
products and services. SME will assist in recruiting clean energy technology
research and development organizations to the University Pazk and Reseazch
Center. SME will assist the Planning Division in incorporating related resources
into their programs. The City and the SME will work with the aforementioned
SDG&E programs to ensure that new business recmitment/development projects
produce energy savings and emissions reductions.
i. Deliverables -Targeted business/development project recruitment
initiatives. These inifiatives will assist SDG&E in meeting their
obligations under the Global Warming Solutions Act of 2006 (AB 32)
and the requirements of SB 1368.
TARGET AUDIENCES
To include: clean technology companies, universities and related research insfitutes, the
hospitality industry, and the real estate development community.
SCHEDULE
• Tan -May `10: Define the role of the SME & recruit the individual
• June -Dec `10: Refine the SME role & develop detailed program plans
• Jan `1l -Dec `12: Implement the program
2010-2012 CV/SDG&E Local GovemmentPartierslup
Final SOW
11 of 12
4-87
BUDGET
Program Name:. Energy-Efficient Community Development Initiative
Pro ram Bud et
Item ,: $ -` "/°) ,.
Administrative Costs $15,000 2%
Marketing/Outreach Costs $60,000 7%
Iacenrive/Rebate Costs - -
DirectImplementation Costs $729,000 9I%
Total $804,000 100%
PROGRAM COMPONENT
Partnership Management & Administration
DESCRIPTION
The citywide Partnership program is coordinated and administered by a central staff
member to improve efficiency, effectiveness, and communication between all parties.
The staff member also serves as a direct contact for SDG&E program managers.
BUDGET
Program Names Partnership Management & Administration
Pro am Bu -et
Item '' $:. "/o
Administrative Costs $402,572 100%
Marketing/Outreach Costs - -
Incentive/Rebate Costs - -
Direct Implementation Costs - -
Total $402,572 100%
2010-2012 CV/5DG&E Local Government Partnership
Final SOW
12 of 12
4-88
EXHIBIT B
EM&V PLAN
EM&V Pian will be issued at a later date in 2010 by the California Public Utilities
Commission and will be attached at that time. ]
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAM AGREEMENT
4-89
EXHIBIT C
REPORTINGING REQi7IItEMENTS (As Applicable)
1. Reporting
1.1 Chula Vista shall provide SDG&E with the requisite information, in accordance with Section 9.4 of the
Agreement, on the prior month's activities, accomplishments and expenditures incurred in Unified
Chula Vista accounting periods related to its respective Authorized Work obligations, for purposes of
prepazing the Monthly, Quarterly and Annual Reporting.
1.2 SDG&E shall provide Chula Vista in accordance with the provisions of Secfion 25 of the Agreenent,
or otherwise make available to Chula V ista on SDG&E's website, a copy of the filed Monthly
Reporting within five (5) Business Days after filing.
2. Monthly Reporting
2.1 Program Data - A spreadsheet table or tables listing which includes the followng information:
Program Costs_(cost reported cumulative-to-date (also referred to as inception-to-date))
a, Program identification number as provided by the Program Administrator
b. Program name
c. Total wmulaflve program authorized budget as adopted by the Comrrission
d. Total cumulative program operating budget which includes any midcourse budget modifications
(e.g., fund shifts)
e. Total cumulative program expenditures
f. Total program expenditures for the report month
g. Total cumulative commitments (limited to incentive commitments)
Program Impacts (cost reported cumulative-to-date (also referred to as inception-to-date))
a. Total cumulative net kW, kWh, and Therm savings projections
b. Total cumulative achieved net k W, kWh and Therm savings
c. Total achieved net kW, kWh and Therm savings for the report month
d. Total committed (limited to incentive conmtitments) net kW, kWh and Therm savings
2.2 Program Changes/New Program Information
If applicable, the following information should be reported in the Monthly report:
a. Identification of program with operating budgets reduced during the report month
b. Identification of program with operating budgets increased during the report month
c. Identification of program terminated during the report month
3. Quarterly Report
3.1 Portfolio Benefit/Cost Metrics (Cumulative to Date
a. Total cost to billpayers (TRC, administrative cost and incremental cost per the Standazd Practice
Manual)
b. Total savings to billpayers (TRC)
c. Net benefits to billpayers (TRC)
d. TRC Ratio
e. PAC Ratio
£ Cost per kWh saved (cents/kWh) (PAC)
g. Cost per ffierm savings ($/therm) (PAC)
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAM AGREEMENT
4-90
3.2 Measure List -A spreadsheet table for each program or program element containing each measure
installed, service rendered, or measure/service committed during the report month for which the
Program Implememer intends to claim savings. The Program Implementer should include any new
measures as part of the quarterly report. The list should display each measure as it is tracked and
recorded by the implementer and should include the following parameters at aminimum:
a. Name of Measure or Service Rendered
b. Measure or Service Description
c. DEER Measure ID (where applicable)
d. DEER Run ID (where applicable)
e. Unit Defmition
£ Unit gross kWh savings
g. Unit gross Therms savings
h. Unit gross kW demand reduction
i. Incremental Measure Cost
j. Net to Gross Ratio
k. Effective Useful Life
1. Detailed end use classification (using classification scheme in section 6)
m. Quantity Installed during report period
n. Quantity Committed during report period
o. Rebate amount paid
p. Market Sector classification (using classification scheme in section ~
q. Mazket Segment classification (using classificafion scheme in section ~
3.3 Expenditures for the program per cost reporting format below (Appendix to Attachment contains fist
of allowable costs)
a. Commission Authorized Budget
b. Operating Budget
c. Total Expenditures
i. Administrative Cost
ii. MarketinglAdvertising/Outreach Costs
iii. Directlmplemantation
3.4 GBI Report-Progress towards achieving goals of the Green Building Initiative, if applicable
(Cumulative results)
a. Estimate of expenditures on program activities that contribute towards GBI goals (including both
public and non-public commercial participants)
b. Net cumulative achieved kW, kWh and Therm savings contributing towards GBI goals.
a Net achieved kW, kWh and Therm savings contributing towazds GBI goals for the quarter.
d. A description ofnon-resource program activities that support the Green Building Initiaflve,
including marketing and outreach activities.
e. Estimate of square footage affected by program activitis supporting the Green Building Initiative
£ Items b, c and a above disaggregated by:
i. 2-digit NAICS code
ii. Aggregated end use classification (using classification scheme m section 5)
3.5 Program Narratives - Fot the program, a description of the program activities occurring during the
quarter.
a. Administrative activities
b. Mazketing activities
c. Direct Implementation activities
d. Chula Vista's assessment of program performance and program status (is the program on target,
exceeding expectations, or falling short of expectations, etc.)
27
2010-2012 CITY OF CHULA VI5TA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-91
e. For non-resource programs and program elements (programs or program elements that are not
claiming direct energy impacts), a discussion of the status of program achievements.
E Discussion of changes in program emphasis (new program elemens, less or more emphasis on a
particular delivery strategy, program elements discontinued, measure discontinued, etc.)
g. Discussion of near term plans for program over the coming months (e.g, marketing and outreach
efforts that aze expected to significantly increase program participation, etc.)
h. Changes to staffing and staff responsibilities, if any
i. Changes to contacts, if any
j. Changes to subcontractors and subcontractor responsibilities, if any
k. Number of customer complaints received
1. Program Theory and Logic Model if not already provided in the program's implementation plan,
or if revisions have been made.
3.6 Utility Quarterly Reports - SDG&E shall provide Chula Vista a copy of the filed Quarterly Report
within two (2) Business Days after filing with theCommission in accordance with the provisions of the
Agreement.
4. Annual Reports
The format and content of the annual report is expected to be developed by the CPUC in fall. (to be verified) The
Program Implementer will be requved to fulfill these reporting obligations for their program.
5. Reporting Terminology Definitions
Adopted Program Budget- The program budget as it is adopted by the Commission. Inclusive of costs (+f)
recovered from other sources.
Operating Program Budget-The program budget as it is defined by the program administrators for internal
program budgeting and management purposes. Inclusive of casts (+<) recovered from other sources.
Direct Implementation Expenditures- Costs associated with acflvifies that are a dtrect interface with the customer
or progam participant or recipient (e.g., contractor receiving training). (Note: This is still an open issue, the items
included in this definition may be changed by the CPUC per:ding discussion on the application of [he State's
Standard Practice Manual.)
Invoice Month- Invoicing months shall be defined as the calendar month represented in largest part in the Unified
Chula Vista's official accounting period schedule (Exhibit F). Data is available t5 days following the end dateof the
accounting period. Invoices shall be prepared within t0 working days of the availability of Auditor expense reports.
Report Month -The month for which a particular monthly report is providing data and information. For example,
the report month for a report covering the month of July 2010, but prepared and delivered later than July 2010,
would be July 2010.
Program Strategy -The method deployed by a program in order to obtain program participation.
Program Element- A subsection of a program, or body of program activities within which a single program
strategy is employed. (Example: A body of program activities employing both an upstream rebate approach and a
direct install approach is not a single program element.)
6. Measure Classification
Measure End-Use Classification
Each energy efficiency measure reported should be classified into one of the following enduse categories
28
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCYAND CONSERVATION
PARTNERSHIP AGREEMENT
4-92
Residential End Uses
Detailed End Use Aggregated End Use
Clothes Dryer Appliances
Clothes Washer Appliances
Consumer Electronics Consumer Electronics
Cooking Cooking Appliances
Dishwasher Appliances
Other Appliance Appliances
Building Shell HVAC
Space Cooling HVAC
Space Heating HVAC
Interior Lighting Lighting
Exterior Lighting Lighting
Pool Pump Pool Pump
Freezers Refrigeration
Refrigeration Refrigeration
Water Heating Water Heating
Other (User Entered Text String Description) Other
Nonresidential End Uses
Detailed End Use Aggregated End Use
Building Shell HVAC
Space Cooling HVAC
Space Heating HVAC
Ventilation HVAC
Day lighting Lighting
Interior Lighting Lighting
Exterior Lighting Lighting
Office Equipment Office
Compressed Air Process
Cooking Process
Food Processing Process
Motors Process
Process Cooling Process
Process Heat Process
Process Steam Process
Pumps Process
Refrigeration Refrigeration
Other (User Entered Text String Description) Other
Measure Market Sector/Market Segment Classification
Where reports require market sector or market segment classification, the folowing classification scheme should be
used.
Markef Secfor Market Segmenf
Residential NA
Single Family NA
Multi Family NA
Mobile Homes NA
29
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-93
Nonresidential
Commercial
Industrial
Agricultural
Unknown
7. Allowable Costs
NAICS CODE (greater than 2 digit not required)
NAICS CODE (greater than 2 digit not required)
NAICS CODE (greater than 2 digit nat required)
NAICS CODE (greater than 2 digit not required)
NA
Allowable Costs Table
The cost items listed on the Allowable Costs sheet aze the ottky costs that can be c]aimed for ratepayer-funded energy
efficiency work. The costs reported should be only for costs actuatly expended. Any financial commitments are to be
categorized as cornmitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no
cost is to be reported for that item. These Allowable Cost elements aze to be used whenever costs aze invoiced or
reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program
administrator should be contacted is order for the administrator to seek a royal from the CPUC.
Cost Cate ories Allowable Costs
Administrative Cost Category
Mana erlal and Clerical Labor
IOU Labor -Clerical
i IOU Labor -Pro ram Desi n
IOU Labor -Pro ram Develo ment
IOU Labor - Pr ram Plannin
IOU Labor - Pr raMPro'ect Mana ement
IOU Labor -Staff Mana ement
IOU Labor -Staff Supervision
Subcontractor Labor- Clerical
Subcontractor Labor- Pro ram Desi n
Subcontractor Labor -Pro ram Development
Subcontractor Labor -Pro rem Plannin
Subtontractor Labor -Pro ram/Pro'ect Mana ement
Subcontractor Labor -Staff Mana ement
Subcontractor Labor -Staff Su rvision
Human Resource Su rt and Develo ment
IOU Labor-Human Resources
IOU Labor -Staff Development and Trainin
IOU Benefits -Administrative Labor
IOU Benefits -Direct Im lementation Labor
IOU Benefits - Marketin /Advertisin !Outreach Labor
IOU Pa roll Tax -Administrative Labor
IOU Pa roll Tax-Administrative Labor
IOU Pa roll Tax-Administrative Labor
IOU Pension-Administrative Labor
IOU Pension -Direct Im lementation Labor
IOU Pension - Markefin /Advertisin /Outreach Labor
Subcontractor Labor- Human Resources
Subcontractor Labor -Staff Develo ment and Trainin
Subcontractor Benefits -Administrative Labor
Subcontractor Benefits -Direct Im lementation Labor
Subcontractor Benefits - Marketin /Advertisin /Outreach Labor
Subcontractor Pa roll Tax-Administrative Labor
Subcontractor Payroll Tax -Direct Implementation Labor
30
2010-2012 CITY OF CHUI,A VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-94
Avowable Costs Table
The cost items listed on the Allowable Costs sheet aze the only costs that can be claimed for ratepayer-fimded energy
efficiency work. The costs reported should be only for costs actually expended. Any financial commitments aze to be
categorized as commitments. If the rq~otting entity does not have a cost as listed on the cost reporting sheet, then no
cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or
reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program
administrator should be contacted in order for the administrator to seek a royal from the CPUC.
Cost Cate ories Allowable Costs
Subcontractor Pa roll Tax- Marketing/Advertisin !Outreach Labor
Subcontractor Pension -Administrative Labor
Subcontractor Pension -Direct Im lementation Labor
Subcontractor Pension - Marketin Advertisin /Outreach Labor
Travel and Conference Fees
IOU Conference Fees
IOU Labor -Conference Attendance
IOU Travel -Airfare
IOU Travel -Lod in
IOU Trevel -Meals
IOU Travel - Milea e
IOU Travel -Parkin
IOU Travel -Per Diem for Misc. Ex enses
Subcontractor -Conference Fees
Subcontractor Labor -Conference Attendance
Subcontractor -Travel - Airaare
Subcontractor -Travel -Lod in
Subcontractor -Travel -Meals
Subcontractor -Travel - Milea e
Subcontractor- Travel -Parkin
Subcontractor -Travel -Per Diem for Misc. Ex enses
Overhead General and Administrative -Labor and Materials
IOU E ui ment Communications
IOU E ui ment Computin
IOU E ui ment Document Re roduction
IOU E ui ment General Office
IOU E uipment Trans ortafion
IOU Food Service
IOU Office Su lies-
IOU Posta e
IOU Labor-ACCOUntin Su port
IOU Labor -Accounts Pa able
IOU Labor-Accounts Receivable
IOU Labor-Administrative
IOU Labor -Facilities Maintenance
IOU Labor -Materials Management
IOU Labor -Procurement
IOU Labor - Sho Services
IOU Labor -Trans ortation Services
[OU Labor - Automated S stems
IOU Labor -Communications
IOU Labor- Information Technolo y
IOU Labor -Telecommunications
31
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-95
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-funded energy
efficiency work. The costs reported should be only for costs actually expended. Any fmancial commitments are to be
categorized as commitments. If the reporting entity does not have a cost as lister on the cost reporting sheet, then no
cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs aze invoiced or
reported to the program admhstrator. If there is a desire to include additional Allowable Cost elements, the program
administrator should be contacted in order for the administrator to seek a royal from the CPUC.
Cost Cate ones Allowable Costs
Subcontractor E ui ment Communications
Subcontractor E ui ment Com utin
Subcontractor E ui ment Document Re roduction
Subcontractor E ui ment General Office
Subcontractor E ui ment Trans ortation
Subcontractor Food Service
Subcontractor Office Su lies
Subcontractor Posta e
Subcontractor Labor - Accountin Su ort
Subcontractor Labor -Accounts Pa able
Subcontractor Labor- Accounts Receivable
Subcontractor Labor -Facilities Maintenance
Subcontractor Labor -Materials Mana ement
Subcontractor Labor -Procurement
Subcontractor Labor - Sho Services
Subcontractor Labor -Administrative
Subcontractor Labor- Transportation Services
Subcontractor Labor - Automated S stems
Subcontractor Labor -Communications
Subcontractor Labor -Information Technofo
Subcontractor Labor -Telecommunications
Marketin /Advertisin /Outreach Cost Cate o
IOU -Advertisements /Media Promotions
IOU -Bill Inserts
IOU -Brochures
IOU -Door Han ers
IOU -Print Advertisements
IOU -Radio Spots
IOU - Television S ots
IOU -Website Develo ment
IOU Labor -Marketin
IOU Labor -Media Production
' IOU Labor -Business Outreach
IOU Labor -Customer Outreach
IOU Labor- Customer Relations
Subcontractor -Bill Inserts
Subcontractor -Brochures
Subcontractor -Door Han ers
Subcontractor -Print Advertisements
Subcontractor -Radio Spots
Subcontractor - Television S ots
Subcontractor -Website Develo ment
Subcontractor Labor -Marketin
32
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-96
Allowable Costs Table
The cost items listed on the Allowable Costs sheet aze the only costs that can be claimed for ratepayer-funded energy
efficiency work. The costs reported should be only for costs actually expended, Any fmancial commitments are to be
categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no
cost is m be reported for that item. These Allowable Cost elements are to be used whenever costs aze invoiced or
reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program
administrator should be contacted in order for the administrator to seek royal from the CPUC.
Cost Cate ones Allowable Costs
Subcontractor Labor -Media Production
Subcontractor Labor- Business Outreach
Subcontractor Labor -Customer Outreach
Subcontractor Labor- Customer Relations
Direct Im lementation Cost Cate o
Financial Incentives to Customers
Activi -Direct Labor
IOU Labor - Curciculum Development
IOU Labor -Customer Education and Trainin
IOU Labor -Customer Equipment Testin and Dia nostics
IOU Labor -Facilities Audits
Subcontractor Labor -Facilities Audits
Subcontractor Labor -Curriculum Develo ment
Subconfractor Labor -Customer Education and Trainin
Subcontractor Labor - Customer E ui ment Testin and Dia nostics '
Installation and Service -Labor
IOU Labor- Customer E ui ment Re air and Servicin
IOU Labor- Measure Installation
Subcontractor Labor - Customer E ui ment Re air and Servicin
Subcontractor Labor -Customer Equi ment Re air and Servicing
Direct Im lementation Hardware and Materials
IOU AuditA lications and Forms
IOU Direct Im lementation Literature
IOU Education Materials
IOU Ener Measurement Tools
IOU Installation Hardware
Subcontractor -Direct Im lementation Literature
Subcontractor -Education Materials
Subcontractor -Ener Measurement Tools
Subcontractor -Installation Hardware
Subcontractor -Audit A lications and Forms
Rebate Processin and Ins action -Labor and Materials
IOU Labor -Field Verification
IOU Labor -Site Ins actions
IOU Labor -Rebate Processin
IOU Rebate Ap lications
Subcontractor Labor -Field Verification
Subcontractor Labor -Rebate Processin
Subcontractor -Rebate Ap lications
33
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
4-97