HomeMy WebLinkAbout2014-05-27 Agenda Packet I declare under panalty of perjury that I am
amployed by the City of Chula Vista in the
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Cheryl Cox, Mayor
Patricia Aguilar, Councilmember James D. Sandoval, City Manager
Pamela Bensoussan, Councilmember Glen R. Googins, CityAttorney
Rudy Ramirez, Councilmember ponna R. Norris, City Clerk
Mary Salas, Councilmember
Tuesday, May 27, 2014 2:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
SPECIAL MEETINGS OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY MEETING
JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA
Notice is hereby given that the Mayor ol the City of Chula Vsta has called and will convene Special Meetings of
the Successor Agency to the Redevelopment Agency and the Housing Authonry meeting jointly with the City
Council on Tuesday, May 27, 2014, at 2:00 p.m. in the Council Chambers, located at 276 Fou�th Avenue, Building
A, Chula Vsta, Califomia to consider the item on this agenda.
CALL TO ORDER
ROLL CALL:
Councilmembers Aguilar, Bensoussan, Ramirez, Sa/as and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
CONSENT CALENDAR (Items 1 - 8)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public,
or staff requests that an item be removed for discussion. If you wish to speak
on one of these items, please fill out a "Request to Speal�' form (available in
the lobby) and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed immediately following the
Consent Calendar.
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City Council Agenda May 27,2014
1. 14-0330 APPROVAL OF MINUTES of April 15, and May 1, 2014.
Staff Recommendation: Council approve the minutes.
2. 14-0246 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE COMPENSATION SCHEDULE AND
CLASSIFICATION PLAN TO REFLECT THE ADDITION OF A FISCAL
AGENT SENIOR SECRETARY(4/5 VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADDING ONE FISCAL AGENT SENIOR SECRETARY TO THE
AUTHORIZED STAFFING LEVEL OF THE POLICE GRANT FUND (4/5
VOTE REQUIRED)
C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE
ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD A FISCAL
AGENT SENIOR SECRETARY (FIRST READING) (4/5 VOTE
REQUIRED)
Department. Police Department
Staff Recommendation: Council adopt the resolutions and place the ordinance on first
reading.
3. 14-0106 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A $900,000 DESIGN BUILD AGREEMENT
BETWEEN THE CITY AND SYSTEMS INTEGRATED INC. FOR THE
UPGRADE AND REPLACEMENT OF THE SUPERVISORY CONTROL
AND DATA ACQUISITION (SCADA) SYSTEM TO MONITOR PUMPS
AT VARIOUS CITY FACILITIES (SW218 - REPLACE
ALARM-WASTEWATER AND SW273 - SCADA SYSTEM PHASE II)
AND AUTHORIZING THE APPROPRIATION OF $50,000 OF LOCAL
GOVERNMENT PARTNERSHIP FUNDS TO CAPITAL IMPROVEMENT
PROJECT SW273 TO IMPLEMENT A PILOT BUILDING ENERGY
MANAGEMENTAND MONITORING SYSTEM (4/5 VOTE REQUIRED)
Department: Public Works Department
Staff Recommendation: Council adopt the resolution.
4. 14-0251 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROPRIATING A $100,000 SMART GROWTH INCENTIVE
PROGRAM PLANNING GRANT TO THE TRANSNET FUND FOR
DEVELOPMENT OF THE HEALTHY CHULA VISTA INITIATIVE (4/5
VOTE REQUIRED)
Department: Public Works Department
Staff Recommendation: Council adopt the resolution.
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City Council Agenda May 27,2014
5. 14-0258 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
1) APPROVING AN APPLICATION TO THE PORT OF SAN DIEGO FOR
$75,000 IN FUNDING FOR HARBORFEST 2014 AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO A GRANT AGREEMENT; 2) WAIVING
THE CITY OF CHULA VISTA COMPETITIVE FORMAL BID
REQUIREMENT AND APPROVING AN AGREEMENT WITH MCFARLANE
PROMOTIONS, INC. TO COORDINATE HARBORFEST 2014; AND 3)
APPROVING AN APPROPRIATION FROM THE GENERAL FUND OF
$7,500 FOR INITIAL PAYMENT TO MCFARLANE PROMOTIONS (4/5
VOTE REQUIRED)
Department: City Manager
Staff Recommendation: Council adopt the resolution
6. 14-0262 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, ACCEPTING BID, AWARDING THE CONTRACT FOR THE
"BROADWAY DRAINAGE IMPROVEMENT PROJECT BETWEEN
MAIN STREET AND SOUTH CITY LIMITS IN THE CITY OF CHULA
VISTA, CALIFORNIA (CIP# STM367)" TO JUST CONSTRUCTION IN
THE AMOUNT OF $888,000 WAIVING CITY COUNCIL POLICY NO.
574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED$133,200
Department: Public Works Department
Staff Recommendation: Council adopt the resolution.
7. 14-0281 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A DONATION IN THE AMOUNT OF $4,110 FROM
THE FRIENDS OF CHULA VISTA PARKS & RECREATION FOR
COSTS ASSOCIATED WITH CRITICAL HOURS PROGRAMMING AND
EQUIPMENT AND PROGRAM NEEDS AT CITYWIDE RECREATION
FACILITIES AND AMENDING THE FY2013-2014 RECREATION
BUDGET TO REFLECT THE APPROPRIATION OF THESE DONATED
FUNDS (4/5 VOTE REQUIRED)
Department: Recreation Department
Staff Recommendation: Council adopt the resolution.
8. 14-0283 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE PURCHASE OF THREE USED VEHICLES FROM
SOUTH BAY VOLKSWAGEN FOR THE CHULA VISTA PUBLIC LIBRARY
AND FOR THE CHULA VISTA RECREATION DEPARTMENT, AND
APPROPRIATING FUNDS ACCORDINGLY (4/5 VOTE REQUIRED)
Department: Library Department
Staff Recommendation: Council adopt the resolution.
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City Council Agenda May 27,2014
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on
the agenda. State law generally prohibits the Council from discussing or
taking action on any issue not included on the agenda, but, if appropriate, the
Council may schedule the topic for future discussion or refer the matter to
staff. Comments are limited to three minutes.
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually
by the Council and are expected to elicit discussion and deliberation. If you
wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
9. 14-0295 CONSIDERATION OF ADDING CHAPTER 8.27 TO THE CHULA VISTA
MUNICIPAL CODE TO REQUIRE TRAINING IN RESPONSIBLE
ALCOHOLIC BEVERAGE SERVICE FOR ON-SALE LICENSEES AND
EMPLOYEES
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 8, HEALTH AND SANITATION, BY ADDING CHAPTER
8.27, TRAINING IN RESPONSIBLE ALCOHOLIC BEVERAGE
SERVICE REQUIRED FOR ON-SALE LICENSEES AND
EMPLOYEES, TO THE CHULA VISTA MUNICIPAL CODE
(FIRST READING)
Department: Police Department
Staff Recommendation: Council place ordinance on first reading.
Time Certain 4:00 p.m.
10. 14-0269 PRESENTATION OF THE CITY MANAGER'S PROPOSED BUDGET
FOR FISCAL YEAR 2014-15
ORGANIZED PRESENTATIONS BY BARGAINING UNITS:
• Police Officers Association (POA)
• International Association of Fire Fighters (IAFF)
• Service Employees International Union (SEIU)/ Chula Vista Mid
Managers/Professional Association (MM/PROF)
• Western Council of Engineers (WCE)
• Service Employees International Union (SEIU)/ Chula Vista
Employees Association (CVEA)
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City Council Agenda May 27,2014
Department: Finance Department
Staff Recommendation: Council/Agency/Authority hear the presentation, provide
comments, and proposed changes. If Council is prepared to
approve the budget, with or without modifications, as the City
Council Proposed Budget, the City Council/Successor
Agency/Housing Authority may adopt a resolution in accordance
with the heading set forth below:
RESOLUTION OF THE CITY COUNCIL/SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY/AND
HOUSING AUTHORITY OF THE CITY OF CHULA VISTA
ACCEPTING THE OPERATING AND CAPITAL
IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA
FOR FISCAL YEAR 2014-15 AS THEIR PROPOSED
BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND
PLACE FOR A PUBLIC HEARING ON THE BUDGET AND
THEIR FINAL CONSIDERATION AND BUDGETADOPTION
CITY MANAGER'S REPORTS
MAYOR'S REPORTS
11. 14-0327 RATIFICATION OF APPOINTMENT OF ROCHELLE CARROLL TO THE
COMMISSION ON AGING AND ROBERT ROSS TO THE CHARTER
REVIEW COMMISSION
COUNCILMEMBERS' COMMENTS
12. 14-0314 DEPUTY MAYORAGUILAR:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA SUPPORTING STATE ASSEMBLY BILL 2104 (GONZALEZ) IN
ORDER TO ENHANCE HOMEOWNERS' RIGHTS TO ALTER THEIR
LANDSCAPING FOR BETTER WATER CONSERVATION
Staff Recommendation: Council adopt the resolution.
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available
by noon on Wednesday following the Council Meeting at the City Attorney's
office in accordance with the Ralph M. Brown Act (Government Code
54957.7).
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City Council Agenda May 27,2014
13. 14-0329 PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957(b)
Title: City Manager
ADJOURNMENT
to the Regular City Council Meeting on June 3, 2014, at 2:00 p.m., in the
Council Chambers.
Materials provided to the City Council related to any open-session item on this agenda are available
for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during
normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619)
691-504 1(California Relay Service is available for the hearing impaired by dialing 711) at least
forty-eight hours in advance of the meeting.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
published online.
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City of Chula Vista OF
CHU�LAVISTA Staff Report
File#: 14-0330, Item#: 1.
APPROVAL OF MINUTES of April 15, and May 1, 2014.
RECOMMENDED ACTION
Council approve the minutes.
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City of Chula Vista
Meeting Minutes - Draft
Tuesday,April 15,2014 2:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:01 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez,
Councilmember Salas and Mayor Cox
Deputy Mayor Aguilar arrived at 2:02 pm. and Councilmember Sa/as arrived at 2:03 p.m.
Also Present: City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Assistant City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Family Protection Unit Secretary Koeppel led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A. 14-0223 PRESENTATION BY POLICE CHIEF BEJARANO, OF EMPLOYEE OF
THE MONTH KATHY KOEPPEL, FAMILY PROTECTION UNIT
SECRETARY
Chief Bejarano introduced employee of the month, Secretary Koeppel. Mayor Cox read the proclamation
and Deputy Mayor Aguilar presented it to Ms. Koeppel.
B. 14-0159 PRESENTATION BY THE RESOURCE CONSERVATION
COMMISSION OF THE 2014 CLEAN CHAMPION AWARD WINNERS:
MAAC PROJECT, HARRY ORGOVAN, GRACIA Y PAZ CHURCH,
JULIAN ESTRADAAND JOSE DORADO
Resource Conservation Commission Chair Coleman, and Commissioners Kappes and Valen presented
Clean Champion Awards to Sandra Cordova, representing the MAAC Project; Harry Orgovan,
representing Chula Vista Kayak; Pastor Jorge Garcia, representing Gracia y Paz Church; Julian Estrada;
and Project Coordinator Dorado.
C. 14-0214 PRESENTATION OF A PROCLAMATION TO CHULA VISTA GARDEN
CLUB PRESIDENT SANDY DUNCAN PROCLAIMING FRIDAY, APRIL
25, 2014 AS ARBOR DAY IN THE CITY OF CHULA VISTA
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Sandy Duncan, representing the Chula Vista Garden Club, spoke regarding the Garden Club and Arbor
Day. Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Ms. Duncan.
D. 14-0218 RECOGNITION BY LANDSCAPE PLANNER PATRICIA FERMAN OF
THE SAN DIEGO AMERICAN PLANNING ASSOCIATION'S 2014
URBAN DESIGN AWARD FOR THIRD AVENUE STREETSCAPE
PHASE
Landscape Planner Ferman presented information on the Urban Design Award provided by the San
Diego American Planning Association for the Third Avenue Streetscape plan and provided before and
after photos of the improvements to Third Avenue.
Suchitra Mukherjee, representing SANDAG, and Luanne Hulsizer, representing the Third Avenue Village
Association, congratulated the City and staff on the award.
E. 14-0222 PRESENTATION OF A PROCLAMATION TO CITY ATTORNEY GLEN
GOOGINS PROCLAIMING THURSDAY, MAY 1, 2014 AS LAW DAY IN
THE CITY OF CHULA VISTA
Mayor Cox read the proclamation and Councilmember Sa/as presented it to City Attorney Googins. City
Attorney Googins provided information about Law Day and encouraged residents to register and vote in
the upcoming election.
F. 14-0229 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE
DISPATCHER DAVID WILSON PROCLAIMING APRIL 13 THROUGH
APRIL 19, 2014 AS NATIONAL PUBLIC SAFETY
TELECOMMUNICATORS WEEK
Chief Bejarano introduced Police Dispatcher Wilson. Mayor Cox read the proclamation and
Councilmember Ramirez presented it to Dispatcher Wilson.
CONSENT CALENDAR (Items 1 - 6)
Item 5 was removed from the Consent Calendar at the request of Councilmember Ramirez.
1. 14-0216 APPROVAL OF MINUTES OF January 28, and February 11, 2014.
Recommended Action: Council approve the minutes.
2. 14-0217 WRITTEN COMMUNICATIONS
Letter of Resignation from Zaneta Encarnacion, Growth Management
Oversight Commission.
Recommended Action: Council accept the resignation.
3. 14-0128 HOUSING ELEMENT 2013 ANNUAL PROGRESS REPORT
Recommended Action: Council accept the report.
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4. 14-0201 RESOLUTION NO. 2014-060 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID
REQUIREMENT AND AUTHORIZING THE POLICE AND FIRE
DEPARTMENTS TO PURCHASE UNIFORMS FROM ACE UNIFORMS
Recommended Action: Council adopt the resolution.
Item 5 was removed from the Consent Calendar.
6. 14-0220 RESOLUTION NO. 2014-062 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE THOMAS LAW
GROUP FOR ATTORNEY SERVICES RELATED TO THE
PREPARATION OF LAND USE IMPLEMENTATION AND
ENVIRONMENTAL DOCUMENTS FOR THE UNIVERSITY PARK AND
INNOVATION DISTRICT
Recommended Action: Council adopt the resolution.
Approval of the Consent Calendar
ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to
approve staff's recommendations on the above Consent Calendar items,
headings read,text waived. The motion carried by the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. 14-0204 RESOLUTION NO. 2014-061 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN AGREEMENT WITH THE COUNTY
OF SAN DIEGO TO LEASE A PORTION OF CITY OWNED LAND
LOCATED AT ROHR PARK FOR THE CONSTRUCTION AND
OPERATION OF A PARKING LOT TO SUPPORT OPERATIONS OF
THE COUNTY OWNED PROVENCE HOUSE AS A REGIONAL EVENT
CENTER AND APPROPRIATING $30,000 TO THE NON
DEPARTMENTAL BUDGET TO IMPROVE THE CITY'S RANGER
STATION IN ROHR PARK(4/5 VOTE REQUIRED)
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The following members of the public spoke in support of staffs recommendation:
-Supervisor Greg Cox, representing the County of San Diego
-Don Hamilton, representing the Bonita Optimists Club
-Diane Carter, representing the Bonita Valley Horsemen
-Sherry Pennington, Chula Vista resident
-Darryl Hum, Chula Vista resident
-Duane Junker, representing the Bonita Optimists Club
-Mark Cucachek, Bonita resident
-Matt Bowen, representing the County of San Diego
ACTION: A motion was made by Councilmember Ramirez, seconded by Deputy Mayor
Aguilar, to adopt Resolution No. 2014-061, heading read, text waived. The motion
carried by the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
PUBLIC COMMENTS
Danny Propp, Chula Vista resident, representing Greatest Save, and provided information to the Council
regarding the organization, which is focused on the prevention of abduction of children.
David Danciu, Chula Vista resident, representing Crossroads 11, spoke regarding the organization and its
mission.
Item 7 was discussed following Item 8.
ACTION ITEMS
8. 14-0164 PRESENTATION OF SURVEY RESULTS FROM CITY OF CHULA
VISTAAWARENESS AND PERCEPTIONS STUDY
Item 8 was taken out of order.
City Manager Sandoval, Marketing and Communications Manager Steinberger, and Shannon Knock,
consultant, representing Luth Research, presented the results of the Chula Vista Awareness &
Perceptions Study.
In response to questions from Councilmember Salas, Marketing and Communications Manager
Steinberger provided information regarding input received from individuals in south San Diego.
In response to questions from Councilmember Salas, Director of Economic Development Meacham
stated that staff anticipated presenting information to the Council in fall 2014 regarding the perceptions
of businesses.
Councilmember Salas spoke in support of allowing quality nighttime events to attract individuals to the
city.
Councilmember Bensoussan spoke in support of further promotion of the existing Chula Vista bayfront,
in addition to the future development planned for the bayfront. She also spoke regarding promoting the
Bayshore Bikeway and other outdoor assets in the city.
Councilmember Ramirez spoke in support of collaborating with Mexico on messaging and also in
support of promoting Chula Vista's outdoor opportunities.
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Deputy Mayor Aguilar spoke in support of immediately addressing the negative perception of the safety
of the City.
Mayor Cox encouraged staff to continue gathering information to better inform work in addressing
perceptions of the City.
Mayor Cox recessed the meeting at 4:19 p.m. The Council reconvened at 4:32 p.m., with all members
present.
PUBLIC HEARINGS (TIME CERTAIN - 4:00 PM)
7. 14-0118 CONSIDERATION OF 1) A PRECISE PLAN (PCM-13-22) TO ALLOW A
MAXIMUM HEIGHT OF 120 FEET (45 FEET MAXIMUM CURRENTLY
ALLOWED) TO ACCOMMODATE A PROPOSED PARKING
STRUCTURE AT THE SHARP CHULA VISTA MEDICAL CENTER
CAMPUS; AND 2) A DESIGN REVIEW PERMIT (DRC13-31) TO
CONSTRUCT THE PARKING STRUCTURE (This item has been
continued from the April 8, 2014 meeting.)
A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A
PRECISE PLAN (PCM-13-22) TO ALLOW A HEIGHT OF 120 FEET (45
MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A
PROPOSED PARKING STRUCTURE TO BE LOCATED WITHIN THE
SHARP CHULA VISTA MEDICAL CENTER CAMPUS LOCATED AT
751 MEDICAL CENTER COURT(FIRST READING)
B. RESOLUTION NO. 2014-063 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT
(DRC13-31) FOR A PROPOSED PARKING STRUCTURE ON A SITE
LOCATED AT 751 MEDICAL CENTER COURT
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Item 7 was noticed as time certain for 4:00 p.m. Discussion of the item began at 4:32 p.m.
Associate Planner Steichen presented information on the proposed parking structure. He provided
information on the CEQA exemption that applied to the project.
Mayor Cox opened the public hearing.
Sylvia McKinney, Chula Vista resident, expressed concern regarding the impact of construction on her
household and requested additional information regarding the timeline and components of the proposed
construction.
The following members of the public spoke in support of staffs recommendation:
-Lisa Cohen, representing the Chula Vista Chamber of Commerce
-Dr. Ben Hourani, Chula Vista resident, representing Sharp Chula Vista Medical Center
Peter Watry, Chula Vista resident, representing Crossroads II, requested information regarding the
shadow study performed for the project and requested project alternatives.
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The following members of the public expressed concern regarding possible impacts to the nearby
residents and requested additional studies, including an environmental review, be done on the project:
-David Lipps, Chula Vista resident, representing the Bella Sol Homeowners Association
-Bill Miller, Chula Vista resident
Bill Fischbeck, La Mesa Resident, representing the Bella Sol Homeowners Association, expressed
concern regarding the CEQA exception cited and spoke in support of performing additional
environmental studies.
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
Pat Nemeth, representing Sharp Chula Vista Medical Center, project applicant, provided additional
information regarding the proposed project, studies performed in the development of the project, and
discussed the anticipated improvements as a result of the project.
Associate Planner Steichen and Principal Planner Power responded to questions and comments.
In response to questions from Councilmember Salas, Ms. Nemeth, representing Sharp Chula Vista
Medical Center, project applicant, provided additional information regarding questions raised by Ms.
McKinney.
Councilmember Salas requested that the Sharp Chula Vista Medical Center engage in ongoing
communication with nearby residents.
Chris Veum, Architect and President of AVRP Studios, representing Sharp Chula Vista Medical Center,
spoke regarding the shadow study performed on the project.
Ms. Nemeth and Ed Anderson, representing Sharp Chula Vista Medical Center, spoke regarding
permanent lighting for the proposed project and the temporary lighting used in a similar project. Ms.
Nemeth also spoke regarding parking planned for the project.
Mr. Fischbeck submitted written documentation regarding the CEQA exemption.
Pablo Valez, CEO, Sharp Chula Vista Medical Center, responded to questions from Deputy Mayor
Aguilar regarding parking.
Greg Konar, Principal Planner at Atkins North America, representing Sharp Chula Vista Medical Center,
responded to questions from Deputy Mayor Aguilar regarding a concern expressed to her by resident
Steve Ray regarding the potential obstruction of views from his property.
ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember
Bensoussan, to place the above ordinance on first reading and adopt Resolution
No. 2014-063, headings read, text waived. The motion carried by the following
vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
CITY MANAGER'S REPORTS
There was none.
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MAYOR'S REPORTS
There was none.
COUNCILMEMBERS' COMMENTS
Deputy Mayor Aguilar announced her upcoming open office hours on the topic of district elections and
announced that the deadline to apply to serve on the Districting Commission was April 17, 2014.
At the request of Councilmember Salas, there was consensus of the Council to support a proposed
community dialogue on April 29, 2014 by Councilmembers Aguilar and Salas in coordination with local
water agencies on the topic of water conservation and available funds for drought-tolerant gardens.
Councilmember Ramirez expressed support for continued staff efforts focused on economic
development.
Councilmember Bensoussan announced the 14th annual Day of the Child event on April 19, 2014 and
the annual Immigration Forum and Health Fair May 3, 2014. She also stated that donations were being
collected for the future Eucalyptus dog park on the Animal Care Facility's website.
City Attorney Googins stated that the last day to register to vote in the June 2014 election was May 19,
2014.
Mayor Cox announced that the Council would convene in closed session to discuss the items listed
below.
Mayor Cox recessed the meeting at 6:33 p.m. The Council reconvened in Closed Session at 7:47 p.m.,
with all members present.
CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and
records of action taken during Closed Sessions are maintained by the City Attorney.
9. 14-0221 PUBLIC EMPLOYMENT APPOINTMENT
PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957(b)
Title: City Manager
ACTION: No reportable action.
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10. 14-0228 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(a)
Orange Citizens for Parks and Recreation, et al. v. Superior Court of
Orange County, Court of Appeal Fourth District, Case No. G047013
Consideration of joining Amicus briefing.
ACTION: City Council voted 4-1 (Aguilar opposed without further information) to authorize
City to sign onto an Amicus brief.
ADJOURNMENT
At 10:31 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on May 6, 2014, at
2:00 p.m., in the Council Chambers.
Kerry K. Bigelow, Assistant City Clerk
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City of Chula Vista
Meeting Minutes - Draft
Thursday, May 1,2014 6:00 PM Police Department-Community Room
315 4th Avenue
Chula Vista, CA 91910
SPECIAL JOINT MEETING OF THE CITY COUNCIL, GROWTH MANAGEMENT
OVERSIGHT COMMISSION, AND PLANNING COMMISSION OF
THE CITY OF CHULA VISTA
CALL TO ORDER
Special Meetings of the City Council and Growth Management Oversight Commission of the City of
Chula Vista were called to order at 6:04 p.m. in the Chula Vista Police Department Community Meeting
Room, 315 Fourth Avenue, Chula Vista, California.
The noticed meeting of the Planning Commission was not called to order due to lack of quorum.
ROLL CALL - CITY COUNCIL
Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez and
Mayor Cox
Absent: Councilmember Salas
Deputy Mayor Aguilar arrived at 6:10 p.m., Councilmember Ramirez left at 8:08 p.m., and
Councilmember Bensoussan left at 8:35 p.m.
ROLL CALL - GROWTH MANAGEMENT OVERSIGHT COMMISSION
Present: Commissioners Danciu, Harry, Mosolgo, Rosales, and Chair Torres
Absent: Commissioner Bunker
ROLL CALL - PLANNING COMMISSION
Present: Commissioners Calvo, Livag, and Nava
Absent: Commissioners Anaya, Fragomeno, Vinson, and Chair Moctezuma
The Planning Commission meeting was cancelled due to lack of quorum.
Also Present: Assistant City Manager Halbert, Deputy City Attorney Shirey, City Clerk Norris, and
Assistant City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Growth Management Oversight Commission Chair Torres led the Pledge of Allegiance.
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City Council Meeting Minutes -Draft May 1, 2014
WORKSHOP
1. 14-0211 REVIEW AND CONSIDERATION OF THE GROWTH MANAGEMENT
OVERSIGHT COMMISSION'S (GMOC) 2014 ANNUAL REPORT
A. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA ACCEPTING THE 2014 GMOC ANNUAL REPORT, AND
RECOMMENDING ACCEPTANCE BY THE CITY COUNCIL
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE 2014 GMOC ANNUAL REPORT, AND
DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS
NECESSARY TO IMPLEMENT REPORT RECOMMENDATIONS AS
PRESENTED IN THE STAFF RESPONSES AND PROPOSED
IMPLEMENTING ACTIONS SUMMARY
Growth Management Oversight Commission(GMOC) Chair Torres presented the GMOC report.
GMOC Chair Torres reported compliant threshold standards for the following areas and provided the
Commission's recommendations. Associate Planner Vander Bie provided staff responses to each item.
-Parks&Recreation.
-Drainage
- Schools. Tom Calhoun, Chief Facilities Executive at Sweetwater Union High School District, and
Anthony Millican provided information about school funding and enrollment.
-Sewer
-Air Quality
- Water. Mark Watton, General Manager at the Otay Water District, spoke regarding a cross-border
water treatment project. Ron Mosher, Director of Engineering at Sweetwater Authority provided
information on the Authority's water supply.
-Police--Priority I
GMOC Chair Torres reported non-compliant threshold standards for the following areas and provided the
Commission's recommendations. Associate Planner Vander Bie provided staff responses to each item.
-Library
-Police--Priority ll
- Traffic
-Fire/Emergency Medical Service
Discussion ensued regarding the threshold standards.
Councilmember Ramirez left at 8:08 p.m.
Mayor Cox stated that action would not be taken on Items 1A and 18, due to the lack of quorum for the
Planning Commission, and that the items would be considered at future meetings of the Planning
Commission and the City Council.
Councilmember Bensoussan left at 8:35 p.m. and the meeting was adjourned due to lack of quorum of
the Council.
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City Council Meeting Minutes -Draft May 1, 2014
ADJOURNMENT
At 8:35 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on May 6, 2014, at
2:00 p.m., in the Council Chambers.
Kerry K. Bigelow, Assistant City Clerk
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0246, Item#: 2.
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF A
FISCAL AGENT SENIOR SECRETARY (4/5 VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING ONE
FISCAL AGENT SENIOR SECRETARY TO THE AUTHORIZED STAFFING LEVEL OF THE
POLICE GRANT FUND (4/5 VOTE REQUIRED)
C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS
TO ADD A FISCAL AGENT SENIOR SECRETARY (FIRST READING) (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolutions and place the ordinance on first reading.
SUMMARY
The High Intensity Drug Trafficking Area (HIDTA) Director is requesting to add a Fiscal Agent (FA)
Senior Secretary to the Chula Vista compensation schedule and classification plan. This position is
fully reimbursed by grant funds, along with a 4% administrative fee for acting as the fiscal agent.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California Environmental Quality
Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section
15378 of the State CEQA Guidelines because it will not result in a physical change in the
environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is
not subject to CEQA. Thus, no environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Police Department acts as the fiscal agent for various law enforcement programs which are
funded through various State and Federal agencies. As the fiscal agent, the Police Department hires
and provides salary and benefits for these positions which are normally located in task force offices
throughout San Diego County. Although they aren't physically located in the City, they are are
considered City employees. These positions are designated as "FA" (Fiscal Agent) in the title
description in order to delineate these positions in the budget as well as ensure there is no confusion
between these unclassified positions, and their counterparts in the classified service.
One FA Senior Secretary is requested to be added to the authorized count of the Police Grant Fund
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File#: 14-0246, Item#: 2.
to support the High Intensity Drug Trafficking Area (HIDTA) program. The purpose of the HIDTA
program is to reduce drug trafficking and production in the United States by facilitating cooperation
among federal, state, local and tribal law enforcement agencies and enhancing law enforcement
intelligence sharing among these agencies. This new position is fully reimbursed by HIDTA grant
funds, along with a 4% administrative fee for acting as the fiscal agent.
The FA Senior Secretary will perform a wide variety of highly-responsible secretarial duties to support
the HIDTA Director. This position may exercise technical and functional supervision over clerical
personnel as assigned. Functions may include, but are not limited to, the following: set up and
maintain financial, statistical, and operational records; review departmental payroll submittals and
various time sheets; screen calls, visitors, and mail and take action appropriate to request/situation;
respond to letters and general correspondence; make travel arrangements, maintain appointment
schedules and calendars, arrange meetings and conferences, and schedule facilities reservations as
necessary.
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. Staff is not independently aware, nor has staff been informed
by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict
of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. This new position
supports the goal of Strong and Secure Neighborhoods by providing additional resources to meet
HIDTA goals and objectives, which ultimately impact the safety of the City of Chula Vista.
CURRENT YEAR FISCAL IMPACT
Approval of Resolution A will result in the amendment of the compensation schedule and
classification plan to add the classification of FA Senior Secretary. This new classification is an at-
will position and will be eliminated if grant funding ends. The FA Secretary will be assigned to the
Confidential (CONF) group. The E-Step bi-weekly salary for the FA Senior Secretary will be
$17942.94.
Approval of Resolution B will result in the addition of one FA Senior Secretary to the authorized
position count of the Police Grant Fund. The Department anticipates filling this position in late May.
These personnel costs are fully reimbursed by HIDTA grant funds, and the City receives a 4%
administrative fee for acting as the fiscal intermediary for this position. Due to personnel savings
from vacant HIDTA positions, no further appropriations are necessary in the current fiscal year.
Approval of the Ordinance will amend Chula Vista Municipal Code 2.05.010 to reflect the addition of
FA Senior Secretary.
ONGOING FISCAL IMPACT
The ongoing annual cost for this position is approximately $79,600. The personnel costs are fully
reimbursed by HIDTA grant funds, and the City receives a 4% administrative fee for acting as the
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fiscal intermediary for this position. Because of the 4% administrative fee, there will be a positive
impact of approximately $3,184 to the General Fund each fiscal year. If the HIDTA grant no longer
funds this position, then it will be eliminated.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE COMPENSATION
SCHEDULE AND CLASSIFICATION PLAN TO REFLECT
THE ADDITION OF A FISCAL AGENT SENIOR SECRETARY
WHEREAS, the Police Department acts as the fiscal agent for various law
enforcement programs which are funded through various State and Federal agencies; and
WHEREAS, the compensation schedule and classification plan will be amended
to add the classification of Fiscal Agent(FA) Senior Secretary; and
WHEREAS, the FA Senior Secretary will be assigned to the Confidential (CONF)
group, and the E-Step bi-weekly salary will be $1,942.94; and
WHEREAS, this at-will position is fully funded by grant funds and will be
eliminated if grant funding ends.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby amend the compensation schedule and classification plan to reflect the
addition of a Fiscal Agent Senior Secretary.
Presented by: Approved as to form by:
David Bejarano Glen R. Googins
Police Chief City Attorney
2014-05-27 Agenda Packet Page 22
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADDING ONE FISCAL AGENT SENIOR
SECRETARY TO THE AUTHORIZED STAFFING LEVEL OF
THE POLICE GRANT FUND
WHEREAS, the Police Department acts as the fiscal agent for various law
enforcement programs which are funded through various State and Federal agencies; and
WHEREAS, the Police Department hires and provides salary and benefits for
fiscal agent positions, and these positions are designated as "FA" (Fiscal Agent) in the
title description; and
WHEREAS, one FA Senior Secretary is requested to be added to the authorized
count of the Police Grant Fund to support the High Intensity Drug Trafficking Area
(HIDTA)program; and
WHEREAS, the purpose of the HIDTA program is to reduce drug trafficking and
production in the United States; and
WHEREAS, this position is fully reimbursed by grant funds, and the City receives
a 4% administrative fee for acting as the fiscal agent.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby add one Fiscal Agent Senior Secretary to the authorized staffing level
of the Police Grant Fund.
Presented by: Approved as to form by:
David Bejarano Glen R. Googins
Police Chief City Attorney
2014-05-27 Agenda Packet Page 23
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED
POSITIONS TO ADD A FISCAL AGENT SENIOR
SECRETARY
WHEREAS, the Human Resources Department has created new classifications to better
reflect the needs of the City's workforce and to provide greater service to the community; and
WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the Council.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.10 Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the Charter of
the City, there are established the unclassified positions entitled: Administrative Services
Manager, Advanced Planning Manager, Animal Care Facility Administrator, Animal Care
Facility Manager, Assistant Chief of Police, Assistant Director of Development Services,
Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of
Information Technology, Assistant Director of Finance, Assistant Director of Public Works,
Assistant Director of Recreation, Assistant to the City Manager/Continuous Improvement
Manager, Budget and Analysis Manager, Building Official/Code Enforcement Manager,
California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Director — IV
LECC, CBAG Executive Director, Chief Service Officer, City Engineer, Constituent Services
Manager, Deputy City Manager, Deputy Fire Chief, Development Services Department Director,
Director of Conservation and Environmental Services, Director of Economic Development, Fire
Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative
Analyst II, FA Analyst, FA Director of San Diego Law Enforcement Coordination Center, FA
Executive Assistant, FA Geospatial Intelligence Analyst, FA Graphics Designer/Webmaster, FA
Information Security Program Manager, FA Law Enforcement Coordination Center Information
Technology Manager, FA Management Assistant, FA Microcomputer Specialist, FA Network
Administrator I, FA Network Administrator II, FA Program Analyst, FA Program Manager, FA
Public Safety Analyst, FA Network Engineer, FA Senior Public Safety Analyst, FA Senior
Secretary, Fiscal Operations Manager, Housing Manager, Human Resources Operations
Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor's
Office), Police Captain, Purchasing Agent, Real Property Manager, Redevelopment and Housing
Manager, Risk Manager, Senior Council Assistant, Traffic Engineer, Transit Coordinator,
Transit Manager, and Treasury Manager.
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Ordinance No.
Page No. 2
Section IL Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
David Bejarano Glen R. Googins
Police Chief City Attorney
2014-05-27 Agenda Packet Page 25
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0106, Item#: 3.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A $900,000
DESIGN BUILD AGREEMENT BETWEEN THE CITY AND SYSTEMS INTEGRATED INC. FOR
THE UPGRADE AND REPLACEMENT OF THE SUPERVISORY CONTROL AND DATA
ACQUISITION (SCADA) SYSTEM TO MONITOR PUMPS AT VARIOUS CITY FACILITIES (SW218 -
REPLACE ALARM-WASTEWATER AND SW273 - SCADA SYSTEM PHASE II) AND
AUTHORIZING THE APPROPRIATION OF $50,000 OF LOCAL GOVERNMENT PARTNERSHIP
FUNDS TO CAPITAL IMPROVEMENT PROJECT SW273 TO IMPLEMENT A PILOT BUILDING
ENERGY MANAGEMENT AND MONITORING SYSTEM (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
On May 21, 2013, the City received one bid for the Supervisory Control and Data Acquisition
(SCADA) systems upgrade and replacement project. The project is included in the Capital
Improvement Projects (CIPs) SW218 and SW273. Today's action is to accept the bids, award the
contract to Systems Integrated Inc. in the amount of $900,000, authorize entering into a Design-Build
Agreement with Systems Integrated Inc., and appropriate $50,000 in Local Government Partnership
funds from San Diego Gas & Electric and the California Public Utilities Commission to support a
portion of the scope of work related to implementing a pilot building energy management and
monitoring system.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project falls under the
Class 1(d) Categorical Exemption in accordance with to Section 15301(d) of the State CEQA
Guidelines because it involves only the approval of an agreement to update and replace the SCADA
monitoring system. Thus, no further environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Supervisory Control and Data Acquisition (SCADA) systems are computer systems that gather
information, such as where a failure on a pump or a system leak has occurred, and transfer the
information back to a central site, alerting the home station that the problem has been detected. The
City first installed a SCADA system in 2004 to monitor pumps at various City facilities and the pools &
pumps crews realized overtime savings of approximately 75-80% in the first year by being able to
receive warnings and address issues before system failures occurred.
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File#: 14-0106, Item#: 3.
An upgrade and replacement of the system is needed to meet the City's SCADA standards and to
add new points in need of monitoring, including off-road trunk lines. The project is included in the
Capital Improvement Projects (CIPs) No. SW218 and No. SW273. Public Works staff prepared
specifications and advertised the project on March 18, 2013. On May 21, 2013, the Director of Public
Works received one (1) bid as follows:
Contractor BID
1 Systems Integrated $790,000
2 TESCO Controls 0
3 Southern Contracting 0
The bid submitted by Systems Integrated Inc. is consistent with the Engineer's estimate of $800,000.
Staff checked their references and received favorable comments and reviewed their bid and
determined that the bid package is complete, with no errors or omissions. Therefore, staff
recommends awarding a Design-Build contract to Systems Integrated Inc. The Design-Build
Agreement is presented for your approval on the City's standard form, customized for this particular
scope of work. Key provisions include:
1. Guaranteed Maximum Price . Design Builder is obligated to complete the Project at a cost not to
exceed $900,000 ($790,000 base bid, plus $110,000 contingency).
2. Date for Completion . The Project must be completed as agreed upon within the project schedule
set at 90% construction documents. Unauthorized delays may result in liquidated damages of $100
per day.
3. Phased Design and Construction Work . The Project will be completed in three phases, including
Design Development, Final Construction Plans and Construction.
4. Payments; Hold Back . The Design Builder shall be paid based on a percentage of completion,
with a 5% hold-back for 35 days to allow for administrative process finalization.
5. Bonds, Indemnity, Insurance . The contract requires bonding, indemnities and insurance per City
standards in order to secure contract performance and mitigate risk.
Wage Statement
The contractors who bid on this project are not required to pay prevailing wages to persons employed
by them for the work performed under this project. However, a "Notice to Contractors" was sent to
various trade publications in order to encourage disadvantaged business enterprises (DBEs) to bid
on the project.
Disclosure Statement
Attachment 2 is a copy of the Contractor's Disclosure Statement.
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File#: 14-0106, Item#: 3.
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. Staff is not independently aware, and has not been informed
by any City Council member, of any other fact that may constitute a basis for a decision maker
conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong & Secure Neighborhoods and a Connected Community. This action supports the
goal of providing Strong & Secure Neighborhoods, which includes maintaining and operating the
wastewater facilities by ensuring state of the art automated monitoring for failures of our facilities.
CURRENT YEAR FISCAL IMPACT
The balance of funds in Capital Improvement Projects (CIPs) SW218 (Replace Alarm-Wastewater)
and SW273 (SCADA System Phase II) from the Sewer Enterprise Fund will be used to fund this
project. In addition, this action appropriates $50,000 in existing Local Government Partnership funds
from San Diego Gas & Electric and the California Public Utilities Commission (Fund 28500) from the
Supplies & Services expenditures category to CIP SW273 (Master Project 26022730) to support a
portion of the scope of work related to implementing a pilot building energy management and
monitoring system. There is no direct impact to the General Fund for this project.
PROJECT COSTS
A. D/B Agreement Amount (Systems Integrated Inc.) $790,000
B. Project Contingency $110,000
TOTAL PROJECT COSTS $900,000
FUNDING SOURCES
SW218 - Replace Alarm-Wastewater $100,000
SW273 - SCADA System Phase II $750,000
SDG&E Local Government Partnership (Fund 28500) $50,000
TOTAL FUNDING SOURCES $900,000
ONGOING FISCAL IMPACT
After installation is completed, the system will require routine maintenance, which is already included
in the Public Works Department's annual budget.
ATTACHMENTS
1. Design-Build Agreement
2. Contractor's Disclosure Statement
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A $900,000 DESIGN BUILD
AGREEMENT BETWEEN THE CITY AND SYSTEMS
INTEGRATED INC. FOR THE UPGRADE AND
REPLACEMENT OF THE SUPERVISORY CONTROL AND
DATA ACQUISITION (SCADA) SYSTEM TO MONITOR
PUMPS AT VARIOUS CITY FACILITIES (SW218 — REPLACE
ALARM-WASTEWATER AND SW273 — SCADA SYSTEM
PHASE II) AND AUTHORIZING THE APPROPRIATION OF
$50,000 OF LOCAL GOVERNMENT PARTNERSHIP FUNDS
TO CAPITAL IMPROVEMENT PROJECT SW273 TO
IMPLEMENT A PILOT BUILDING ENERGY MANAGEMENT
AND MONITORING SYSTEM
WHEREAS, Supervisory Control and Data Acquisition ("SCADA") systems are
computer systems that gather information, such as where a failure on a pump has occurred, and
transfer the information back to a central site, alerting the home station that the leak has
occurred; and
WHEREAS, the City of Chula Vista (the "City") first installed a SCADA system in 2004
to monitor pumps at various City facilities and the pools & pumps crews realized overtime
savings of approximately 75-80% in the first year by being able to receive warnings and address
issues before pump failures occurred; and
WHEREAS, an upgrade and replacement of the system is needed to meet the City's
SCADA standards and to add new points in need of monitoring and the project is included in
previously approved Capital Improvement Projects No. SW218 and No. SW273; and
WHEREAS, Public Works staff prepared specifications and advertised the project on
March 18, 2013 and on May 21, 2013, the Director of Public Works received one bid; and
WHEREAS, the bid submitted by Systems Integrated Inc. is consistent with the
Engineer's estimate of $800,000 and staff checked their references and received favorable
comments and reviewed their bid and determined that the bid package is complete,with no errors
or omissions; and
WHEREAS, there is $50,000 in existing Local Government Partnership funds from San
Diego Gas & Electric and the California Public Utilities Commission available to support a
portion of the scope of work related to implementing a pilot building energy management and
monitoring system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves a $900,000 design build agreement between the City and Systems
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Resolution No.
Page 2
Integrated Inc., in the form presented, with such minor modifications as may be required or
approved by the City Attorney, a copy of which shall be kept on file in the Office of the City
Clerk and authorizes and directs the Mayor to execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
does hereby appropriate $50,000 of local government partnership funds from the supplies &
services expenditures category of Fund 28500 to capital improvement project SW273 (Master
Project 26022730) to support a portion of the scope of work related to implementing a pilot
building energy management and monitoring system.
Presented by Approved as to form by
Richard A. Hopkins Glen R. Googins
Director of Public Works City Attorney
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
le oogins
City Attorney
Dated: / It a
DESIGN BUILD AGREEMENT
FOR
DESIGN AND RETROFIT INSTALLATION OF THE SCADA
CONTROL SYSTEM
BETWEEN
THE CITY OF CHULA VISTA AND
SYSTEMS ANALYSIS & INTEGRATION INC.
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DESIGN BUILD AGREEMENT FOR
DESIGN AND RETROFIT INSTALLATION OF THE SCADA
CONTROL SYSTEM IN THE CITY OF CHULA VISTA
THIS Agreement shall be for the design and construction of improvements and the payment of permitted costs
therefore("Agreement"). This Agreement is made and entered into this ,by and between THE CITY
OF CHULA VISTA,a municipal corporation("City"),and SYSTEMS ANALYSIS &INTEGRATION INC,,dba
SYSTEMS INTEGRATED, a CALIFORNIA SUB S CORPORATION] ("Design Builder or DB"). City and
DB, when referenced herein,may be referred to individually as"Party"and collectively as"Parties." This
Agreement is entered into with reference to the following facts:
RECITALS
1. Supervisory control and data acquisition(SCADA)systems are computer systems that gather information, such
as where a failure on a pump has occurred,and transfer the information back to a central site,alerting the home
station that the failure has occurred.
2. In 2004-2005 the City first installed a SCADA system to monitor pumps at various City facilities and the pools
&pumps crews realized overtime savings of approximately 75-80%in the first year by being able to receive
warnings and address issues before pump failures occurred.
3. The server for the current system is obsolete and has insufficient capacity,such that the City is need of a new
system with dual servers that provide redundant backup. The new system would allow stations to be updated
to meet the City's SCADA standards and would allow new points in need of monitoring to be added, including
off-road trunk lines.
5. As part of this effort,on February 19,2013 the Department of Public Works,Engineering Division, issued a
Request for Proposal(RFP),pursuant to§ 2.57 of the City's Municipal Code, to address the upgrade and
replacement of existing control components,to qualified Design-Build firms off the Priority List.
6. The following companies were sent requests for proposals: Southern Contracting Inc,Systems Integrated and
Tesco Controls Inc. Only one(1)qualified company responded to the RFP.
7. Following an interview,the Design Builder(DB)Systems Integrated, was selected as the respondent who best
met the design, monetary and time criteria of the project with which City could negotiate an agreement.
8. As part of D/B's proposal,DB submitted a"Not to exceed Gross Maximum Price"for the Project in the
amount of Seven hundred ninety thousand dollars.($790,000.00)("Estimated Cost"/"EC").
9. Following City's approval of 90% Value Engineered Construction Documents("CD"),DB shall submit a
guaranteed maximum price ("GMP")for Nine hundred thousand dollars.($900,000.00), not to exceed the
Gross Maximum Price($790,000.00)plus a City Contingency(l 10,000.00), for which the project shall be
designed and constructed.
9. D/B shall complete the Project,as a public improvement,according to plans and specifications approved by
City, for an amount not to exceed the GMP.
NOW THEREFORE,in consideration of the recitals, mutual obligations of the Parties, the covenants and conditions
herein,and for other good and valuable,the sufficiency of which is hereby acknowledge,the Parties agree as
follows:
2014-05-27 Agenda Packet Page 32
ARTICLE I. DEFINITIONS
ADA: The Americans with Disabilities Act of 1990 and any amendments thereto.
Acceptance: Final approval by the City Inspection Team following the Final Inspection that Project Improvements
are complete and work required on the Punch List has been finished.
As-Builts: Project Record Documents that are the Contract plans modified from the original concept of the
design to reflect the actual product built.
CEQA: California Environmental Quality Act.
Calendar Day(s): All days of the week, holidays and weekends included.
Change Order: A written order,approved by City,authorizing a change in the work to be performed.
City: The City of Chula Vista. Unless specifically provided otherwise, whenever this Agreement requires an action
or approval by City, that action or approval shall be performed by the City representative designated by the
Agreement.
City Council: The City Council of the City of Chula Vista.
City's Project Administration Costs: Charges that City incurs to: (i)administer the acquisition of the Property,
(ii)review and approve the plans and specifications for the project improvements, and(iii)inspect the project
improvements during construction,until completion and Acceptance of the Project.
Contract Documents: Including,but not limited to: Contract Addenda,Notice Inviting Bids, Instructions to
Bidders, Bid(including documentation accompanying Bid and any post-bid documentation submitted prior to
Notice of Award), the Bonds,the general conditions,permits from other agencies, the Special Provisions,the Plans,
Standard Plans,Standard Specifications,Reference Specifications,and all modifications issued after the execution
of this Agreement.
Contract Time: The number of Calendar Days permitted under this Agreement for D/B to achieve Substantial
Completion.
Defective Work: All work, material,or equipment that is unsatisfactory, faulty, incomplete,or does not conform to
the Contract documents is defective.
Design Build Team(D/BT):Those individuals designated as being a part of the Design Build Team.
Estimated Cost: The total cost of the Project as estimated in preliminary cost estimates as shown in Exhibit A
Extra Work: Any City additions, modifications,or deletions to work or D/B obligations under this Agreement not
within the original Scope of Work contemplated by this Agreement.
Final Completion: The point at which the last of the following has occurred: (1)recordation of a Notice of
Completion for the Project;(2)acceptance of the Project by the City;(3)submission of all documents required to be
supplied by D/B to City under this Agreement, including but not limited to As-Built Drawings, warranties,and
operating manuals; and(4)and delivery to City of a Certificate of Completion duly verified by D/B.
Greenbook: The most recent edition of the Standard Specifications for Public Works Construction(including any
City of Chula Vista standard special provisions).
Guaranteed Maximum Price("GMP"): The maximum compensation to which D/B may be entitled for the
performance of all Services,Work,and obligations and the satisfaction of all conditions under this Agreement,
which amount shall include all authorized costs for labor,equipment,and material to design and build a fully
functional Project in accordance with all applicable rules,regulations,and laws.
Hard Construction Costs: Direct construction costs incurred in performing the work, including taxes,delivery and
installation. Hard Construction costs shall not include D/B markup,handling fees,overhead,or other charges,
except as otherwise set forth in this Agreement.
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2014-05-27 Agenda Packet Page 33
Hazardous Materials: Hazardous waste or hazardous substance as defined in any federal,state, or local statute,
ordinance,rule,or regulation applicable to the Property,including, without limitation the Comprehensive
Environmental Response,Compensation, and Liability Act of 1980,as amended(Title 42 United States Code
sections 9601-9675), the Resource Conservation and Recovery Act(Title 42 United States Code sections 6901-
6992k),the Carpenter Presley-Tanner Hazardous Substance Account Act(Health and Safety Code sections 25300-
25395.15),and the Hazardous Waste Control Law(Health and Safety Code sections 25100-25250.25). "Hazardous
Materials"shall also include asbestos or asbestos containing materials,radon gas,and petroleum or petroleum
fractions, whether or not defined as hazardous waste or hazardous substance in any such statute,ordinance,rule,or
regulation,
Holiday: The City-observed holidays.
Law: All Federal, State,or local laws,regulations,ordinances,and/or policies.
Milestones: Dates shown on the Project Schedule by which DB shall complete major tasks either during design or
construction of the Project.
NEPA: National Environmental Policy Act.
Notice to Proceed: City's written notice authorizing DB to commence Work and/or Services on the Project.
Notice of Termination: A written notice from City to DB terminating the Agreement in accordance with Article
XXVII.
Project: The hardware and software to be provided and installed by the DB to support the
SCADA.
Project Deliverables: Deliverables associated with the Project.
Project Site: The property located City wide and further described in Exhibit"A",attached.
Reimbursable Costs: NIA
Services: Professional services, including design and construction management of the Project that are required to
design and construct the Project in accordance with the Contract Documents. Services does not include Work.
Substantial Completion: That stage in the progress of the construction when all Work on the Project is sufficiently
complete in accordance with the Construction Documents,so that City can fully utilize entire Project; Substantial
Completion shall further mean that all goods,services and systems to be provided under the terms and conditions of
the Construction Documents are in place,have been initially tested,and are operationally functional, subject only to
final testing,balancing and adjustments and normal Final Completion punch list work.
Title 24: California Building Standards Code,California Code of Regulations,Title 24.
Work: All labor,materials,supplies,and equipment that are necessary to construct the Project in accordance with
the Contract Documents.Work does not include Services.
Working Day(s): Monday through Friday,excluding City holidays.
ARTICLE II. SCOPE OF THE AGREEMENT
2.1 General. Except as expressly provided in this Agreement, DB shall design and construct the Project in
accordance with all the terms and conditions of this Agreement,approved Plans and Specifications,and the
timeframes established by the Project Schedule,attached as Exhibit A delivering a complete and functional Project
within the Contract Time for an amount not to exceed the GMP,
ARTICLE III. TERM
3.1 Term of Agreement. This Agreement shall be effective on the date it is executed by the last Party to sign the
Agreement following City Council approval by Resolution. The term of this Agreement will extend from the
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2014-05-27 Agenda Packet Page 34
date of execution and follow the project schedule submitted by Systems Integrated until satisfaction of all
terms and conditions herein,unless this Agreement is earlier terminated.
ARTICLE IV.GENERAL PROJECT PERFORMANCE OBLIGATIONS
4.1 Standard of Care. Throughout the performance this Agreement,performed under this Agreement,D/B agrees
that all Services and Work provided as part of this Agreement shall be performed in accordance with the
standards customarily adhered to by experienced and competent professional architectural,engineering,
landscape architecture,and construction firms using the degree of care and skill ordinarily exercised by
reputable professionals practicing in the same field of service in the State of California.
4.2 Compliance with all Laws. In the performance of this Agreement,D/B shall comply with all laws, including
but not limited to:
421 All City,County,State,and Federal laws,codes and regulations,ordinances,and policies, including,
but not limited to,the following:
4.2.1.1 FsR- .,,.....ental Regulations(i.e.GFQ n�Arco n+
4.2.1.2 The Americans with Disabilities Act("ADA")and Title 24 of the California Building Code. It
is the sole responsibility of D/B to comply with all ADA and Title 24 regulations.
4.2.1.3 The California Fair Employment and Housing Act and all other State, Federal and local laws
including, but not limited to,those prohibiting discrimination on account of race,color,
national origin, religion,age,sex or handicap.
4.2.1.4 The Clean Air Act of 1970, the Clean Water Act(33 USC 1368)-Executive Order 11738,and
the Stormwater Management and Discharge Control-Ordinance No.0-17988.
4.2.1.5 D/B shall comply with the Essential Services Building Seismic Safety Act, SB 239& 132.
4.2.1.6 D/B shall comply immediately with all directives issued by City or its authorized
representatives under authority of any laws,statutes,ordinances,rules, or regulations.
4.2.1.7 D/B shall obtain and comply with all permits necessary top complete the Project,including,
but not limited to Development Services Department permits and haiE oUs fflat ffial per-F...:.^
4.2.1.8 Zoning,enViFORFReRtal, Wilding,
and lien T
4.2.2 ,implied Knowledge of Laws. D/B shall be responsible for all amendments or updates to standards and
of all amendments or updates to standards, whether local, state,or federal,and such knowledge will be
imputed to D/B to the extent allowed by law.
4.3 Design and Construction Standards. In the performance of the Services and Work covered by this
Agreement,D/B shall comply the most current versions of design and construction specifications, all of which
shall be incorporated herein by this reference.
4.3.1 Standard Specifications.
4.3.1.1 Greenbook. The 2009 Edition of the Standard Specifications for Public Works Construction,
4.3.1.2 California Department of Transportation Manual of Traffic Controls for Construction and
Maintenance Work Zones.
4.3.2 City Specifications,
4.3.2.1 The 2009 Edition of the Chula Vista Standard Special Provisions.
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2014-05-27 Agenda Packet Page 35
4.3.2.2 The 2012 Edition of the Regional Standards.
4.3.2.3 The 2002 Edition of the Chula Vista Construction Standards.
4.3.2.4 The City's facility program,performance and design criteria,concept drawings,and reports.
4.3.3 Energy Conservation Standards.
4.3.4 Materials Standards. D/B shall use industrial grade, not residential grade,equipment and accessories
for all facets of design and construction.
4.4 Obtain City Approval. For any and all actions under this Agreement that require City approval, including,
but not limited to,changes or additions to Agreement,D/B shall obtain approval in writing from the designated
City Representative,or when required by Law, from the City Council. D/B acknowledges that approval from
any individual other than the designated City Representative or City Council, where required,shall not be
valid.
4.4.1 Failure to Obtain Approval. Any costs or delays resulting from or associated with additions or
modifications implemented without the written authorization of the City Representative shall be borne
exclusively by D/B and not be grounds for an increase in GMP or Contract Time.
4.4.1.1 Emergency. In the event of an emergency,D/B shall take all reasonable actions necessary to
protect public health,safety or property. Such action shall not require advance City approval;
however, D/B shall notify the City immediately of the emergency and as soon as reasonably
possible provide a written statement to the City explaining the emergency and the reasonable
actions taken. Provided the emergency was not caused by or its creation contributed to by the
D/B, its employees,agents,or subcontractors,D/B may be entitled to reasonable compensation
for such actions.
4.4.2 No Release From Obligations. City approval shall be a general approval only,and such approval shall
in no way release or relieve D/B of responsibility for complying with all applicable laws,codes,and
good consulting,design,or construction practices.
4.5 Decision Making. D/B shall make decisions with reasonable promptness to avoid delay in the orderly
progress of DB's obligations under this Agreement and pursuant to the Project Schedule,attached as Exhibit
4.6 Perform Services and Work in Phases. The Services and Work under this Agreement shall be performed
three(3)"Phases"in the manner and order described herein.
ARTICLE V. PHASE I—DESIGN DEVELOPMENT
5.1 Design Team. City has awarded this Agreement based on the specific qualifications of D/B to perform the
design services required under this Agreement. All such services shall be provided by D/B unless the City has
approved of the use of Subconsultants in the manner identified in Article VIII.
5.2 Services. In Phase 1,D/B shall perform services with City Staff including, but not limited to,the following:
5.2.1 Project Development. Develop and refine Project requirements.
5.2.2 DDD. Prepare complete DDDs,such that the DDDs include, without limitation,the following;
5.2.2.1 Site Olans. Site la with peRiRMt:ctes and dimensians iRdiGatiRg P ....line;existing
use r
tits field,softball field ..F ..1 Skate area, pl., afeas, .-heh landscape and site
°eleffle Rt.
5.2.2.2
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2014-05-27 Agenda Packet Page 36
5.2.2.3 Reef Plans, Roof plans ineikiEling detailed notes, diffieFlsisRs,ffleehaflieai equipment is
,
5.2.2.4 RwildiRg Seetions. Building seefiens, whieh shall iffelude ver-deal dimensions, floor assemb-1-y
> lines;and Yer-tieal
Elimensiens;notes,dimeRsions and grid .
5.2.2.6
head and sill and flAi4r.sR rp.A;
5.2.2.7 Outline control specifications, written description of materials and components including site
work.
5.2.2.8 T+affie GiFEHWfi@fl and landscaping should also be indieated at this stage applieable.
5.2.3
.
5.2.4 Submittals. Prior to proceeding with Phase II,D/B shall prepare and submit the following to the City
for review and written approval.
5.2.4.1 DDDs. Completed DDD.
5.2.4.1.1 Conditional Approval. In the event that City grants conditional approval,DB shall
address all City comments or issues and make associated revisions in the next set of
drawings developed and submitted.
5.2.4.1.2 Delay/Costs. Any delay or additional costs resulting from the re-submittal shall be
borne exclusively by DB and not be grounds for an increase in the GMP or Contract
Time.
5.2.4.2 Other Deliverables. _
and Special system or equipment plans.
ARTICLE VI. PHASE II
6.1 Phase II Services. In Phase It of the Project, D/B's shall perform Services including,but are not limited to,
the following:
6.1.1 Project Development. DB shall diligently prosecute the development and refinement of Project
requirements and review such requirements with City;
6.1.2 Digital Documentation. DB shall prepare CD's which shall include,without limitation, the following:
6.1.2.1 Architectural plans and details, including:
6.1.2.1.1
Os_.
6.1.2.1.2
instaPed or fixed and movable equipment th-Fit sh, , '_ - . -paces.
Building eleyations indeeating eMteriBF design elements and features, ineluding
IME-Wilor elevations to establish funetioRal requimments,equipment,and all system
tv
is ..mti ccvicr.
�7
2014-05-27 Agenda Packet Page 37
6.1-2.1.6 Typieal wall sections 'A- indieate matffiak, OpeAiRgS,RREI FR8jOF features.
6.1.2.2
elearances and applieable material lists
6.1.2.3 Equipment plans and details.
6.1.2.4 1 a dSea,e QREl T__:....+:ffl..1.,« ..«a der..:1. W
6.1.2.5 Electrical plans and details
6.1.2.6 &OFFR Watff plans and details.
g-1-':Plans showing installation of major systems.equipment,fixed f FRi§ Rg5 a^a ff phi6S
6.1.2.8 Technical specifications.
6.1.2.9 All other technical drawings,schedules,diagrams and specifications,to set forth in detail the
requirements for construction of the Project which,at a minimum, include:
6.1.2.9.1 Information customarily necessary for the use of those in the building trades.
6.1.2.9.2 Documents customarily necessary to obtain regulatory agency approvals.
6.1.2.10 Mechanical design documentation consisting of continued development and
expansion of schematic mechanical design consisting of:
6.1.2.10.1 Single line layouts and the approximate sizing of all equipment and capacities,
preliminary equipment layouts.
ffleaSURS-
,
a
6.1 ..2 Preliminary equipment layouts,required space for equipment,required chases and
clearances.
6.1.2.12
and eleei..:.,..1 elements.
6.1.2.13 Final specifications, including but not limited to,the following:
6.1.2.13.1 °Fehitee!Wal. ve.neFal EleseFiption of the, +..ueti, inehidiFig interieF finishes,
Ft««1 eXter-�Aff «.-1 iA1P-.riA-F ..1 ell
6.1.2.13.2 ,heating and -ventilation systems and
system.eentFels,duets,and piping
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2014-05-27 Agenda Packet Page 38
6.1.2.133
alMRS; Rd able aRleMa tee
6.1.2.13.4 ,plaRt
POF
6.1.2.115 Play.^_Fear. Des ieR of p! RGl iRg, tall tiBR
type,e819F, finishes,&Hd4,qGn6.Ar
6.1.2,13,6 ,
6.I,2.13.7 Other. Such other documents to fix and describe the size,quality and character of
the entire Project, its materials,and such other elements as shall be appropriate.
6.1.2.14
fOF plumbing equipment, and final speeifieaii
6.1.3 Project Sequencing. DB shall determine and establish the sequence of construction,and if
appropriate, identify separate bid packages to accomplish phased construction of the Project.
6.1.4 Critical Path. DB shall prepare a detailed Critical Path Method schedule for all construction
components of the Project("Detailed Construction Schedule")utilizing Microsoft Project software,
showing all major milestones, bid dates for the major bid packages,commencement of construction,
sequence of construction,completion of structural elements,and completion of the Rohr Park Shade
Structures,all of which shall conform with the dates of Substantial Completion and Final Completion
of Project.
6.1.5 Governmental Review. D/B shall review,as needed, the CD's with the governmental authorities
having jurisdiction over the Project.
6.1.6 Accounting System. DB shall provide a master accounting system and matrix on Microsoft Excel that
will be updated,expanded,and provided to the City monthly as the Project develops.
6.1.7 Project Management Plan. DB shall develop and implement a Project Management Plan and
Procedures including:
6.1.7.1 Project status reports.
6.1.7.2 Coordination/interface with the City and its other consul tants/contractors
6.1.7.3 Initial Design kickoff meeting to be held no later than five (5)working days from the Effective
Date of Agreement.
6.1.7.4 Biweekly Design and Construction meetings
6.1.7.5 Interface and communications with other agencies
6.13.6 Vendors and subcontractors management
6.1.7.7 Document control
6.1.7.8 Schedule and budget control
6.1.7.9 Quality assurance and quality control. DB shall establish and maintain a quality control
program with appropriate reviews and independent testing procedures to ensure compliance
with the Construction Documents during the construction phase.
6.6.10 Scheduling and cost control reports, which shall be provided monthly throughout the design
phase.
6.1.8 Construction Drawings and Specifications. DB shall prepare construction drawings and specifications
suitable for obtaining City-approved permits and to allow construction,
2014-05-27 Agenda Packet Page 39
6.1.9 City Approval. DB shall submit Construction Documents and obtain City approval in writing of the
Construction Documents at fifty percent(50%),seventy percent(70%),and ninety percent(90%)
completion.
6.1.9.1 Condition Precedent. City approval of the Construction Documents is a condition precedent to
authorization to proceed with subsequent work on the Project.
6.1.9.2 Notification,Modification, and Resubmittal. At 50%,70%and 90%Completion,City will
notify DB in writing within the timeframes established in the Project Schedule following
receipt of Construction Drawings of City approval,or of request for modifications. If
modifications are requested,DB shall modify and resubmit Construction Drawings for City
approval.
6.1.9.3 DB Support. DB shall provide support to a City Constructability Review Team for the
review of the Construction Documents at all stages of required submission.
6.1.10 Materials and Equipment Specifications. D/B shall prepare technical materials and equipment
specifications for pre-purchase.
6.1.11
and Speeial teSlillg f6F 1148 PFE�erpl a�the PFE�e6l site as FeqUiFed by this A�p to Building
C-Ode, Or afly Other-16W OF in ac-ear-danee with and @eASi'deFiHg the fellowing-.
6.1.11.1 Greeiibsek.2()()9 t4had "Sum,eyiRg"and-Gity of Chula Vista's Hffizental and
the fellowing link:
6.1.11.2 Existiiig Conditions. PAR shall obtain all Fiesess&Fy soils investigation and eonduet
iRg FeqUiFed&F ElOSigil Of t148 Pr-ajee�,The 894s Consultant shall pFepafe a
statemen!that will be ineluded in the Bidding PHeumems as to the flatUFe of soils,gfound-
6.1.113
Publie or private utility f4eilities that must be eensfmeted or.reale-eated-fis A-Fesult of this
Wejeet and -a ebtainiiig the s@r-viees of all uIdities required by the
PFE�eet.
6.1.11.4
..lulled in.he Bidding Do ..tom to add ..aeehn ..1 eanditions of ih..sale
6.1.11.5
to the .,tent that non deteffflines they for-fiHal design.
6.1.11.6 No Reliapiee. DAB shall not rely E)n City SUFN'ey iRfOFFflatiOR as it is intended 19 be PFeli
6.1.12 SWPPP.
applieable,the SWPPP shall comply with both the California Regional WateF QUality Central ReW
6.1.12 Alternatives. D/B shall evaluate alternative structural and construction approaches to ensure
economical designs, which optimize constructability,yet meet all codes, architectural concepts,
schematic designs,and standard specifications of the Project.
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2014-05-27 Agenda Packet Page 40
6.1.13 Permits.
b
Notice to Pr-oeeed ie tha�phase of the project-.
6.1.14 Updated Costs. D/B shall provide updated construction cost estimates in conjunction with the
submittals required in Section 6.1.9 to support Value Engineering("VE")and constructability reviews.
6.1.15 Final Review and Approval of Plans and Specifications. D/B shall deliver to City complete
Construction Documents, including Construction Drawings,Plans and Specifications for the design
and construction of the Project. City agrees to review the Construction Documents and provide City's
written comments to D/B within 10 Business Days of the date such Construction Documents are
delivered to City in accordance with the notice provisions in Article XXIX. Approval shall not be
unreasonably withheld. If requested by City,D/B shall make changes to the Construction Documents.
ARTICLE VII. PHASE III.-CONSTRUCTION PHASE WORK AND SERVICES
7.1 Phase III.Work and Services. The DB shall construct the Project in accordance with City-approved plans
and specifications prepared by the D/B to meet or exceed all requirements of the City provided program,
schematic design and the performance criteria, when required the D/B shall:
7.I.1 Bidding. D/B shall prepare and submit to the City for review separate bid packages, such bid packages
shall be organized in the manner that D/B determines is appropriate ensure the efficient and cost
effective construction of the Project.
7.1.1.1
eeflstFuetien Of the projeat,
wed by bidders. Said answom ..d . .,theF:..0........,@..F Fed tO P :dam. 1 :C. a:
G-48ASIF-1-10-69H PHeWfleRtS dUr-ing the bidding preeess shall be issued as WARM addeRin imid
7.1.1.3 Scheduling. D/B shall coordinate scheduling of bid packages,submittals.
7.1.I.4 Bid Results. D/B shall submit to the City a summary of bid results for each bid package.
7.1.105 Bid Protests. D/B shall hear and decide bid protests and shall develop and maintain bid protest
procedures for that purpose. City shall be timely informed of all bid protests(prior to
resolution)and the outcome of said protests.
7.1.1.6 Equal Opportunity Contracting/Nondiscrimination. D/B shall not discriminate on the basis of
race,gender,religion,national origin,ethnicity,sexual orientation,age,or disability in the
solicitation,selection,hiring or treatment of subcontractors,vendors,or suppliers. D/B shall
provide equal opportunity for subcontractors to participate in subcontracting opportunities.
D/B understands and agrees that violation of this Subsection shall be considered a material
breach of this Agreement and may result in contract termination,debarment,or other sanctions.
The language of this Subsection shall be inserted in contracts between D/B and any
subcontractors, vendors,or suppliers.
7.1.1.7 Executing Contracts. D/B shall be responsible for entering into subcontracts,in D/B's own
name, with the bidder who in D/B's discretion and professional opinion best meets the
monetary,time,and performance requirement of the Project. D/B shall be responsible for
ensuring that these contracts fully comply with all applicable local,state and federal laws,
some but not all of which are listed below.
7.1.1.8 Additive Alternatives. D/B shall require additive alternates for extended warranties in bid
packages for roofing and HVAC systems.
7.1.2 Meetings. D/B shall conduct meetings identified below:
7.1.2.1 Preconstruction Meeting. D/B shall conduct a preconstruction meeting with its officers,agents
and employees and City.The purpose of this meeting is to discuss: (i)the Agreement
is
2014-05-27 Agenda Packet Page 41
conditions, (ii)Scope of Work clarifications,and (iii)City policies, inspection requirements,
and procedures.
7.1.2.1.1 Attendance. D/B shall ensure that the preconstruction meeting is attended by DB's
construction contractor,project manager,all DB's major subcontractors,the City's
project manager and all other persons necessary as determined by D/B or City.
7.1.2.2 Progress Meetings. D/B shall conduct weekly progress meetings with the City and appropriate
design and construction members.
7.1.2.3 Contractor Meetings. D/B shall conduct contractor meetings, as necessary, to provide
technical input.
7.1.2.3.1 D/B shall provide interpretation of technical specifications and drawings.
7.1.2.4 Rescheduling. Progress Meetings may be rescheduled if rescheduled meeting times are
convenient for all necessary parties,and D/B has given no less than five(5)Calendar Days
prior written notice of the rescheduled meeting.
7.1.2.5 Minutes. D/B shall take corresponding meeting minutes and distribute copies to all attendees.
7.1.2.6 Reporting. D/B shall monitor and report to the City on actual performance compared to the
Project Schedule,provide updated As-Builts,and verify that the latest changes to the Project, if
any,have been made.
7.1.3 Construction Management. During construction of the Project,D/B shall perform and be responsible
for construction management, supervision,and administration services, including,but not limited to,
tracking and reporting all expenses and all aspects of the construction and coordinating all construction
means, methods,techniques,sequences and procedures to ensure the efficient and orderly sequence of
the construction of the Project.
7.1.3.1 Resident Management. D/B shall provide resident management and contract administration,
including specialists necessary for the functional,safe,on-budget and on-schedule completion
of the Project,starting with the issuance of a Notice to Proceed,upon receipt of final
construction drawings, from the City and extending through issuance of Notice of Completion
and Acceptance. City staff will perform inspections to verify compliance with the plans,
specifications and contract documents. The D/B resident staff shall ensure construction
compliance with applicable local,state,and federal codes,building and environmental permit
requirements,construction mitigation documents and enforcement of the Contract Documents.
7.1.3.2 Records Management. D/B shall implement and maintain an internal records management and
document control system as required to support project operations.The DB shall provide
records management and document control information in a manner consistent with the City's
reporting system.
7,1.3.3 Cash Flow. D/B shall develop a project-specific Plan for defining,tracking and reporting cash
flow activity requirements and submit such plan to the City for review and approval prior to
implementation.
7.1.3.4 Reporting. D/B shall keep City informed of the progress and quality of the design and
construction of the Project.
7.1.3.5 Documents On-Site. D/B shall maintain a complete and up-to-date set of Construction
Documents in the Projects field office at all times during construction that reflect all changes
and modifications.
7.1.3 Site Safety, Security, and Compliance. DB shall be responsible for site safety,security,and
compliance with all related laws and regulations.
7.1.3.1 Persons. D/B shall be fully responsible for the safety and security of its officers,agents,and
employees,City's officers,agents, and employees,and third parties authorized by D/B to
access the Project site.
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2014-05-27 Agenda Packet Page 42
7.1.3.2
laws and Fegulatowis,ineluding the GIMR AiF Aet of 1970, the GleaR Water Act,E*eeu;ive
0 17999 and aRy and all Best ManagemeRI Practice guidelines and p8liutien elimination
' . ements as FRay be established by the 9fifer-cemem Qffieialz
7.1.3.3 Risk of Loss. DB is responsible for the Project,project site, materials,equipment provided by
the D/B,and all other incidentals until the Project has been Accepted by the City and shall bear
any costs or expenses associated with the loss thereof or damage thereto, including by theft,
fire,or other casualties.
7.1.4 Public Right-of-Way. b
7.1.4.1 Materials Testing. D/B shall pay for and coordinate with City to have all material tests within
the Public right-of-way and any asphalt paving completed by City's Material Testing
Laboratory.
7.1.4.2 Surveying. DB shall pay for and coordinate with City's Engineering Division all surveying
required within the Public right-of-way.
7.1.4.3 Follow all Laws,Rules,and Regulations. DB agrees to follow all City standards and
regulations while working in the Public right of way, including but not limited to, utilizing
proper traffic control and obtaining necessary permits.
7.1.5 Traffic Control. DB shall address all traffic control requirements for the Project including, if
necessary,separate traffic control plans and/or notes.
7.1.6 Abatement. PM shall Ele-velop a mutuaily agF@OEI HPOR PF@gFaffi tO abate wid FniniFnize noise,dust,anEl
7.1.7 Inspections. DB shall coordinate any and all required inspections, including special inspections, in
such a manner that the progress of construction is not affected or impacted. The DB shall provide
surveying,and other contracted services as required to complete project construction inspection and
testing tasks. The City will provide inspection,special inspection,re-inspection services,and periodic
building inspections.
7.1.8 Permits.
eempliaRee with this AgFeefnem is subjeet to the PF40F iSSUHHOe Of Wilding, 'and ElOVAOpfflent,aflElle
Ptiblie ifflPFOYeffiefit PeFfflitS paid for and obtained by DAB. in the event that City,or.aRY @�hff
ObligatiOA tO e@H5tFH61 these impr-evements cover-ed by the denial of said per-mit(s).Gity shall,unde
AgFeement, for-all WOFk eempleted up to!he date of Elenial ef Said PeFfflit(S). All plans, speei4eatien
Shall beGOffle the PFOPeFty Of City upon DA14' Y-Alent iH full as deseAbed above-.
7.1.9 Maintenance. DB shall ensure Project is maintained in a clean, neat,sanitary and safe condition free
from accumulation of waste materials or rubbish. Until Acceptance of the Project,DB shall be
responsible for on-going site maintenance,including any erosion prevention measures. Prior to Final
Completion, DB shall cause to be removed from and about the Project all tools,construction
equipment,machinery,surplus materials, waste materials and rubbish and deliver the site to the City in
a clean,neat, sanitary and safe condition.
7.1.8.1 Waste Removal. Please be advised that Chula Vista Municipal Code 8.24.070 provides for an
exclusive franchise for the removal and conveyance of all solid waste for hire(including
recyclables) within City limits. The exclusive franchise agreement covers any hauling activity
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that requires the generator or their agent to pay a fee for any service connected with removing
or conveying waste. The City's franchise hauler is Allied(formerly Pacific)Waste Services
and may be reached at(619)421-9400.
7.1.10 Request for Information ("RFI"). Parties acknowledge that the RFI process is solely for
correspondence between D/B and its agents;however, D/B shall submit copies of each RFI to City at
the within twenty-four(24)hours of receipt. DB shall issue responses to RFIs. Unless D/B
specifically requests a City response,City will not respond to RFIs.
7.1.11 Review and Approval. D/B shall provide timely review and approve shop drawings,samples of
construction materials, product data,schedule submittals,and other submittals for compliance with the
Construction Documents. D/B shall keep the City advised of all such matters being reviewed and
approved by D/B and forward copies of such documents to City for review.
7.1.12 Royalties and Other Fees. D/B shall pay royalties and license fees, if applicable. D/B shall defend
suits or claims for infringement of patent rights and shall defend and hold City and City's agents
harmless from loss on account thereof
7.1.13 Provide City with a Detailed Construction Schedule(DCS)on an disc (CD)within fourteen
(14)working days after receiving Notice to Proceed with Phase IV,provide updated versions of DCS
on a monthly basis,and provide immediate notice of any impact on critical path items.
ARTICLE VIII. SUBCONTRACTING
8.1 Subcontracting.
8.1.1 Design Services. D/B shall perform or obtain the prior written consent of the City to subcontract all
design services for the Project utilizing qualified, licensed and sufficiently experienced architects,
engineers and other professionals(herein jointly"Design Consultants"). D/B shall not be permitted to
substitute any Design Consultant unless authorized by City.
8.1.2 Construction Services. D/B shall perform all construction on the Project utilizing subcontractors appropriately
licensed by the California Contractors State License Board or other required agency.
ARTICLE IX. PROJECT SCHEDULE
9.1 Proiect Schedule. D/B shall perform and complete the Services and Work under this Agreement according to
the timeframes set forth in the Project Schedule,attached hereto as Exhibit"A",or a subsequently revised
Project Schedule in such a manner that the GMP or Contract Time of the Project shall not be exceeded and that
is consistent with the Standard of Care identified in Section 4.1.
9.1.1 Project Schedule. DB has submitted,as part of its proposal,a Project Schedule based on its estimate
of the time necessary to complete the Project.
9.1.2 D/B's Obligation. Subsequent to the effective date of this Agreement, D/B shall provide,coordinate,
revise,and maintain the Project Schedule for all phases of the Project.
9.1.2.1 During the Project initiation and design phases,the D/B shall submit an updated Project
Schedule monthly to the City for approval.
9.1.2.2 During Construction, D/B shall submit an updated Project Schedule monthly to the City and
shall include:
9.1.2.2.I Forecast Data with the intended plan For the remainder of the contract duration.
9.1.2.2.2 Actual Data with indications of when and how much Work and/or Services was
performed (%complete).
9.1.2.2.3 Logic changes or other changes required to maintain the Project Schedule.
9.1.3 Detail and Format. The Project Schedule shall be substantially similar in detail and form to Exhibit
[INSERT],or it shall be in the form subsequently agreed to by the Parties.
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9.1.4 Submittal Project Schedule shall be submitted to City on a computer disk in a version of Microsoft
Project or Excel spreadsheet.
9.2 Project Completion. DB acknowledges that all work on the under this Agreement will be complete and
ready for its intended use by the Project Completion Datewhich will be identified in the updated schedule
established at 90%construction documents.
9.3 Changes in Project Schedule. Changes in Project Schedule, whether to logic,definition,or relationship must
be approved by the City in writing as a Change Order pursuant to the manner identified in Article XIII.
ARTICLE X. DELAY IN PERFORMANCE
10.1 Time of Essence. Time is of the essence for this Agreement and each provision of this Agreement,including
the Project Schedule, Start Date,and Project Completion Date contained herein, unless otherwise specified in
this Agreement. DB shall perform all Services and Work as expeditiously as is consistent with standard of
care identified in Section 4.1.
10.2 Notification of Delay.If the DB anticipates or has reason to believe that the performance of Services and/or
Work under this Agreement will be delayed,the DB shall immediately notify the City. A written notice of the
delay must be delivered to the City within five(5)Calendar Days of the initial notification,unless the City
allows an additional period of time to ascertain more accurate data in support of the request.The written notice
shall include an explanation of the cause of the delay,a reasonable estimate of the length of the delay,and all
supporting data.The DB shall include a written statement that the time adjustment requested is the entire time
adjustment to which DB has reason to believe it is entitled as a result of the cause of the delay.An increase in
time for completion does not necessarily mean that DB is entitled to an increase in GMP.If in the opinion of
the City,the delay affects a material part of the Project, the City may exercise its rights under Article XXVII of
this Agreement or any other remedy available in law or equity.
10.3 De1ay. If delays in the performance of Services or Work required under this Agreement are caused by
unforeseen events beyond the control of the Parties,such delay may entitle the DB to a reasonable extension
of time or to additional compensation.Any such extension of time must be approved in writing by the City.
The following conditions may justify such a delay: war;changes in law or government regulation;labor
disputes;strikes;fires, floods, adverse weather or other similar condition of the elements necessitating
cessation of the DB's work; inability to obtain materials,equipment, or labor;required additional Professional
Services;or other specific reasons agreed to between the City and the DB;provided,however,that: (i)this
provision shall not apply to,and the DB shall not be entitled to an extension of time,additional costs,or
expenses for, a delay caused by the acts or omissions of the DB, its consultants,contractors,employees,or
other agents;and(ii)a delay caused by the inability to obtain materials,equipment,or labor shall not entitle
the DB to an extension of time unless the DB furnishes the City, in a timely manner,documentary proof
satisfactory to City of the DB's inability to obtain materials, equipment,or labor.
10.3.1 Caused by City. If DB reasonably believes that any action, inaction,decision or direction by City or
agent for the City will likely result in the GMP or Contract Time being exceeded or the Project being
completed late,DB will notify City at Project Team meeting and in writing within five (5)calendar
days of discovering such action, inaction,decision,or direction. Included in such notice will be an
estimate of the cost and time impact resulting from such action, inaction,decision or direction. DB
shall provide complete and accurate pricing within ten(10)calendar days of said discovery.
10.4 Costs of Dela /Li updated Damages, City and DB recognize that time is of the essence in this Agreement
and that City will suffer financial loss if the Project is not completed by the Substantial Completion Date
identified in the Project Schedule or any extensions subsequently approved. As the exact amount of financial
loss cannot be accurately forecasted,the Parties have used their best efforts to establish an estimate of such
loss. In doing so, the Parties have examined all of the circumstances and factors associated with a delay and
have determined an amount that is fair and reasonable as liquidated damages. City and D/13 agree that DB
shall pay as liquidated damages(but not as a penalty) for each calendar day of delay beyond the time specified
for Substantial Completion of the Project,the following amounts which DB expressly agrees are"not
unreasonable under the circumstances"as defined in California Civil Code §1671(b): $100 for each calendar
day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved. In
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lieu of paying damages to the City,the Parties agree that City may choose to reduce the GMP by the amount of
the liquidated damages.
ARTICLE XI. PROJECT COSTS
11.1 Estimated Cost. The Estimated Cost of Project, according to the RFP Seven hundred ninety thousand dollars
($790,000.00).The City's obligation under this Agreement shall not exceed the Estimated Cost; however,once
a GMP is determined and approved,the GMP shall become the not to exceed amount of Nine hundred
thousand dollars. ($900,000.00).GMP is subject to change pursuant to methods established in this Agreement.
1 1.1.1 Cost Schedule. The GMP has been allocated among each activity or portion of the Project("Itemized
Cost(s)"). The Itemized Costs are included in Exhibit "A",attached. The cost incurred by the D/B
for a specific activity or portion of the Project shall not exceed the associated Itemized Cost.
11.2 GMP. At 90%complete construction documents,D/B shall establish a GMP and submit such GMP to the
City for approval,
10.2.1 Not to Exceed Amount. The GMP shall not exceed Ninehundred thousand dollars. ($900,000.00).
Any costs incurred by D/B in excess of said GMP shall be the sole responsibility of the D/B, unless a
Change Order is approved by the City pursuant to Article XIII of this Agreement.
1 1.2.1.1 Included Costs. In calculating the GMP,D/B shall include costs of the following:
11.2.1.1.1 All Design Consultants,including but not limited to architectural,structural,civil,
mechanical,electrical,communications,graphics and art consultants, landscape
architects,and acoustical, audio visual, lighting,and security consultants.
11.2.1.1.2 Estimating, value engineering and construction management.
11.2.1.1.3 Construction supervision and project management personnel, including but not
limited to superintendents,Project managers,Project secretaries,Project engineers,
Project accountants,and all other D/B personnel wherever located.
11.2.1.1.4 All on-site and off-site equipment,supplies and facilities, including but not limited
to,computers,estimating,dictating,communication and accounting equipment,
office space,trailers, field equipment and storage facilities.
11.2.1.1.4.1 Option to Purchase. In no case shall the cumulative monthly rental
charges to the Project for equipment and Small Tools used by the D/B
exceed 90%of the fair market value of any one piece of equipment or
Small Tools. At City's option, the full price for equipment or Small
Tools may be paid,and City may take possession upon completion of
the Work.
11.2.1.1.5 All Hard Construction Costs.
11.2.1.1.6 D/B Contingency Fund,$110,000.00.
11.2.1.1.7 Reimbursable Costs, Example: Permit fees.
11.2.1.1.8 D/B Fixed Fee for the complete design and construction of the entire Project as
specified in the 90%CD's.
1 1.2.1.1.9 No more than$000.00 for General Conditions.
11.2.1.1.10 All home-office and field overhead costs of any type including document control
and retention;
l 1.2.1.1.1 1 All business license costs;
11.2.1.1.12 All profit D/B intends to earn under this Agreement.
11.2.1.1.I3 All direct and incidental costs incurred by D/B,except for those specifically
identified under the General Conditions section.
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11.2.1.1.14 NIA
11.2.1.2 Full Compensation. Unless otherwise expressly provided in this Agreement,GMP shall be
the maximum amount of compensation to due to D/B for all permitted costs of any type
incurred by D/B in performing all services and obligations under this Agreement.
11.2.2 Itemization. D/B shall provide City with an itemization of the GMP that reconciles the GMP with the
itemized costs. The itemization shall include the following:
11.2.1.1 D/B Fixed Fees.The fees charged by the contractor for staff,equipment,office space and overhead
during the term of the project.
11.2.1.2 Hard Construction Costs. Hard Construction Costs broken down into categories for each of
the major trades for the Project, which will include labor, material expenses,equipment costs,
and a reasonable DB Contingency Fund.
11.2.1.3 NIA
11.2.3 Alternate Bid Items. D/B shall prepare, with the cooperation of the City, alternate bid items to assure
that the cost of the Project will not exceed the GMP.
11.2.4 Adjustments to GMP Based on Approved Change Orders. GMP may be changed, increased or
decreased, based on Change Orders approved pursuant to Article XIII.
11.2.5 Adjustments Based on Other Cost Increases. GMP may be increased due to: (i)acts of God,acts of any
governmental authority,the elements,war,litigation,shortages of material,labor strikes, inflation,
later commonly accepted or adopted higher standards and specifications of construction,concealed or
unknown conditions encountered in the completion of the Project,or other cause beyond DB's
control, (ii)actual bids received being greater than estimated, or(iii)other factors not the result of
unreasonable conduct by D/B.The GMP may be increased by the amount of such increases;however,
if GMP as proposed to be increased shall exceed the Estimated Costs,such change to GMP shall be
subject to approval by City Council.
11.3 Duty to Advance Costs. DB shall advance all costs for Project subject to Reimbursement in the manner
described in Article XVI.
11.4 Use of Project Contingency. Project Contingency shall not be used without prior, written City approval and
shall not be used for: (i) work required due to D/B's, its officers',agents' or employees' failure to perform
Work or Services according to the terms of this Agreement, in compliance with the Construction Documents,
and/or Law;or(ii)uninsured losses resulting from the negligence of D/B, its officers,agents,or employees.
11.5 Notification of Increased Costs. If,at any time,the D/B anticipates that the amount expended on the Project
will exceed the Estimated Cost or the GMP, when established,the D/B shall immediately, not more than ten
(10)Working Days from becoming aware of the potential increase,notify the City in writing.This written
notification shall include an itemized cost estimate and a list of recommended revisions that the DB believes
will bring the Project cost to within the Estimated Cost or GMP. Following the delivery of the Notice,D/B
shall assist the City in reviewing the itemized cost breakdown and adjusting the Scope of Work and
establishing a revised Project,the cost of which will not exceed the Estimated Cost or GMP,once establish.
11.5.1 City Action. Following consultation with the DB,the City may choose to: (i)approve an increase in
the amount authorized for the Project;(ii)delineate a project, which may be constructed for the budget
amount;(iii)any combination of(i)and(ii);or terminate the Project subject to the termination
provisions in Article XXVII.
ARTICLE XII. PRODUCTS
12.1 Submittals. Prior to the bidding process,D/B shall submit for City approval a list of products intended for use
in the Project. Upon D/B's completion of plans and specifications,City will review and approve products
specified therein.D/B shall provide City a copy of each submittal for City approval throughout the duration of
construction within twenty(20)Calendar Days of DB's receipt of submittal. Approval is general approval only
and in no way relieves D/B of its sole responsibilities under this Agreement or any and all laws,codes,permits
or regulations.
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12.2 Substitutions. DB shall submit all requests for product substitutions to City in writing within thirty(30)
Calendar Days after the date of award of the construction contract. After expiration of the thirty(30)Calendar
Days,City will allow substitution only when a product becomes unavailable due to no fault of DB's
contractor.City shall review substitution requests within thirty(30)Calendar Days of submission of such
requests.DB agrees that City requires Consultant's input and as such DB shall coordinate a five(5)Working
Day review by its Consultant.
12.2.1 Substantiate Request. D/B shall include with each substitution request complete data substantiating
that the proposed substitution conforms to requirements of the Contract Documents.
12.2.2 D/B Representations. By submitting a substitution request, DB is representing to City all of the
following:(i)DB has investigated proposed product and determined that in all respect the proposed
product meets or exceeds the specified product;(ii) DB is providing the same warranty for the
proposed product as was available for the specified product; (iii)DB shall coordinate installation and
make any other necessary modifications which may be required for work to be complete in all respects;
and(iv)DB shall waive any claims for additional costs related to the substituted product, unless the
specified product is not commercially available.
12.2.3 Separate Written Request. City will not consider either substitutions that are implied in the product
data submittal without a separate written request or substitutions that will require substantial revision
of construction contract documents.
12.3 Samples.
12.3.1 Postage. Samples shall be sent to DB's office,carriage prepaid.
12.3.2 Review. DB shall furnish to City for review,prior to purchasing,fabricating, applying or installing,
(2)two samples(other than field samples)of each required material with the required finish.
12.3.2.1 Where applicable,all samples shall be 8"x 10" in size and shall be limited in thickness to a
minimum consistent with sample analysis. In lieu thereof,the actual full-size item shall be
submitted.
12.3.2.2 DB shall assign a submittal number. DB shall include with each submission a list of all
samples sent,a statement as to the usage of each sample and its location in the Project, the
name of the manufacturer,trade name,style, model,and any other necessary identifying
information.
12.3.2.3 All materials, finishes, and workmanship in the complete building shall be equal in every
respect to that of the reviewed sample.
I2.3.2.4 City will return one submitted sample upon completion of City review.
12.3.2.5 DB's,or DB's agent's, field samples shall be prepared at the site. Affected finish work shall
not commence until DB or its agents have been given a written review of the field samples.
12.3.3 Not a Release of Liability. City's review of samples in no way relieves DB of D/B's responsibility for
construction of Project in full compliance with all Contract Documents.
12.4 Observe Testing. When appropriate, DB shall witness testing and review materials and equipment testing
results and provide comments regarding conformance with specification requirements.
ARTICLE XIII. CHANGE ORDERS
13.1 When Reauired. Change Orders shall be required in the following instances:
13.1.1 GMP. Any adjustment in GMP.
13.1.2 Contact Time. Any adjustment in Contract Time of Completion Date.
13.1.3 Use of Contingency Fund. At any time DB seeks to use the Contingency Fund,irrespective of impact
on the GMP or Contract Time.
13.1.4 City Requests. The City directs DB to perform Additional Services.
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13.1.5 Other, Any other instance for which this Agreement expresses that a Change Order shall be used.
13.2 Process for Approval of Change Orders. Within five(5)Calendar Days of any event that gives rise to the
need for a Change Order,the D/B shall provide the City with written notice of the need for the same. The
Change Order must indicate whether the change will affect,in any way, by increasing or decreasing, the GMP,
Project Schedule,or project quality established during the design and submittal review process. In addition, it
shall be accompanied by a detailed and complete estimate of cost impact associated with the Change Order,
including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately
categorized into D/B Fixed Fee, Reimbursable Costs or Hard Construction Costs. D/B shall also provide City
with a realistic estimate of the impact,if any,the Change Order will have on the Contract Time.
13.2.1 Project Manager Approval. If the Change Order request does not result in an increase in the Estimated
Cost,the City's project manager shall either approve or reject the Change Order in writing within ten
(10)Working Days of receiving D/B's written notice, provided D/B has submitted complete
documentation substantiating the need for such Change Order, If City fails to respond to D/B's written
notice within the ten(10)Working Days,the Change Order request shall be deemed denied.
13.2.2 City Council Approval. For Change Orders not subject to section 12.2.1,City Council approval is
required. The City Council may either approve,reject,or approve in part such Change Orders,
Council Approval shall not be subject to the ten(10)Working Day response time provided for in
section 12.3.1.
13.3 Written APRroval of Change Orders. D/B shall not proceed on work requested under a Change Order,
absent written approval from the appropriate authority. Any Services or Work, which require t he approval of
a Change Order,perform by D/B prior to approval shall not be reimbursed.
13.4 Failure to Agree on Cost of Change Order or Time. In the event there is any disagreement or dispute
between the Parties as to whether the D/B is entitled to a Change Order, the amount of the Change Order or
any increase in Contract Time requested through the Change Order,the dispute shall be resolved by the
Director of Public Services. If the determination of the Director of Public Works is challenged,such challenge
shall be address in the manner identified in Section 29.17. D/B shall not have the right to stop or delay in the
prosecution of any services or work, including services or work that is the subject of the Change Order(if
directed by the City),pending the determination of the Director of Public Services or, if applicable, final
resolution. Instead,D/B shall continue diligently prosecuting all such services and work.
13.4 Full Compensation. Payment to D/B for Change Orders shall provide full compensation for all equipment,
materials, labor, field and home office overhead,mark-ups,and profit necessary to complete the work. By
executing a Change Order,the D/B or DB's representative acknowledges that no additional compensation or
claims for items of work listed in the Change Order will be allowed.
13.5 Errors and Omissions. D/B shall not be reimbursed for any costs or expenses of a Change Order resulting
from a design error or omission, D/B's negligence,or the negligence of any of DB's agents or subagents. D/B
shall be reimbursed for any costs or expenses of a Change Order resulting from a design error or omission that
is the direct result of a City request for such design or omission. The City reserves the right to seek
reimbursements for any funds used due to errors or omissions of the Design Consultants, DB's negligence,or
the negligence of any of DB's agents,or subcontractors.
13.6 City Refusal to Approve Change Order. DB shall not have the right to terminate this Agreement for the
City's refusal to approve a Change Order pursuant to Sections 12.2.1or and 12.2.3
ARTICLE XIV. EXTRA WORK
14.I City Authoritv to Order Extra Work. City may at any time prior to Project Completion order Extra Work
on the Project. The sum of all Extra Work ordered shall not exceed five percent(5%)of the Estimated Cost at
the time of the Bid Award, without invalidating this Agreement and without notice to any surety.
14.1.1 Requests in Writing. All requests for Extra Work shall be in writing, shall be treated as,and are
subject to the same requirements as Change Orders. D/B shalI not be responsible for failure to perform
Extra Work, which was requested in a manner inconsistent with this section.
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I4.2 Bonds Re uired for Extra Work. DB's and its agents'bonds,required under Article XXIV,shall cover any
Extra Work provided that the Extra Work is paid for by the Project Budget
14.3 Reimbursement for Extra Work. Work performed by DB as Extra Work is reimbursable in the same
manner described in Article XVI. The Project contingency as described in Article X, will be used first to cover
the costs of Extra Work.
14.4 Ma D/B will be paid a reasonable allowance for overhead and profit for Extra Work. The allowance
shall not exceed five percent(5%)of the approved costs for the Extra Work.
ARTICLE XV.CHANGED CONDITIONS
15.1 Changed Conditions. Changed Conditions shall be addressed under the Greenbook section 3-4;however,
Parties acknowledge that even if Changed Conditions are found to be present,the Project shall not exceed the
GMP without express City Council approval of an increase to the Project Budget.Absent such express
approval of additional funds, DB shall provide City with value engineering and Parties will return Project to
within the total Project cost.
ARTICLE XVI. PAYMENT TERMS
16.1 Payment
16.1.1 Funds for Payment. DB shall only be entitled to payment for Services and Work performed under this
Agreement from the funds appropriated for the Project.
16.1.3 Maximum Payment. DB shall be entitled to payment in an amount not to exceed the GMP or
subsequently approved increase in GMP. DB is not entitled to payment for unapproved expenses,
unapproved increases in costs,or other increases caused by DB negligence,omissions,or failure to
seek approval for additional or increased costs.
16.1.5 Application for Payment. DB shall submit to City a certificate and application for payment on or
before the 5`h day of each calendar month("Payment Application"). The Payment Application shall be
based upon the percentage of completion of the Schedule of Values plus any Reimburseable Costs,less
any payments previously made by the City,incurred or advanced for the Project for which DB was
has not previously received payment. The Payment Application must include all relevant documents
in accordance with Section 15.1.6. If the City determines that all relevant documents have not been
submitted,City shall request that DB provide additional documentation. DB shall provide additional
documentation within ten (10)Working Days of request.City is not obligated to make payment to DB
until City has received all relevant documentation to support Reimbursement Request. After all
appropriate cost documentation has been received and City approves the Payment Application,City
shall make payment to DB of all uncontested charges within thirty(30)Calendar Days of receipt of a
complete Payment Application.
16.1.5.1 Withholding. From each payment, five percent(5%) will be deducted and retained by the
City,and the remainder will be paid in accordance with the terms and conditions of this
Agreement. No payment made to DB or its sureties will constitute a waiver of any rights the
City has under this Agreement. This section is not intended to limit any rights the City may
have under the Performance or Payment Bond. In lieu of withholding retention under this
Agreement,at the election of DB,City will deposit retention amounts into escrow and/or the
substitution of securities for money as provided in California Public Contract Code Section
22300.
16.1.5.2 Payment of Withholding. The City will pay the D/B for the amounts withheld thirty-five(35)
Calendar Days from recordation of the Notice of Completion,providing that no Stop Notices
or Mechanic's Liens have been filed since the recordation of the Notice of Completion.
16.1.5.2.1 Where a Stop Notice or Mechanic's Lien has been filed following the recordation of
the Notice of Completion, the amount in controversy shall continue to be withheld
until a fully executed release of Stop Notice or Mechanic's Lien has been filed and
a conformed copy delivered to the City.
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16.1.5.3 Contested Charges. In the event City contests any charges contained in the Payment
Application,the dispute shall be resolved in the manner identified in Section 21.6. D/B shall
not have the right to stop or delay in the prosecution or any Services of Work,pending the
determination of the Director of Public Works or, if applicable, final resolution. Instead D/B
shall continue to diligently prosecute all Work and Services. During the time of the dispute,
the City shall withhold the amount of the charge in question.
16.1.5.3 Cutoff for Submission of Reimbursement Requests. D/B shall submit all Reimbursement
Requests within six(6)months of the date on which Final Completion occurs and City
accepts the Project. Any Reimbursement Request submitted after the Cutoff Date shall not be
reviewed or included in Reimbursable Cost.
16.1.6 Verification of Reimbursement Request. DB shall supply documentation to support the
Reimbursement Request including,but not limited to,proof that all mechanic liens have been released,
copies of invoices received and copies of cancelled checks,substitute checks, or image replacement
documents showing that payment has been made in connection with the Reimbursement Request in the
following manner:
16.1.6.1 D/B shah submit two(2)copies of a Reimbursement Request(cover letter,invoice,and
documentation)to the City.
16.1.6.2 After review and approval,the City shall prepare a memorandum to the Financing
Department that the invoice is appropriate to pay.The memorandum shall indicate any costs
to be disallowed and the reason for the disallowance.
16.1.6.4 Prior to the approval of the Reimbursement Request,City has the right to verify whether
or not the materials and work for which reimbursement is being requested have been
installed and performed as represented in the Reimbursement Request,
16.1.8 Non-reimbursable Costs. Except to the extent that City expressly assumes the risk of loss under this
Agreement,City shall exclude from the amounts payable to D/B the fair value,as determined by City,of property
that is destroyed, lost,stolen,or damaged rendering it undeliverable or unusable for City. In addition, D/B is not
entitled to reimbursement for any cost or expenditure that has not been approved by the City in the manner required
by this Agreement or the City Charter and rules,regulations, or laws promulgated there-under.
ARTICLE XVII.INSPECTION
17.1 Inspection Team. The Project shall be inspected by a team composed of, at a minimum,the following: i.)
representatives of the City, ii.)representative from DB's Design Team,iii.)the Construction Manager,and
iv.Representative,(iii)DB's Consultant(s),and(e)the DB's construction superintendent [Inspection Team]
17.2 Inspection Stages. The Project shall be inspected by the Inspection Team at minimum during the following
stages: (i)when required by code,(ii.)as directed by the"Special Inspections"provision, (iii)bi-weekly.
17.3 Access. City, its consultants, subcontractors,independent testing laboratories as well as other governmental
agencies with jurisdictional interests will have access at reasonable times with the project managers approval
for this observation, inspecting and testing. D/B shall provide them proper and safe conditions for such access
and advise them of DB's safety procedures and programs so that they may comply.
17.4 Additional Inspections. City will make,or have made, such inspections and tests,as the City deems
necessary to see that the Work is being accomplished in accordance with the requirements of the Construction.
17.5 Notice. D/B shall give City timely notice of readiness of the Work for all required on and off-site inspections,
tests,or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or
tests. D/B shall give at least 24 hours notice for on-site inspection and five(5)days notice for off-site
inspection.
17.6 Costs of Inspection. Unless otherwise specified, the cost of inspection and testing will be borne by the City.
Any expenses associated with re-inspection shall be borne by D/B.
17.7 Concealing Work. Prior to concealing work, D/B shall obtain approval of work from the City and as required
by all State Building Codes. City has the right to stop or suspend Work activities which will conceal or cover
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up DB Work product which is to be inspected or tested,or which will interfere with the inspection or testing
activities,for a reasonable time and DB will have no right to additional cost or time it may incur as a result of
the Work stoppage.
17.8 Defective Work. In the event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents or defective work,the provisions and process of Article XXII shall apply.
17.9 Not a Waiver of Obligations. Neither observations by the City nor inspections,tests, or approvals by City or
others shall relieve DB from D/B's obligations to perform the Work in accordance with the Construction
Documents.This approval is general approval only and in no way relieves DB of its sole responsibilities under
this Agreement or any and all laws,codes,permits or regulations.
ARTICLE XVIII. PROJECT COMPLETION
18.1 Notice to City. When DB determines that the Project is complete,DB shall notify the City in writing of the
Projects status within seven (7)Calendar Days of the D/B's determination. The notice shall certify to City that
the Project has been completed in accordance with the Construction Documents,all applicable building codes
and regulations,all permits, licenses,and certificates of inspection, use and occupancy,and ordinances relating
to the Project.
18.2 Walk-Through Inspection. A preliminary Walk-Through Inspection shall be conducted by City within ten
(10)Working Days following DB's notice to City of completion ("Walk-Through Inspection").The Walk-
Through Inspection will be conducted by the Inspection Team identified in Article XVII,Section 16.1.
18.2.1 Punch List. A Punch List, if necessary, shall be prepared by City during the Walk-Through Inspection.
The Punch List shall be presented to DB by the RE within three(3)Working Days of the Walk-
Through Inspection. DB shall correct the items listed on the Punch List within thirty(30)Calendar
Days of receipt of the punch list and prior to the Final Inspection.
18.2.2 Failure to Identify Items. As to any items not included on the Punch List or later discovered,nothing
in this section is intended to limit DB's obligations under this Agreement and City will maintain all
remedies available under this Agreement and the law.
18.3 Equipment Demonstration. Prior to final inspection,DB shall demonstrate to City the operation of each
system in the Project,and instruct City personnel in operation,adjustment and maintenance of equipment and
systems,using the operation and maintenance data.
18.3.1 Startup. The DB shall supervise, manage,and coordinate all project startup and testing activities for
mechanical systems within the provisions of the project Contract Documents.
18.3.2 Reporting. The DB shall report progress of project startup and testing to the City in a manner
consistent with the City's reporting system.
18.4 Final Inspection. Provided D/B has corrected the Punch List items and notified the City of the correction
("Notice of Correction"), the Final Inspection for the Project shall be scheduled and conducted within ninety
(90)Calendar Days of the Notice of Correction.
ARTICLE XIX. PROJECT ACCEPTANCE AND FINAL COMPLETION
19.1 Acceptance. Upon approval by the Inspection Team during the Final Inspection that Project improvements are
complete and that work required on the Punch List has been finished,City shall accept the Project
("Acceptance"). Upon Acceptance,DB shall do all of the following:
19.1.1 Notice of Completion. DB shall execute and file a Notice of Completion with the County Recorder of
San Diego County and shall provide the RE with a conformed copy of the recorded Notice of
Completion.
19.1.2 Lien and Material Releases. DB shall cause all contractors and subcontractors to provide lien and
material releases as to the Project and provide copies of such lien and material releases to the City or,
upon approval of City which shall not be unreasonably withheld,provide bonds in lieu of lien and
material releases in a form reasonably acceptable to City for all such work.
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19.2 Final Completion. Final Completion of the Project shall be deemed to occur on the last date of the following
events: (i)recordation of the Notice of Completion with a conformed copy to City;(ii)submission of all
documents required to be supplied by D/B to City pursuant to this Agreement, including As-Built Drawings,
warranties,and operating and maintenance manuals;or issuance of a final certificate of occupancy.
19.2.1 As-Builts. City will evaluate the submitted As-Builts for accuracy and completeness and may return
comments.D/B shall meet with City until all issues are resolved. Upon issue resolution, in
accordance with disputed work procedures in Section 21.6,D/B shall submit a mylar set and three
(3)final blueline sets of As-Builts stamped by the architect/engineer of record as required by law.
19.2 No Waiver. DB's obligation to perform and complete the work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress payment or acceptance of work, nor any payment
by City to D/B under the Contract Documents, nor any use or occupancy of the Project or any part thereof by
City, nor any act of acceptance by City, nor any failure to do act, nor any review of a shop drawing or sample
submittal, will constitute an acceptance of work, which is not in accordance with the Contract Documents.
ARTICLE XX. PROJECT DELIVERABLES
20.1 Proiect Deliverables. Prior to Acceptance, DB shall deliver all of the following to the City in the format
required:
20.1.1 As-Builts. D/B shall provide As-Builts on 3 sets of paper and electronic format( pdf)or CAD files on
CD disks.
20.1.1.1 As-Builts shall show by dimension accurate to within one(I) inch,the centerline of each run
of conduits and circuits,piping,ducts,and other similar items as determined by City,both
concealed and visible.D/B shall clearly identify the item by accurate note such as"cast iron
drain,"galvanized water,etc. D/B shall clearly show,by symbol or note,the vertical location
of the item("under slab", "in ceiling", "exposed",etc.),and make all identification
sufficiently descriptive that it may be related reliably to the specification. D/B shall
thoroughly coordinate all changes on the As-Builts making adequate and proper entries on
each page of specifications and each sheet of drawings and other documents where entry is
required to properly show the change.
20.1.1.2 D/B shall include all of the following on the As-Builts:
20.1.10.2.1 Depth e f f unda6en . ,.F...:,.., finished fi. . AAAF
20.1.10.2.2 Horizontal and vertical locations of underground utilities and appurtenances, with
references to permanent surface improvements.
20.1.10.2.3 Locations of internal utilities and appurtenances, with references to visible and
accessible features of the structure.
20.1.10.2.4Field changes of dimensions and details.
20.1.10.2.5Changes authorized by approved proposal requests,construction Change Orders,
discussion with City that resulted in any change/deviation from City's program,
specifications,approved plans,equipment or materials.
20.1.10.2.6Details not issued with original Construction Drawings,design/build plans
deferred approvals,etc.
20.1.10.2.7Upon completion of work, obtain signature of licensed surveyor or civil engineer
on the Project record set verifying layout information.
20.1.I0.2.8Show locations of all utilities on-site with size,and type of pipe,if different than
specified,and invert elevations of pipe at major grade and alignment changes.
20.1.10.2.9The title"PROJECT RECORD"in 3/8"letters.
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20.1.10.3 D/B shall maintain a set of As-Builts at the Project site for reference. D/B shall ensure that
changes to the As-Builts are made within twenty-four(24)hours after obtaining information.
Changes shall be made with erasable colored pencil(not ink or indelible pencil), shall clearly
describe the change by note(note in ink,colored pencil or rubber stamp)and by graphic line,
shall indicate the date of entry,shall circle the area or areas affected and,in the event of
overlapping changes, use different colors for each change.
20.1.1 1 Operation and Maintenance Manuals. D/B shall submit all Operation and Maintenance manuals
prepared in the following manner:
20.1.11.1 In triplicate,bound in 8%z x I I inch(216 x 279 mm)three-ring size binders with durable
plastic covers prior to City's Final Inspection.
20.1.11.2 A separate volume for each system, including but not limited to,mechanical,electrical,
plumbing, roofing,irrigation,and any other system as determined by City, with a table of
contents and index tabs in each volume as follows:
20.1.11.2.1 Part 1: Directory,listing names, addresses,and telephone numbers of DB's
subcontractors,agents,suppliers, manufacturers,and installers.
20.1.1 1.2.2Part 2: Operation and Maintenance Instructions,arranged by specification
division or system.For each specification division or system,provide names,
addresses and telephone numbers of DCB's agents,suppliers,manufacturers,and
installers. In addition,list the following: (i)appropriate design criteria;(ii) list of
equipment; (iii)parts list; (iv)operating instructions;(v) maintenance instructions,
equipment; (vi)maintenance instructions, finishes;(vii)shop drawings and
product data;and(viii)warranties.
20.2 Ownership of Proiect Deliverables. Upon Final Completion or Termination,Project Deliverables shall
become the property of the City. D/B and City mutually agree that the Contract documents for the Project
shall not be used on any other work without the consent of each Party. Assemble and deliver to City upon
Final Completion all records,documents, warranties,bonds,guarantees, maintenance/service contracts,and
maintenance and operating manuals
ARTICLE XXI.WARRANTIES
21.1 Warranties Required. D/B shall provide and require its agents to provide the warranties listed below.This
warranty requirement is not intended to exclude,and shall not exclude,other implicit or explicit warranties,
guarantees or relevant manufacturer's warranty period provided,required or implied by law.
21.1.1 Materials and Workmanship. D/B shall guarantee, and shall require its agents to guarantee, all work
on the Project against defective workmanship and materials furnished by D/B for a period of two(2)
years from the date of Project's Final Completion. D/B shall replace or repair any such defective work
in a manner satisfactory to City, after notice to do so from City,and within the time specified in the
notice.
21.1.2 New Materials and Equipment. D/B shall warrant and guarantee,and shall require its agents to
warrant and guarantee,to City that all materials and equipment incorporated into the Project are new
unless otherwise specified.
21.1.3 Design., Construction, and Other Defects. D/B shall warrant and guarantee,and shall require its agents
to warrant and guarantee to City that all work is in accordance with the Plans and Specifications and is
not defective in any way in design,construction or otherwise.
21.2 Form and Content. Except manufacturer's standard printed warranties,all warranties shall be on DB's and
D/B's agent's,material supplier's, installer's or manufacturer's own Ietterhead, addressed to City. All
warranties shall be submitted in the format specified in this section, modified as approved by City to suit the
conditions pertaining to the warranty.
21.2.1 Durable Binder. Obtain warranties,executed in triplicate by D/B, D/B's agents, installers, and
manufacturers. Provide Table of Contents and assemble in binder with durable plastic cover.
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21.2.2 Table of Contents. All warranties shall be listed and typewritten in the sequence of the Table of
Contents of the Project manual, with each item identified with the number and title of the specification
section in which specified,and the name of product or work item.
21.2.3 Index Tabs. Separate each warranty with index tab sheets keyed to the Table of Contents listing.
21.2.4 Detail. Provide full information,using separate typewritten sheets,as necessary. List D/B's agents,
installer,and manufacturer, with name,address and telephone number of responsible principal.
21.2.5 Warranty Start Date. Except for items put into use with D/B's permission with date mutually agreed
upon in writing, leave date of beginning of time of warranty open until the date of Final Completion.
21.2.6 Signature and Notarization. All warranties shall be signed and notarized. Signatures shall be required
from DB's construction contractor and where appropriate,the responsible subcontractor.
21.3 Term of Warranties. Unless otherwise specified or provided by law,warranties shall extend for a term of
two(2)year(s)from the date of Final Completion.
20.3.1 Rlaw& Tf;ees-, ao?4 Shr-u&g.: N9t wiihs;anding abeye, a!l shrubs and gFound eaver.shall have a ninety
(90)Qlendai Pay WaFFaRt5'rOFi0d aREI tFees shall have a aiie (1)yeai:war-FaRty PeFied. All plant
21.4 Meetines. During the two(2)year warranty period described in Section 20.3, D/B shall meet,and shall
require its design Consultant,construction contractor,and key subcontractors to meet, with the City
representatives,on a monthly basis, if requested by City.This meeting shall be held to discuss and resolve any
problems that City discovers in design,construction,or furnishing, fixtures,and equipment of the Project
during the two(2)year warranty period.
21.5 Warranty Inspection. At 180 and 360 days following Final Completion,during the one-year general building
warranty period, D/B shall inspect each component of the Project,identify items requiring repair, and oversee
and complete such repairs. Findings of such inspections shall be reported to the City.
ARTICLE XXII.DEFECTIVE WORK
22.1 Correction,Removal,or Replacement. If within the designated warranty period,or such additional period as
may be required by law or regulation,the Project is discovered to contain Defective Work, the D/B shall
promptly and in accordance with the City's written instructions and within the reasonable time limits stated
therein,either correct the Defective Work,or if it has been rejected by City,remove it from the site and replace
it with non-defective and conforming work.
22.2 City's Right to Correct. If circumstances warrant, including but not limited to an emergency or D/B's failure
to adhere to section 21.1,City may correct,remove,or replace the Defective Work. In such circumstances,
D/B shall not recover costs associated with the Defective Work and shall reimburse the City for all City's
costs, whether direct or indirect, associated with the correction or removal and replacement.
22.3 Non-Reimbursable Costs. All costs incurred by D/B or DB's agents to remedy defects are non-reimbursable
costs. If the City has already reimbursed the D/B for the defective work,City is entitled to an appropriate
decrease in Reimbursable Costs,to withhold a setoff against the amount,or to make a claim against DB's
bond if D/B has been paid in full.
22.4 Extension of Warranty- When Defective Work,or damage therefrom, has been corrected,removed,or
replaced during the warranty period,the two(2)year, or relevant manufacturer's warranty period, will be
extended for an additional two(2)years from the date of the satisfactory completion of the correction, removal,
or replacement.
22.5 No Limitation on other Remedies. Exercise of the remedies for defects pursuant to this Article shall not limit
the remedies City may pursue under this Agreement or law.
22.6 Disputes. If D/B and City are unable to reach agreement on disputed work,City may direct D/B to proceed
with the work and compensate D/B for undisputed amounts. Payment of disputed amounts shall be as later
determined by the Director of Public Works. If this decision is contested,the claims procedure in 30.17 shall
be followed. D/B shall maintain and keep all records relating to disputed work for a period of three(3)years in
accordance with Article XXVIII.
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ARTICLE XXIII. MAINTENANCE OF LANDSCAPING & IRRIGATION WORK
23.1 Re-rood— 14 1_:VR_ is Fequir-ed to install or-mainiain landseaping and/eF iFFigatiafi, DAB shall PFBN'ide
eompleie,eheeked,appFeved by City,and City has giVeR%'FilleR approval to begin the fflaiRtOROHLBe PeFied,
and shall eewinue theFeafter f6f:fiiReiy(90)Calendar-Days or umil Pr-ejeet Aeeeptanee, Whiehe*ff iS iffiffiediatelY after @08h Plafit is Plafiled. NaRIS Shill!be kept iR a heallhy,gF i — ondition and-H a-visually
Landscape afeas shall be kep!"o of weeds, nd all ether uRdesired Vi?g0taliYO ff@W�h afld
f9k1A@@R(14)days.MaintenaRee shall also inelude the fellswiag� (0) .
Filling
whieh may cause standing water--; (ii)Adjusting ef SffiflkleF head height and wateFiflg pa!!@FR� (iii)Filliflg afid
PeF'A'OelE, (vi4 Proteeiing all planting areas against tf:affie 9F ather-potential eakises of
he q_P_,h.Pd_Uled wi1h t%,e (2) weeks Ret;e �f Hinety(90)CalendaF Days af4er-�he plant
IRM.9P.n4a Ma*ntpuanee Period. DAB shall emend eempletion of the maiRtenanee per-iod wheR, in City's
WeRaRC-e HWAOF POSSible P88f OF UAhealthy condition of planted material is evident at the-
teFmmat oft of thA,;r-h@d,,'Pd
23.6 Repleeement. Plants feund to he dead Ew n0t iF1 a VigOF014S ewidition,6r-if FBet balls have be@R damaged,
diagnosis of plant health by a neFtifiewl PA ka
2.4.6.1 game Kh?d and&ze. Rams used fOF Feplaeement shall be same kind and size as speeAed and shall be
f
damaged ElElFiRg Fepla6effieRtS shall he borne by DAB and shall not be ReiffibUFsable
C=asts'
,
C�
ARTICLE XXIV.BONDS
24.1 Payment Bond_ D/B shall provide or require its Construction Contractor to provide City with a Payment
(material and labor)Bond in favor of City for one hundred percent(100%)of the Hard Construction Costs.
24.2 Performance Bond. D/B shall provide or require its Construction Contractor to provide City with a Faithful
Performance Bond in favor of the City for one hundred percent (100%)of the GMP,
24.3 Term. The Payment Bond shall remain in full force and effect at least until the Project is accepted by the City
and all claims for materials and labor are paid, for a minimum of forty-five(45)Calendar Days after the filing
of the Notice of Completion,except as otherwise provided by law or regulation. The Performance Bond shall
remain in full force for thirty(30)Calendar Days following the filing date of the Notice of Completion and
Acceptance,at which time it will convert to a ten percent(10%)warranty bond, which shall remain in place
until the end of all warranty periods set forth in this Agreement.
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24.4 Certificate of Agency. All bonds signed by an agent must be accompanied by a certified copy of such agent's
authority to act.
24.5 Licensing and Rating. The bonds shall be duly executed by responsible surety companies admitted to do
business in the State of California, licensed or authorized in the jurisdiction in which the project is located to
issue bonds for the limits required by this agreement, listed as approved by the United States Department of
Treasury Circular 570,and whose underwriting limitation is sufficient to issue bonds in the amount required by
this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure,except as provided otherwise by laws or regulations, secured through an authorized agent with an
office in California, and have a minimum AM Best rating of"A-".
24.6 Form. All bonds shall be in the form prescribed by City Attorney.
24.6 Insolvency or Bankruutcy. If the surety on any bond furnished by the Construction Contractor is declared
bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the
Project is located,DB shall within seven(7)Calendar Days thereafter substitute or require the substitution of
another bond and surety,acceptable to the City.
ARTICLE XXV.INDEMNITY&DUTY TO DEFEND
25.1
Indemnity Defense and Hold Harmless-General Re uirement. Except for liability for Professional Services
covered under Section 24.2,DB shall defend,indemnify,protect and hold harmless the City, its elected and
appointed officers 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 DB,
its officials,officers,employees,agents,and contractors,arising out of or in connection with the performance
of the Defined Services or this Agreement. This indemnity provision does not include any claims,damages,
liability,costs and expenses(including without limitations,attorneys fees)arising from the sole negligence or
sole willful misconduct of the City,its officers,employees. Also covered is liability arising from,connected
with,caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents,officers,or employees which may be in combination with the active or passive negligent acts or
omissions of the DB,its employees,agents or officers,or any third party.
,
its�ffieials,offieem,employees,agents,and eafiwaetffS,aFiSiflg out of or-in connection with the per-fer-mance
of the Defined SeryiWS OF this AgFeement. This indemnity PFOViSiOR E1805 H@t iRe!Ude afly elaiFHS, ,
liability,eests and e*penses(ineluding with(3ut limitations,attemeys fees)or-ising ftem the sole negligenee 9
so.le.eF willful Fniseenduct of the City,its effieer-s,employees,agents,eOMFBetar, Alse eE)VeFed is liability
afflissiefis Of the City, its age"ts,officer-s'OF effiplayees whieh may be in e-embiRaiien with the aet-ye or
,
v-Aue of this AgFeement,except feF losses eaHsed by the P/B's intentieRal miseenduet. This abselute
.
25.2 Professional Services. For those professionals who are required to be licensed by the state(e.g.architects,
landscape architects,surveyors and engineers)("Design Professionals"), Design Professionals 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 any negligence,errors or omissions,recklessness, or willful misconduct of Design Professional, its officials,
officers,employees,agents,DBs, and contractors arising out of or in connection with the performance of the
Design Professional's Services. Also covered is liability arising from,connected with,caused by,or claimed to
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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 Design Professional,
its employees,agents or officers,or any third party.The Design Professional's duty to indemnify,protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful
misconduct of the City,its agents,officers or employees.This section in no way alters,affects or modifies the
Design Professional's obligation and duties under this Agreement.
25.3 Indemnification for Liens and Stop Notices. The DB shall keep the Project and Property free of any
mechanic's liens and immediately secure the release of any stop notices. The DB shall defend, indemnify,
protect, and hold harmless,the City, its agents,officers and employees from and against any and all liability,
claims,costs,and damages, including but not limited to, attorney fees,arising from or attributable to a failure
to pay claimants. DB shall be responsible for payment of all persons entitled to assert liens and stop notices.
25.4 Indemnification for Hazardous Materials. DB agrees to defend, indemnify,and hold harmless, the City, its
agents,officers and employees from and against any and all costs,damages,claims,and liabilities, including
reasonable attorney fees, foreseeable or unforeseeable,directly or indirectly,arising from or related to the
Hazardous Materials identified in the Phase I or Phase II Reports, if any,conducted pursuant to Article V.
DB's indemnity shall survive the close of escrow. Seller expressly preserves its rights against other parties
and does not release,or waive its rights to contribution against,any other party.
25.5 Costs of Defense and Award. Included in the obligations in Sections 25.1 through 25.4,above,is the DB's
obligation to defend,at DB's own cost,expense and risk,any and all aforesaid suits,actions or other legal
proceedings of every kind that may be brought or instituted against the City, its directors,officials,officers,
employees,agents and/or volunteers. DB shall pay and satisfy any judgment,award or decree that may be
rendered against City or its directors,officials,officers,employees,agents and/or volunteers,for any and all
legal expense and cost incurred by each of them in connection therewith.
25.6 Insurance Proceeds. DB's obligation to indemnify shall be restricted to insurance proceeds, if any,received
by the City, its directors,officials,officers,employees,agents,and/or volunteers.
25.7 Enforcement Costs. DB agrees to pay any and all costs City incurs enforcing the indemnity and defense
provisions set forth in this Article XXV.
25.8 Survival. Consultant's obligations under this Article XXV shall survive the termination of this Agreement.
ARTICLE XXVI. INSURANCE
26.1 General.
DB shall not begin work under this Agreement until it has: (i)obtained,and upon the City's request provided
to the City,insurance certificates reflecting evidence of all insurance required in section 2526.2;(ii)obtained
City approval of each company or companies;and(iii)confirmed that all policies contain the specific
provisions required by section 256.4.
26.2 Types of Insurance. At all times during the term of this Agreement,DB shall maintain insurance coverage as
follows:
26.2.1 Commercial General Liability. Contractor shall provide at its expense a policy or policies of
Commercial General Liability [CGL] Insurance written on an ISO Occurrence form CG 00 0107 98 or
an equivalent form providing coverage at least as broad and which shall cover liability arising from
premises and operations,XCU(explosions, underground,and collapse)independent contractors,
products/completed operations,personal injury and advertising injury, bodily injury,property damage,
and liability assumed under an insured's contract(including the tort liability of another assumed in a
business contract).There shall be no endorsement or modification of the CGL Insurance limiting the
scope of coverage for either"insured vs. insured"claims or contractual liability. Contractor shall
maintain the same or equivalent CGL Insurance as described herein for at least ten(10)years
following substantial completion of the work. All costs of defense shall be within the policy limits.The
Policy shall provide for coverage in amounts not less than two million dollars($2,000,000)per
occurrence for Bodily Injury,Personal Injury,or Property Damage, If Commercial General Liability
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Insurance or other form with a general aggregate limit shall apply separately to this project/location,
the general aggregate limit shall be twice the required occurrence limit.
26.2.2 Commercial Automobile Liability. For all of DB's automobiles used in conjunction with the Project
including owned,hired and non-owned automobiles, DB shall keep in full force and effect, a policy or
policies of Commercial Automobile Liability Insurance written on an ISO form CA 00 01 12 90 or a
later version of this form or equivalent form providing coverage at least as broad in the amount of one
million dollars($1,000,000)combined single limit per occurrence,covering bodily injury and property
damage for owned,non-owned and hired automobiles ["Any Auto"]. All costs of defense shall be
within the policy.
this Agreement,DAB shall keep iR full feFee and offeet, OF DAB shall r-equiry shot its
eeveFage fOF PF@feSSi0FJal liability with a e9rabined single NFRit of one Faillien dallafs($1,000,900)peF
elaim and twe Faillion dellam($2,WQ,900)aRRUal aggFOgate.PAR shall ensure both that(i)this peli"
that iflffeaSeS the Gity'S eXPOSUFe tO 185S. 1_1_ k.11 be no ehanges eF endOFSeffieflir,19�he poliey
26.2.4 Excess Liability. DB shall provide Excess Liability Insurance affording two million dollars
($2,000,000)in excess of General Liability and Employer's Liability limits afforded on primary
policies. The coverage will be subject to the same terms,conditions,and exclusions found in the
primary policies.
26.2.5 Contractors Pollution Liability. '
.. . .- -3 cover-sueh aetivities in an amouRt not less than Combined Single Limit peF
264.5.1 Claims made pelieies will inelude a five(5)yeaF Ejxtended Claims DiseeyeFy Rer-imi
26.2.5.2 The peliey fer this insur-ame-A Q-13-All iRC!Ude Centffie!Ual Liability eBVeFage. SMeh peliey Shall
16:1 5 A Tho.]=-)Q or-its Gentraeters of any tier shall fUFR-Sh�0 the City a pakey of:CeFtifteate e
!RSUFaRee shall ROt Felieve the DM OF GORtFaetOF OFH th;ir-Obligations under this Sectiew.
26.2.6 Hazardous Transporters Pollution Liability.
not less than$1,000,000 G=efnbined Single Limit r8F eecur-Fenee/AggFegate fbF bodily
26.2.6.1 Claims Made pelieies will iRelude a five(5)yeaf 9,xtended Claims DiSeOveff Period
applieable to this AgFeeFneH;, if reasonably available,
this AgFeenient. The WB Eff itS eeRtFaeteFS of any tieF Shall ftwnish the City With a pOliey&F
eleeted and appointed OffieeFS and employees,and agents, the DAB,and
eefitr-aOtOF are named additional insur-eds.
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26.2-6.4
Disposal Site,and!he per-mits reOUFed fer-its disposal,This Ce*"ontA RNIS 190 ftiffliShed tO
this S
inif:
26.2.7 Worker's Compensation. For all of DB's employees who are subject to this Agreement and to the
extent required by the State of California, DB shall keep in full force and effect,a Workers'
Compensation Insurance and Employers' Liability Insurance to protect DB against all claims under
applicable state workers' compensation laws. The City,its elected officials,and employees will not be
responsible for any claims in law or equity occasioned by the failure of the DB to comply with the
requirements of this section. That policy shall provide at least the statutory minimums of one million
($1,000,000)for Bodily Injury by Accident for each accident, one million dollars($1,000,000) for
Bodily Injury by Disease each employee,and a one million dollars($1,000,000)for Bodily Injury by
Disease policy limit.
26.2.7.1 Prior to the execution of the Agreement by the City,the D/B shall file the following signed
certification:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to undertake self-
insurance, in accordance with the provisions of that code,and I will comply with such
provisions before commencing the performance of the work of the Contract."
26.2.8 BuildeF4 R" To the extem seFoFneFeially available,the City shall PFOYiele a policy of"-All ri-sk"
available.GOVOWe Will be PF@Vid@d fOF the Replacement Gest 4 Materials,Equipmen;and Pixtur-es destined to
time sueh iRSHFed PFE)PeFty is eeetipied by City,or-a Netiee ef Completion is filed, WhiOheYff WOWS
first. G8FItFaGiOF and its Subeentmeters will be selely FOSPORsible feF MY lass or damage te theiF
perseRal PFOPeFty, ineluding eewr-aeter's tools and equipmem awned, used, !eased sr f:ewed by the
26.3 Ratina Re uirements. Except for State Compensation Insurance Fund,all insurance required by express
provision of this Agreement shall be carried only by responsible insurance companies that have been given at
least an "A"or"A-"and"V"rating by AM BEST,that are authorized by the California Insurance
Commissioner to do business in the State of California,and that have been approved by the City.
26.3.1 Non-Admitted Carriers. The City will accept insurance provided by non-admitted, "surplus lines"
carriers only if the carrier is authorized to do business in the State of California and is included on the
List of Eligible Surplus Lines Insurers [LESLI list] with a current AM BEST rating of no less than
A:X.
26.4 Endorsements Required. Each policy required under Article XXVI, section 25.2 of this Agreement shall
expressly provide,and an endorsement shall be submitted to the City, that:
26.4.1 Additional Insureds. Except as to Architects and/or Engineers professional liability insurance and
Workers Compensation,the City of Chula Vista and its respective elected officials,officers,
employees,agents,and representatives shall be named as additional insureds.
26.4.1.1 Commercial General Liability. The policy or policies must be endorsed to include as an
Additional Insured the City of Chula Vista and its respective elected officials,officers,
employees,agents,and representatives. Liability Additional Insured Endorsement must be
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provided on ISO form CG 2010(11/85)or equivalent,specifically,coverage afforded City
must be Primary and must not exclude Completed Operations. The coverage for Projects for
which the Engineer's Estimate is one million dollars($1,000,000)or more shall include
liability arising out of: (i)Ongoing operations performed D/B or on DB's behalf,(ii)DB's
products, (iii)D/B's work, including but not limited to completed operations performed by
D/B or on DB's behalf,or(iv)premises owned,leased,controlled,or used by D/B;the
coverage for Projects for which the Engineer's Estimate is less than one million dollars
($1,000,000)shall include liability arising out of. (i)Ongoing operations performed by D/B
or on DB's behalf, (ii)D/B's products, work, including but not limited to completed
operations performed by D/B or on DB's behalf,or(iii)premises owned, leased,controlled,
or used by you; Except that in connection with,collateral to, or affecting any construction
contract to which the provisions of subdivision(b)of Section 2782 of the California Civil
Code apply, these endorsements shall not provide any duty of indemnity coverage for the
active negligence of the City of Chula Vista and its respective elected officials, officers,
employees,agents,and representatives in any case where an agreement to indemnify the City
of Chula Vista and its respective elected officials,officers,employees,agents,and
representatives would be invalid under subdivision(b)of Section 2782 of the California
Civil Code. In any case where a claim or loss encompasses the negligence of the Insured and
the active negligence of the City of City of Chula Vista and its respective elected officials,
officers,employees, agents,and representatives that is not covered because of California
Insurance Code Section 11580.04,the insurer's obligation to the City of San Chula Vista and
its respective elected officials, officers,employees,agents,and representatives shall be
limited to obligations permitted by California Insurance Code Section 11580.04.
26.4.1.1 Commercial Automobile Liability Insurance. Unless the policy or policies of Commercial
Auto Liability Insurance are written on an ISO form CA 00 01 12 90 or a later version of this
form or equivalent form providing coverage at least as broad,the policy or policies must be
endorsed to include as an Additional Insured the City of Chula Vista and its respective elected
officials,officers,employees, agents,and representatives, with respect to liability arising out
of automobiles owned,leased, hired or borrowed by or on behalf of the Contractor;Except
that in connection with,collateral to,or affecting any construction contract to which the
provisions of subdivision(b)of Section 2782 of the California Civil Code apply,this
endorsement shall not provide any duty of indemnity coverage for the active negligence of the
City of Chula Vista and its respective elected officials,officers,employees, agents,and
representatives in any case where an agreement to indemnify the City of Chula Vista and its
respective elected officials,officers,employees,agents,and representatives would be invalid
under subdivision(b)of Section 2782 of the California Civil Code. In any case where a claim
or loss encompasses the negligence of the Insured and the active negligence of the City of
Chula Vista and its respective elected officials, officers,employees,agents,and
representatives that is not covered because of California Insurance Code Section 115 80.04,
the insurer's obligation to the City of Chula Vista and its respective elected officials,officers,
employees,agents,and representatives shall be limited to obligations permitted by California
Insurance Code Section 11580.04.
26.4.2 Primary and Nora-Contributory. The policies are primary and non-contributing to any insurance or
self-insurance that may be carried by the City of Chula Vista,its elected officials, officers,employees,
agents, and representatives with respect to operations, including the completed operations if
appropriate, of the Named Insured. Any insurance maintained by the City of Chula Vista and its
elected officials,officers,employees,agents, and representatives shall be in excess of DB's insurance
and shall not contribute to it.
26.4.3 Waiver of Subrogation. 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.
26.4.4 Project General Aggregate Limit. The GGJ=pokey OF P@liGieS must be endorsed to PFE)Yide a
Designated ConstFuetion Preiee�GeneFal Aggregate Limit that will apply only to the WeFk per-fOffned
undeF!his Agne-em-eaw.Claims payments net arising f4am the Work shall ne�r-educe the Designated
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a
AggRgate Lifflil Shall be in addition te the 26.4.5 Written Notice. Except as provided for under California law,the policies cannot be canceled,non-
renewed or materially changed except after thirty(30)Calendar Days prior written notice by D/B to
the City by certified mail,as reflected in an endorsement which shall be submitted to the City,except
for non-payment of premium, in which case ten(10)Calendar Days notice shall be provided.
26.4.3.1 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.
26.4.6 Additional Insurance. D/B may obtain additional insurance not required by this Agreement.
26.4.7 Prior to Starting Work. Before performing any work, D/B shall provide the City with all Certificates
of Insurance accompanied by all endorsements.
26.5 Subcontractors. All coverages for subcontractors or subconsultants shall be subject to all of the requirements
stated herein. Subcontractors and Subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein. Subcontractors and Subconsultants shall name
City and D/B as additional insureds under its policies.
26.6 Obligation to Provide Documents. The D/B shall provide copies of documents including but not limited to
certificates of insurance and endorsements,and shall furnish renewal documentation prior to expiration of
insurance.Each required document shall be signed by the insurer or a person authorized by the insurer to bind
coverage on its behalf.The City reserves the right to require complete,certified copies of all insurance policies
required herein.
26.6.1 Cooperation. The D/B and its Contractors shall cooperate fully with and provide any information or
records requested by the City or regarding all aspects of the insurance and project,including but not
limited to claims,audit, payroll, insurance records and safety.Delays in reporting information to the
City may result in delays in progress payments to the D/B.
26.7 Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the
responsibility of D/B. Deductibles and self-insurance retentions shall be disclosed to and approved by the City
at the time the evidence of insurance is provided. At the option of the City,either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City,its officers,officials,employees and
volunteers;or the D/B shall provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations,claim administration and defense expenses.
26.8 Policy Changes. D/B shall not modify any policy or endorsement thereto which increases the City's exposure
to loss for the duration of this Agreement.
26.9 Reservation of Rights. The City reserves the right, from time to time,to review the Contractor's insurance
coverage, limits,deductible and self-insured retentions to determine if they are acceptable to the City.The City
will reimburse the Contractor for the cost of the additional premium for any coverage requested by the City in
excess of that required by this Agreement without overhead, profit,or any other markup.
26.10 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to
limit the DB's obligations under this Agreement, including Indemnity.
26.11 Material Breach. Failure to maintain,renew,or provide evidence of renewal during the term of this
Agreement may be treated by the City as a material breach of contract.
ARTICLE XXVII. TERMINATION/SUSPENSION OF WORK
27.1 — --- es. if a dice..,efy is Fn ate
amhaeelegieal Br-paleewelegieal interest,DAB shall immediately eease eper-atieRs On the area of the diseever-y
and shall fiet eentinue until OFdeFed by City. WheR FeSuFned,oper-ations within !be aFea of the diseeveFy shall
be as dir-eeted by City.
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Pi-se-Al.-er-ies which may be eRsswiwed may inelude, but are no�be limited to,dwel!iFig sites, stone
signigeaRee.
27.1.2 P�g she!!be emitled to aR e*tensioR offiffle -and-ea, We@Fdafl6e With the PFRYWORS-Of
this 4gfeemeat-.
27.2 Termination of Agreement by City for Cause. If, through any cause, D/B shall fail to fulfill in a timely and
proper manner DB's obligations under this Agreement,or if D/B shall violate any of the covenants,
conditions,agreements or stipulations of this Agreement,City shall have the right to terminate this Agreement
by giving written notice to D/B of such termination and specifying the effective date thereof at least five(5)
Calendar Days before the effective date of such termination.
27.3 Termination or Suspension for Convenience by City. City may terminate or suspend this Agreement at any
time and for any reason,by giving specific written notice to D/B of such termination or suspension and
specifying the effective date thereof,at least seven(7)Calendar Days before the effective date of such
suspension or termination. In the event of an emergency, advance notice shall not be required under this
provision.
27.4 Termination of Agreement by WO. D/B may terminate the Agreement upon ten(10)days written notice to
City, whenever either of the following occur:
27.4.1 Project Suspension. If the Project has been suspended under the provisions of Section 26.1 or 26.3,for
more than ninety(90)consecutive days through no fault or negligence of D/B,and notice to resume
Work or to terminate the Agreement has not been received from City within this time period;or,
27.4.2 Failure to Pay Amounts Due and Not in Dispute. If City fails to pay D/B any monies due and not in
dispute in accordance with the terms of this Agreement within ninety(90)Calendar Days, plus the ten
(10)Calendar Days afforded the City to remedy the failure,after presentation to City by D/B of a
request therefore.
27.5 D/B Action Required. Upon receipt of the Notice of Termination, D/B shall take any and all action that may
be necessary, or that the City Manager may direct, for the protection and preservation of the property related to
this Agreement that is in the possession of D/B and in which City has or may acquire an interest.
27.6 Possession Ownership,and Control of Documents. In the event that this Agreement is terminated in
accordance with Sections 26.2 through 26.4,all finished or unfinished documents,data,studies,drawings,
maps,plans,specifications,reports and other materials prepared by D/B,or any of its agents,Design
Consultants or Subcontractors,shall,at the option of the City,become the sole and exclusive property of the
City.
27.7 City Risht to Complete Project. In the event that the Agreement is terminated pursuant to this Article
XXVII,City may take possession of the Project and may complete the Project by whatever method or means
City may select.
26.7.1 Excess Costs. In the event that the costs to complete the Project exceed the balance of funds, which
had the Project been completed in accordance with this Agreement would have been due, the D/B shall
be liable for and pay such excess costs to the City.
27.8 Payment to D/B Due to Termination. Upon termination, D/B shall be entitled to receive just and equitable
compensation for satisfactory Work completed. In no event shall such amount exceed the total dollar amount
authorized by City, reduced by the amount of payments previously made and any deductions permitted herein.
The fair and reasonable amount shall be determined in good faith by City considering the following:
27.8.1 The price for completed services accepted,including any retention,by City not previously paid.
27.8.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory
expense allocable thereto. These costs are only for Work completed and accepted by the City based on
an audit of all Contractors' bills of materials and the timecards for Work actually performed.
27.8.3 A portion of the D/B Fixed Fee(overhead and profit)based on the percentage of Work completed on
the Project;however, if DB would have sustained a loss on the entire Agreement had it been
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completed,City shall allow no profit under this section and shall reduce the amount payable to reflect
the indicated rate of loss.
27.8.4 D/B and Design Subcontractor services through the date of termination based on actual time spent as
documented on timecards. Expenses shall be paid based on invoice and receipts provided by D/B.
27.8.5 Any amounts for Work or Services agreed to by the City Manager and D/B,but without duplication of
any amounts agreed to above.
27.8.6 Reasonable demobilization costs,to the effective date of such termination.
27.8.7 If termination occurs during Phase 1, II,or III, DB shall only be entitled to the Fees for Phases I, II, or
III,associated therewith,or the respective portion thereof.
27.9 Lost Profits. Under no circumstances will D/B be entitled to any consideration for lost profit or lost
opportunity costs.
27.IODeductions. The amount due D/B shall be reduced by amounts including the following:
26.10.1 Any claim that City has against D/B under this Agreement.
26.10.2 The agreed price for,or the proceeds of sale of, materials,supplies,or other things acquired by D/B or
sold under the provisions of this clause and not recovered by or credited to City.
26.10.3 Damages caused by DB's breach, including Excess Costs pursuant to Section 26.7.1,
26.I0.4 Property Destroyed,Lost,Stolen or Damaged. Except to the extent that City expressly assumed the
risk of loss, the City Manager shall exclude from the amounts payable to D/B, the fair value,as
determined by the City Manager,of property that is destroyed, lost,stolen,or damaged so as to
become undeliverable to City.
27.11Disuutes. if D/B does not agree that the amount determined by the City Manager is fair and reasonable. D/B
shall within thirty(30)Calendar Days of receipt of payment, shall gives notice of such disagreement to City.
The dispute shall be resolved in the manner provide for in Section 22.6.
27.12 Waiver of Claims. In the event of termination under this Article XXVI, failure of D/B to dispute amounts
paid in the manner and within the timeframe provided in Section 26.11 shall act as a waiver of any and all
claims for damages or compensation arising under this Agreement for any and all Work and Services
performed under this Agreement up to the effective date of Notice of Termination. D/B hereby expressly
acknowledges and agrees that such claims shall be waived as herein provided.
27.13Rishts of City Preserved. In the event that the Agreement has been terminated,the termination shall not
affect any rights or remedies of City against DB then existing or which may thereafter accrue. Any retention
or payment of moneys due D/B by City will not release D/B from liability. It is agreed that termination
hereafter will not in any way release, waiver,or abridge any rights the City has against D/B's performance
bond surety.
ARTICLE XXVIII. RECORDS AND AUDITS
28.1 Record System—Reimburseable Costs. D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, D/B shall include with each month payment application an
itemization of all such Reimbursable Costs actually incurred by DB,during the previous month. If requested
by the City,D/B shall provide all backup documentation supporting such Reimbursable Costs.
28.2 Record System—Hard Construction Costs. DB shall develop and maintain an accurate system for tracking
all Hard Construction Costs it incurs on the Project. Utilizing this system, D/B shall include with each
monthly application for payment an itemization of all Hard Construction Costs actually incurred by D/B during
the previous month.
28.3 Retention of Records. D/B,contractors,and subcontractors shall maintain data and records related to this
Agreement for a period of not less than three(3)years following receipt of final payment under this Agreement
or three(3)years following final settlement associated with the termination of this Agreement pursuant to
Article XXVII,above.
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28.2 Audit of Records. At any time during normal business hours,during the term of the contract plus and record
retention period and as often as the City deems necessary,D/B and any or all Contractors or subcontractors
shall make available to the City for examination at reasonable locations within the City/County of San Diego
all of the data and records with respect to all matters covered by this Agreement. DB and all contractors or
subcontractors will permit the City to make audits of all invoices, materials,payrolls,records of personnel,and
other data and media relating to all matters covered by this Agreement. If records are not made available within
the City/County of San Diego,then DB shall pay all the City's travel related costs to audit the records
associated with this Agreement at the location where the records are maintained. Such costs will not be
Reimbursable Costs.
28.2.1 Costs. DB and DB's agents shall allow City to audit and examine books,records,documents,and any
and all evidence and accounting procedures and practices that City determines are necessary to
discover and verify all costs of whatever nature, which are claimed to have been incurred,anticipated
to be incurred,or for which a claim for additional compensation or for Extra Work have been
submitted under this Agreement.
ARTICLE XXIX.NOTICES
29.1 Wry Any demand upon or notice required or permitted to be given by one Party to the other Party shall be
in writing.
29.2 Effective Date.Except in relation to Change Orders as provided for in section 28.4 or as otherwise provided
by law,any demand upon or notice required or permitted to be given by one Party to the other Party shall be
effective: (i)on personal delivery,(ii)on the second business day after mailing by certified or registered U.S.
Mail,return receipt requested,(iii)on the succeeding business day after mailing by Express Mail or after
deposit with a private delivery service of general use(e.g.,Federal Express)postage or fee prepaid as
appropriate,or(iv)upon successful transmission of facsimile.
29.3 Recipients. Except in relation to Change Orders,all demands or notices required or permitted to be given
shall be sent to all of the following:
29.3.1 Gordon Day,City's Project Manager
29.3.2 John Holbrook,Project Manager
29.3.3
29.4 Recipients of Change Orders.
28.4.1 Gordon Day, City's Project Manager
29.4.2 John Holbrook, Project Manager
29.4.3
29.5 Change of Address(es). Notice of change of address shall be given in the manner set forth in this Article.
ARTICLE XXX.MISCELLANEOUS PROVISIONS
30.1 Headings.All article headings are for convenience only and shall not affect the interpretation of this
Agreement.
30.2 Gender&Number. Whenever the context requires,the use herein of(i)the neuter gender includes the
masculine and the feminine genders and(ii)the singular number includes the plural number.
30.3 Reference to Paragraphs. Each reference in this Agreement to a section refers,unless otherwise stated,to a
section in this Agreement.
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30.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and are made a part
hereof.
30.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on
the part of the City or the Consultant,shall be deemed to be both covenants and conditions.
30.6 Inteeration.This Agreement and the Exhibits and references incorporated into this Agreement fully express
all understandings of the Parties concerning the matters covered in this Agreement. No change,alteration,or
modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties,their
officers,agents, or employees shall be valid unless made in the form of a written change agreed to in writing
by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and
agreements are merged into this Agreement.
30.7 Severability. The unenforceability, invalidity,or illegality of any provision of this Agreement shall not
render any any other provision of this Agreement unenforceable, invalid,or illegal.
30.8 Draftin Ambiguities. The Parties agree that they are aware that they have the right to be advised by
counsel with respect to the negotiations, terms and conditions of this Agreement,and the decision of whether
or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility
of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting of the Agreement.
30.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this
Agreement and the Exhibits,the main body of this Agreement shall control. If a conflict exists between an
applicable federal, state,or Iocal law,rule,regulation,order,or code and this Agreement,the law,rule,
regulation,order,or code shall control. Varying degrees of stringency among the main body of this
Agreement,the Exhibits,and laws,rules,regulations,orders,or codes are not deemed conflicts,and the most
stringent requirement shall control. Each Party shall notify the other immediately upon the identification of
any apparent conflict or inconsistency concerning this Agreement.
30.10 Prompt Performance.Time is of the essence of each covenant and condition set forth in this Agreement.
30.11 Good Faith Performance. The parties shall cooperate with each other in good faith,and assist each other in
the performance of the provisions of this Agreement.
30.12 Further Assurances. City and DB each agree to execute and deliver such additional documents as may be
required to effectuate the purposes of this Agreement.
30.13 Exhibits.Each of the following Exhibits is attached hereto and incorporated herein by this reference:
Exhibit A - RFP,Schedule of Values and Project Schedule and DB's Proposal.
30.14 Compliance with Controlline Law. The Consultant shall comply with all laws,ordinances,regulations,and
policies of the federal,state, and local governments applicable to this Agreement, including California Labor
Code section 1720 as amended in 2000 relating to the payment of prevailing wages as stated in the RFP,
during the design and preconstruction phases of a project,including inspection and land surveying work. In
addition, the Consultant shall comply immediately with all directives issued by the City or its authorized
representatives under authority of any laws,statutes,ordinances,rules, or regulations.The laws of the State of
California shall govern and control the terms and conditions of this Agreement.
30.15 Jurisdiction.Venue.and Attorney Fees., The venue for any suit or proceeding concerning this Agreement,
the interpretation or application of any of its terms,or any related disputes shall be in the County of San
Diego,State of California.The prevailing Party in any such suit or proceeding shall be entitled to a
reasonable award of attorney fees in addition to any other award made in such suit or proceeding.
30.16 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers
of the City as a chartered city of the State of California.
30.17 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out
of this agreement,against the City unless a claim has first been presented in writing and filed with the City
and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
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Municipal Code,as same may from time to time be amended,the provisions of which are incorporated by this
reference as if fully set forth herein,and such policies and procedures used by the City in the implementation
of same. Upon request by City,Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
30.18 Third Party Relationships. Nothing in this Agreement shall create a contractual relationship between City
and any third party;however,the Parties understand and agree that City,to the extent permitted by law, is an
intended third party beneficiary of all DB's contracts,purchase orders and other contracts between DB and
third party services. DB shall incorporate this provision into its contracts,supply agreements and purchase
orders.
30.19 Non-Assignment.The DB shall not assign the obligations under this Agreement,whether by express
assignment or by sale of the company, nor any monies due or to become due,without the City's prior written
approval.Any assignment in violation of this paragraph shall constitute a Default and is grounds for
immediate termination of this Agreement,at the sole discretion of the City.In no event shall any putative
assignment create a contractual relationship between the City and any putative assignee.
30.20 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in
force and effect whether or not any Parties to the Agreement have been succeeded by another entity,and all
rights and obligations created by this Agreement shall be vested and binding on any Party's successor in
interest.
30.21 Independent Contractors. The DB,any consultants,contractors,subcontractors,and any other individuals
employed by the DB shall be independent contractors and not agents of the City.Any provisions of this
Agreement that may appear to give the City any right to direct the DB concerning the details of performing
the Services under this Agreement,or to exercise any control over such performance, shall mean only that the
DB shall follow the direction of the City concerning the end results of the performance.
30.22 Approval. Where the consent or approval of a party is required or necessary under this Agreement, the
consent or approval shall not be unreasonably withheld.
30.23 No Waiver. No failure of either the City or the Consultant to insist upon the strict performance by the other
of any covenant,term or condition of this Agreement, nor any failure to exercise any right or remedy
consequent upon a breach of any covenant, term,or condition of this Agreement,shall constitute a waiver of
any such breach of such covenant,term or condition.No waiver of any breach shall affect or alter this
Agreement,and each and every covenant,condition,and term hereof shall continue in full force and effect to
any existing or subsequent breach.
30.24 Signing Authority. The representative for each Party signing on behalf of a corporation,partnership,joint
venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the
corporation, partnership,joint venture,or entity and agrees to hold the other Party or Parties hereto harmless
if it is later determined that such authority does not exist.
IN WITNESS WHEREOF,this Agreement the City of Chula Vista and [INSERT] have executed this Agreement
thereby indicating that they have read and understood same,and indicate their full and complete consent to its terms.
This Agreement is dated MJ0V 2014 and this date shall constitute the effective date of this
Agreement.
CITY OF CHULA VISTA,A Municipal Corporation Systems Analysis&Integration, Inc.,
dba S stems Inte ra
By: By_
CHERYL COX,Mayor Ms. Susan Corrales-Diaz, Presiden
36
2014-05-27 Agenda Packet Page 67
Approved as to form and legality:
By:
Glen Googins,City Attorney
Dated 2014
2014-05-27 Agenda Packet Page 68
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Susan Corrales-Diaz
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a$2000 investment in the business(corporation/partnership) entity.
Susan Corrales-Diaz
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Susan Qorilales-Diaz
5_ Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract with the past 12 months? Yes No X
2014-05-27 Agenda Packet Page 69
City of Chula Vista Disclosure Statement
If yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve(12) months to a current
member of the Chula Vista City Council? No X Yes . If yes, which Council member?
7. Have you provided more than$340 (or an item of equivalent value) to an official" of the City of
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes No X
If Yes, which official** and what was the nature of item provided?
Date: May 7, 2014
Signature of Contractor/Applicant
ymf
Susan Corrales-Diaz, Pre 1 nt
Print or type name of Contractor..-'A 'cant
* Person is defined as: any individual, firm, co-partnership,joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver syndicate, any other county, city
municipality, district, or other political subdivision, - or any other group of combination acting as a
unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of
a board, commission, or committee of the City, employee, or staff members.
2014-05-27 Agenda Packet Page 70
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0251, Item#: 4.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING A
$100,000 SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT TO THE TRANSNET
FUND FOR DEVELOPMENT OF THE HEALTHY CHULA VISTA INITIATIVE (4/5 VOTE
REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The Chula Vista City Council reiterated the importance of creating a healthy community, in terms of
active lifestyles and environmental protection, in adopting the Chula Vista Strategic Plan in 2013. To
support this effort, staff identified the need to develop a more comprehensive healthy communities
plan, now being called the "Healthy Chula Vista" initiative, and submitted a $100,000 grant
application to San Diego Association of Governments' Smart Growth Incentive Program. As a result,
the City of Chula Vista was awarded a two-year grant to create a Healthy Chula Vista Action Plan
and to begin integrating healthy community concepts into planning and design documents.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the appropriation of grant
funds is not a "Project" as defined under section 15378(b)(4) of the State CEQA Guidelines because
it involves a governmental fiscal activity which will not result in a potentially significant physical
impact on the environment. Therefore, pursuant to Section 15060(C)(3) of the State CEQA Guideline
the activity is not subject to CEQA.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Jurisdictions are becoming increasingly aware that cities play a critical role in supporting the health
and well-being of their communities. Factors contributing to a community's health can include
walkable neighborhoods, quality parks and open space areas, efficient transportation, and safe,
clean environments. As such, the Chula Vista City Council reiterated the importance of creating a
healthy community in adopting the Chula Vista Strategic Plan in 2013. The Strategic Plan specifically
highlights supporting an environment that fosters health and wellness, protecting natural resources
and promoting sustainability, and providing parks and recreational opportunities.
As part of the Strategic Plan's implementation, staff identified the need to develop a formal healthy
communities plan, now being called the "Healthy Chula Vista" initiative, to more comprehensively
assess opportunities, challenges, and key partners related to fostering community wellness. In
City of Chula Vista Page 1 of 2 Printed on 5/22/2014
2014-05-27 Agenda Packet powered by LegPageM71
File#: 14-0251, Item#: 4.
January 2013, the City Council approved submittal of a grant application to the San Diego
Association of Governments' (SANDAG) TRANSNET Smart Growth Incentive Program (Resolution
#2013-005) for such efforts. The grant program supports comprehensive public infrastructure and
planning projects that will facilitate compact, mixed use development focused around public transit,
and that will increase housing and transportation choices.
In late 2013, the City of Chula Vista was notified that it had been awarded a two-year, $100,000 grant
by SANDAG to draft a Healthy Chula Vista Action Plan and to begin integrating healthy community
concepts into planning and design documents. Specifically, the grant will allow the City to amend the
General Plan, Subdivision Manual, Design Standards Manual, and other implementing documents to
align with the new Healthy Chula Vista Action Plan and create design schematics for two "Healthy
Corridor" pilot areas on H Street (between 5 freeway & Third Avenue) and Broadway (between C & J
Streets). The City has already convened an internal staff team, which includes representatives from
Development Services, Public Works, Recreation, Library, and Human Resources, to provide
guidance on the initiative's development and implementation. In addition, community stakeholders
and partners will be engaged through workshops and field trips over the next two years to further
inform the initiative.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of City Council and has found no property holdings within
500 feet of the boundaries of the property which is the subject of this action. Staff is not
independently aware, and has not been informed by any City Council member, of any other fact that
may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The Healthy Chula
Vista initiative directly supports the Strategic Plan's Healthy Community component, in particular
implementing policies and programs that support a healthy community (3.1.1).
CURRENT YEAR FISCAL IMPACT
The SANDAG Smart Growth Incentive Program will support up to $85,000 of staff time associated
with initial implementation of the Healthy Chula Vista initiative, as well as up to $15,000 of consultant
services for stakeholder engagement assistance. Additional staff time, including a $10,000 in-kind
grant match requirement, will be covered by existing departmental budgets.
ONGOING FISCAL IMPACT
During Fiscal Years 2015 and 2016, any remaining grant funds will be used to support staff
resources associated with the Healthy Chula Vista initiative, supplemented by existing departmental
personnel budgets.
ATTACHMENTS
Attachment A - Smart Growth Incentive Program Grant Agreement
Attachment B - Healthy Chula Vista Initiative Primer
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2014-05-27 Agenda Packet powered by LegPaagre"72
TRANSNET SMART GROWTH INCENTIVE GRANT PROGRAM
FISCAL YEAR 2013
GRANT AGREEMENT NO. 5004292 BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND CITY OF CHULA VISTA
REGARDING HEALTHY COMMUNITIES PROGRAM
THIS GRANT AGREEMENT No. 5004292 ("Agreement") is made this � day of
January, 2014 by and between the San Diego Association of Governments (hereinafter referred to
as "SANDAG"), 401 B Street, Suite 800, San Diego, California, and the
City of Chula Vista (hereinafter referred to as "Grantee"), 276 Fourth Avenue, Chula Vista,
California. This agreement expires on January 15-
, 2016.
The following recitals are a substantive part of this Agreement:
A. The TransNet Extension Ordinance, which became effective April 1, 2008, contains provisions
for the Smart Growth Incentive Program (SGIP).
B. Pursuant to the TransNet Extension Ordinance, the SANDAG Board of Directors allocates SGIP
monies through a regional competitive grant process to provide funding for a broad array of
transportation-related infrastructure improvements, which will assist local agencies in better
integrating transportation and land use.
C. On October 12, 2012, SANDAG issued a Call for Projects from local jurisdictions in
San Diego County wishing to apply for a portion of the TransNet SGIP funding for use on
capital improvement and planning projects meeting certain criteria.
D. On June 28, 2013, the Board of Directors approved the award of $9.6 million in TransNet SGIP
funds for this FY 2013 cycle of the SGIP.
E. The Transportation Committee also approved programming of approximately $9.6 million in
TransNet SGIP funds on October 18, 2013, by Resolution No. 2014-05.
F. Grantee successfully applied for SGIP Funding for the following project: Healthy Communities
Program (hereinafter referred to as the "Project"). The Scope of Work, schedule, and budget
for the Project is attached as Attachment A.
G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to
provide Grantee with funding to implement the Project.
H. Grantee's Project is funded with $100,000 in Extension Ordinance funds. The TransNet
MPO ID is V10.
I. Although SANDAG will be providing financial assistance to Grantee to support the Project,
SANDAG will not be responsible for Project implementation or hold any substantial control of
the Project.
2014-05-27 Agenda Packet Page 73
NOW, THEREFORE, it is agreed as follows:
Section 1. Definitions
A. Application. The signed and dated grant application, including any amendment thereto,
with all explanatory, supporting, and supplementary documents filed with SANDAG by or on
behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application
materials, not in conflict with this Agreement, are hereby incorporated into this Agreement
as though fully set forth herein.
B. Agreement. This Grant Agreement, together with all Attachments hereto, which are hereby
incorporated into this Agreement and contain additional terms and conditions that are
binding upon the parties.
C. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in
typewritten hard copy or electronically) of a SANDAG official authorized to permit the
Grantee to take or omit an action required by this Agreement, which action may not be taken
or omitted without such written permission. Except to the extent that SANDAG determines
otherwise in writing, such approval, authorization, concurrence, or waiver permitting the
performance or omission of a specific action does not constitute permission to perform or
omit other similar actions. An oral permission or interpretation has no legal force or effect
(see also Notice to Proceed, below at Paragraph H in this Section 1).
D. Approved Project Budget. The most recent statement of the costs of the Project, the
maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the
specific tasks (including specific contingencies) covered, and the estimated cost of each task,
that has been approved by SANDAG. The Approved Project Budget is attached hereto as a
section of Attachment A.
E. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.
F. Grantee. The local jurisdiction that is the recipient of SGIP Funding under this Agreement. If
the Grantee enters into agreements with other parties to assist with the implementation of
the Project, each participant in, member of, or party to that agreement is deemed a
"subgrantee" and for purposes of compliance with applicable requirements of the
Agreement for its Project will be treated as a Grantee.
G. Maximum Percentage of SANDAG Participation. Grantee submitted an application and
was evaluated based on its representation that it would provide matching funds for the
Project. Grantee agrees to provide 9.091 percent, or $10,000 of the Approved Project Budget
as matching funds from resources other than Active Transportation/SGIP funds. Therefore, the
maximum percentage that SANDAG will pay Grantee for amounts invoiced under this
Agreement is 90.909 percent, or $100,000, whichever is the lesser of these two amounts.
H. Notice to Proceed. Means a written notice from SANDAG issued to the Grantee authorizing
the Grantee to proceed with all or a portion of the work described in the scope of work.
Grantee shall not proceed with the work and shall not be eligible to receive payment for
work performed prior to the SANDAG issuance of a Notice to Proceed.
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I. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds
flowing from this Agreement for the Project.
J. Term. The Term of this Agreement begins on the date SANDAG issues the Notice to Proceed
and ends on the last date indicated in the Project Schedule, (Attachment A), unless amended
consistent with the terms of this Agreement and SANDAG Board Policy No. 035, as amended.
Section 2. Project Implementation
A. General. The Grantee agrees to carry out the Project as follows:
1. Project Description. Grantee agrees to perform the work as described in the Project
Description/Scope of Work attached as Attachment A.
2. Effective Date. The effective date of this Agreement or any amendment hereto is the
date on which this Agreement or an amendment is fully executed. The Grantee agrees
to undertake Project only after receiving a written Notice to Proceed from SANDAG.
3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal,
financial, technical, and managerial capacity to: (a) plan, manage, and complete the
Project and provide for the use of any Project property; (b) carry out the safety and
security aspects of the Project, and (c) comply with the terms of the Agreement and all
applicable laws, regulations, and policies pertaining to the Project and the Grantee,
including but not limited to the Extension Ordinance.
4. Project Schedule. The Grantee agrees to complete the Project according to the Project
Schedule attached hereto as a section of Attachment A and in compliance with
SANDAG Board Policy No. 035 ("Competitive Grant Program Procedures"), as amended,
attached hereto as Attachment B.
5. Project Implementation and Oversight. Grantee agrees to comply with the Project
Implementation and Oversight Requirements attached hereto as Attachment C and
SANDAG Board Policy No. 035 as amended. Additionally, if Grantee hires a consultant
to carry out professional services, funded under this Agreement, Grantee shall: prepare
an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for
competing proposals for the work; use cost as an evaluation factor in selecting the
consultant; document a Record of Negotiation (RON) establishing that the amount paid
by Grantee for the consultant services is fair and reasonable; and pass through the
relevant obligations in this Agreement to the consultant. if Grantee hires a contractor
to carry out construction services funded under this Agreement, Grantee shall: prepare
an ICE (e.g., a construction cost estimate), prior to soliciting bids; publicly advertise for
competing bids for the work; award the work to the lowest responsive and responsible
bidder; document a RON establishing that the amount paid by Grantee for the
construction services is fair and reasonable; and pass through the relevant obligations
in this Agreement to the contractor.
6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee
based on the application submitted by Grantee, which contained representations by
Grantee regarding project parameters, project proximity to transit, and other criteria
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relevant to evaluating and ranking the Project based on SANDAG SGIP scoring criteria.
Any substantive deviation from Grantee's representations in the Project Justification
during project implementation may require reevaluation or result in loss of funding. If
Grantee knows or should know that substantive changes in the Project Justification
have occurred or will occur, Grantee will immediately notify SANDAG in writing.
SANDAG will then determine whether the Project is still consistent with the overall
objectives of the SGIP Program and that the changes would not have negatively
affected the Project ranking during the competitive grant evaluation process. SANDAG
reserves the right to have SGIP Funding withheld from, or refunded to SANDAG from
Grantee due to Grantee's failure to satisfactorily complete the Project or due to
substantive changes to the Project Justification. See Section 9, Paragraph F of this
Agreement regarding amendments to the Scope of Work.
B. Application of Laws. Should a federal or state law pre-empt a local law, regulation, or the
TransNet Ordinance, the Grantee must comply with the federal or state law and
implementing regulations. No provision of this Agreement requires the Grantee to observe or
enforce compliance with any provision, perform any other act, or do any other task 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 Grantee to
violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this
occur, SANDAG and the Grantee agree that they will make appropriate arrangements to
proceed with or, if necessary, terminate the Project or portions thereof expeditiously.
C. Notice Regarding Prevailing Wages. The SANDAG SGIP Grants are funded with TransNet
revenues consistent with the TransNet Extension Ordinance adopted by the voters in
November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not
require payment of prevailing wages, a California appellate court case (Asuza Land Partners v.
Department of Industrial Relations 191 Cal. App. 4th 1 [2010]), may require that TransNet-
funded public works projects pay prevailing wages for workers. Grantee acknowledges that
SANDAG has strongly encouraged Grantee to seek legal counsel regarding whether the Asuza
case will subject the grant project to prevailing wage laws consistent with Labor Code
Section 1720 et seq. This Grant Agreement requires Grantee's compliance with all federal,
state, and local laws and ordinances as applicable.
D. Significant Participation by a Subgrantee. Although the Grantee may delegate any or
almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it,
rather than any subgrantee, is ultimately responsible for compliance with all applicable laws,
regulations, and this Agreement.
E. Grantee's Responsibility to Extend Agreement Requirements to Other Entities
1. Entities Affected. If an entity other than the Grantee is expected to fulfill any
responsibilities typically performed by the Grantee, the Grantee agrees to assure that
the entity carries out the Grantee's responsibilities as set forth in this Agreement.
2. Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a subgrantee)
participating in the Project through the Grantee. Thus, the Grantee agrees to use a
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written document to ensure that each entity participating in the Project complies with
applicable laws, regulations, and policies.
3. Required Clauses. The Grantee agrees to use a written document (such as a
subagreement, lease, third-party contract or other) including all appropriate clauses
stating the entity's responsibilities under applicable laws, regulations, or policies.
4. Flowdown. The Grantee agrees to include in each document (subagreement, lease,
third-party contract, or other) any necessary provisions requiring the Project participant
(third-party contractor, subgrantee, or other) to impose applicable laws, Agreement
requirements and directives on its subgrantees, lessees, third-party contractors, and
other Project participants at the lowest tier necessary.
F. No SANDAG Obligations to Third Parties. In connection with the Project, the Grantee
agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee,
lessee, third-party contractor, or other person or entity that is not a party to the Agreement
for the Project. Notwithstanding that SANDAG may have concurred in or approved any
solicitation, subagreement, lease, or third-party contract at any tier, SANDAG has no
obligations or liabilities to any entity other than the Grantee, including any subgrantee,
lessee, or third-party contractor at any tier.
G. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in
writing, of any change in local law, conditions (including its legal, financial, or technical
capacity), or any other event that may adversely affect the Grantee's ability to perform the
Project in accordance with the terms of the Agreement and as required by SANDAG Board
Policy No. 035 (Competitive Grant Program Procedures). The Grantee also agrees to notify
SANDAG immediately, in writing, of any current or prospective major dispute, breach,
default, or litigation that may adversely affect SANDAG interests in the Project; and agrees to
inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any
reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG
required by this subsection to the SANDAG Office of General Counsel. Grantee further agrees
to comply with the procedures set forth in SANDAG Board Policy No. 035 attached hereto as
Attachment B if it anticipates a delay in performance.
H. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant
to this Agreement shall be performed in accordance with the applicable standard of care.
Where approval by SANDAG, its Executive Director, or other representative of SANDAG is
indicated in the Scope of Work, it is understood to be conceptual approval only and does not
relieve the Grantee 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 Grantee or its subgrantees.
I. Anti-Discrimination Laws. SANDAG implements its programs without regard to income
level, disability, race, color, and national origin in compliance with the Americans with
Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on
these grounds, notify the public of their rights under these laws, and utilize a process for
addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for
filing a complaint available to members of the public and will keep a log of all such
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complaints. Grantee must notify SANDAG immediately if a complaint is lodged that relates to
the Project or program funded by this grant. SANDAG requires Grantee to track its efforts to
outreach regarding the Project to all population groups in the area that will be served by the
Project, including, but not limited to minority and low income groups. Within 60 days of
execution of this Agreement, Grantee will provide SANDAG with a description of the
geographic area the Project will serve. With this data, SANDAG will provide Grantee with
demographic information regarding the population groups within the Project area. Grantee
will then keep a record of its outreach efforts to the population groups in the Project area,
and create a record concerning the population groups that are expected to utilize the Project.
All records discussed in this subsection shall be made available by Grantee to SANDAG upon
request by SANDAG or as otherwise required in this Agreement.
Section 3. Ethics
A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a
written code of conduct or standards of conduct that shall govern the actions of its officers,
employees, council or board members, or agents engaged in the award or administration of
subagreements, leases, or third-party contracts supported with SGIP Funding. The Grantee
agrees that its code of conduct or standards of conduct shall specify that its officers,
employees, board members, or agents may neither solicit nor accept gratuities, favors, or
anything of monetary value from any present or potential subgrantee, lessee, or third-party
contractor at any tier or agent thereof. Such a conflict would arise when an employee,
officer, council or board member, or agent, including any member of his or her immediate
family, partner, or organization that employs, or intends to employ, any of the parties listed
herein has a financial interest in the entity selected for award. The Grantee may set
de minimis rules where the financial interest is not substantial, or the gift is an unsolicited
item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of
conduct shall also prohibit its officers, employees, board members, or agents from using their
respective positions in a manner that presents a real or apparent personal or organizational
conflict of interest or personal gain. As permitted by state or local law or regulations, the
Grantee agrees that its code of conduct or standards of conduct shall include penalties,
sanctions, or other disciplinary actions for violations by its officers, employees, board
members, or their agents, or its third-party contractors or subgrantees or their agents.
1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or
standards of conduct shall prohibit the Grantee's employees, officers, council or board
members, or agents from participating in the selection, award, or administration of any
third-party contract or subagreement supported by SGIP Funding if a real or apparent
conflict of interest would be involved. Such a conflict would arise when an employee,
officer, board member, or agent, including any member of his or her immediate family,
partner, or organization that employs, or intends to employ, any of the parties listed
herein has a financial interest in the firm selected for award.
2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or
standards of conduct shall include procedures for identifying and preventing real and
apparent organizational conflicts of interest. An organizational conflict of interest
exists when the nature of the work to be performed under a proposed third-party
contract or subagreement may, without some restrictions on future activities, result in
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an unfair competitive advantage to the third-party contractor or subgrantee or impair
its objectivity in performing the contract work.
B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts
of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which
might result in unlawful activity are prohibited including, but not limited to, rebates,
kickbacks, or other unlawful considerations. SANDAG staff are specifically prohibited from
participating in the selection process when those staff have a close personal relationship,
family relationship, or past (within the last 12 months), present, or potential business or
employment relationship with a person or business entity seeking a contract with SANDAG. It
is unlawful for any contract to be made by SANDAG if any individual board member or staff
has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or
accepting gratuities from any organization seeking funding from SANDAG. SANDAG's
officers, employees, agents, and board members shall not solicit or accept gifts, gratuities,
favors, or anything of monetary value from consultants, potential consultants, or parties to
subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an
ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict
of interest exists with regard to the Agreement or the Project, it should notify the SANDAG
Office of General Counsel immediately.
C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its SGIP Funding application for the Project.
D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by
executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and
accuracy of each statement it has made, it makes, or it may make in connection with the
Project, including, but not limited to, the Grantee's grant application, progress reports, and
invoices.
Section 4. Approved Project Budget
Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows:
The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved
Project Budget." The Grantee will incur obligations and make disbursements of Project funds only
as authorized by the Approved Project Budget. An amendment to the Approved Project Budget
requires the issuance of a formal amendment to the Agreement, except that re-allocation of funds
among budget items or fiscal years that does not increase the total amount of the SGIP Funding
awarded for the Project may be made by the SANDAG Project Manager consistent with applicable
laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for
transfers of funds between Approved Project Budget line items.
Section S. Payments
A. Funding Commitment. The Grantee agrees that the SANDAG maximum commitment for
Project Costs will not exceed the Maximum SANDAG Contribution of $100,000. Within
30 days of notification to the Grantee that specific amounts are owed to, or withheld by,
SANDAG, whether for excess payments of SGIP Funding, Grantee's failure to comply with the
Agreement, SANDAG Board Policy No. 035 (Attachment B) and any policy amendments
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thereto, disallowed costs, or funds recovered from third-parties or elsewhere, the Grantee
agrees to remit the owed amounts to SANDAG, including applicable interest, penalties, and
administrative charges.
B. Payment by SANDAG. Grantee is required to submit invoices no more often and no less
frequently than quarterly. Invoices must be accompanied by a quarterly report
(Attachment D). SANDAG will make payments for eligible amounts to Grantee within 30 days
following receipt of Grantee's invoice(s) if Grantee has complied with the requirements of the
Agreement, including quarterly reporting requirements, has satisfied SANDAG that the SGIP
Funding requested is needed for Project purposes in that requisition period, and is making
adequate progress toward Project completion consistent with SANDAG Board Policy No. 035
and any policy amendments thereto. After the Grantee has demonstrated satisfactory
compliance with the preceding requirements, SANDAG will reimburse the Grantee's apparent
allowable costs incurred consistent with the Approved Project Budget for the Project.
SANDAG shall retain ten percent (10%) from the amounts invoiced until satisfactory
completion of work. SANDAG shall promptly pay retention amounts to Grantee following
Grantee's satisfactory completion of work, receipt of Grantee's final invoice, and all required
documentation.
C. Eligible Costs. The Grantee agrees that Project costs eligible for SGIP Funding must comply
with all the following requirements. Except to the extent that SANDAG determines otherwise,
in writing, to be eligible for reimbursement, Project costs, must be:
1. Consistent with the Project Scope of Work, the approved Project Budget, and other
provisions of the Agreement.
2. Necessary in order to accomplish the Project.
3. Reasonable for the goods or services purchased.
4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other
items of value received by the Grantee that have the effect of reducing the cost actually
incurred, excluding program income).
5. Incurred for work performed, only on a reimbursement, not advance basis, after both
the Effective Date of the Agreement and following Grantee's receipt of a Notice to
Proceed from SANDAG.
6. Satisfactorily documented with supporting documentation which is to be submitted
with each invoice.
7. Treated consistently in accordance with generally accepted accounting principles and
procedures for the Grantee and any third-party contractors and subgrantees, (see
Section 6 Accounting Records).
8. Eligible for SGIP Funding as part of the SGIP Program Claim Eligible Costs.
9. Expended allowable direct and indirect costs. Indirect costs will be reimbursed only if the
Grantee has an approved indirect cost allocation plan and prior written approval has
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been obtained by SANDAG. The Grantee shall annually submit to SANDAG, prior to
reimbursement of indirect costs, an approved indirect cost allocation plan in accordance
with Office of Management and Budget (OMB), Circular A-87 Cost Principles for State,
Local, And Indian Tribal Governments, which can be viewed at
www.whitehouse.gov/omb/circulars. Indirect Costs are only allowable with either: (1) an
approved indirect cost rate from a Federal Cognizant agency (or its designee) or an
independent certified accounting firm; or (2) the applicant's proposed method for
allocating indirect costs must be submitted in accordance with applicable OMB
guidelines and approved by SANDAG. If the Grantee does not have an acceptable
approved indirect cost allocation plan, then indirect costs are not eligible for
reimbursement.
10. Project generated revenue realized by the Grantee shall be utilized in support of the
Project. Project generated revenue and expenditures, if any, shall be reported at the end
of the Agreement period.
11. In the event the Grantee receives payment from SANDAG, for which reimbursement is
later deemed ineligible and disallowed by SANDAG, the Grantee shall promptly refund
the disallowed amount to SANDAG on request, or SANDAG may offset the amount
disallowed from any payment due to or to become due to the Grantee under this
Agreement.
D. TransNet Project Eligibility
TransNet SGIP Funds may be expended for capital projects such as pedestrian improvements,
bicycle and transit facilities, and other innovative smart growth supporting infrastructure, as
well as planning projects such as updates to land use plans to qualify for "potential" smart
growth opportunity area as "existing/planned," and other planning activities that facilitate
smart growth.
E. Excluded Costs
1. In determining the amount of SGIP Funding SANDAG will provide for the Project,
SANDAG will exclude:
a. Any Project cost incurred by the Grantee before either the date SANDAG issues a
Notice to Proceed to Grantee or the Effective Date of the Agreement or any
Amendment thereto
b. Any cost that is not included in the latest approved Project Budget
C. Any cost for Project property or services received in connection with a
subagreement, lease, third-party contract, or other arrangement that is required
to be, but has not been, concurred in or approved in writing by SANDAG
d. Any cost ineligible for SANDAG participation as provided by applicable laws,
regulations, or policies
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2. The Grantee understands and agrees that payment to the Grantee for any Project cost
does not constitute the SANDAG final decision about whether that cost is allowable
and eligible for payment under the Project and does not constitute a waiver of any
violation by the Grantee of the terms of the Agreement for the Project, and/or
Board Policy No. 035. The Grantee acknowledges that SANDAG will not make a final
determination about the allowability and 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
SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been
completed, whichever occurs latest. If SANDAG determines that the Grantee is not
entitled to receive any portion of the SGIP Funding requested or paid, SANDAG will
notify the Grantee in writing, stating its reasons. The Grantee agrees that Project
closeout will not alter the Grantee's responsibility to return any funds due SANDAG as a
result of later refunds, corrections, performance deficiencies, or other similar actions;
nor will Project closeout alter the SANDAG right to disallow costs and recover funds
provided for the Project on the basis of a later audit or other review.
F. Maximum SANDAG Participation. Upon receipt of an invoice from Grantee documenting
Grantee's incurred and eligible expenses, SANDAG agrees to pay its Maximum
Percentage/Amount of SANDAG Participation based on the invoiced amount.
G. Matching Funds Grantee has proposed matching funds for the project and therefore agrees
as follows:
1. Duty to Obtain Matching Funds. The Grantee agrees to provide sufficient funds or
approved in-kind resources, together with the TransNet Ordinance Assistance awarded,
that will assure payment of the actual cost of each Project activity covered by the
Agreement for the Project. The amount of matching funds and percentage(s) of
matching funds and/or in-kind contributions Grantee shall provide are set forth in the
Approved Project Budget. The Grantee agrees to complete all proceedings necessary to
provide its share of the Project costs at or before the time the matching funds are
needed for the Project. Each of Grantee's invoices must include its pro-rata matching
fund contribution as reflected in the Approved Project Budget, along with supporting,
descriptive and/or explanatory documentation for the matching funds provided.
2. Prompt Payment of Matching. The Grantee agrees to provide the minimum
proportionate amount of the matching funds upon submittal of reimbursement for each
invoice and cumulatively over the life of the project as it incurs Projects costs. If the
minimum match is not provided with each invoice submittal or cumulatively over the life
of the project, the identical amount to make up the difference may be withheld as
retention for each invoice until the minimum match cumulatively over the life of the
project is satisfactorily provided. The retention withholding would be released upon the
minimum match provided, in accordance with the invoice payment terms as stated in
this Agreement.
3. Reduction of Matching Funds. The Grantee agrees that no reduction of the amount
of matching funds may be made unless, at the same time, a reduction of the
proportional amount of TransNet Ordinance Assistance provided is made to SANDAG in
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order to maintain Maximum Percentage(s) of SANDAG participants. No refunds of
matching funds will be made.
Section 6. Accounting Records
In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows:
A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a
separate set of accounts or separate accounts within the framework of an established
accounting system that can be identified with the Project. The Grantee also agrees to
maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other
accounting documents related in whole or in part to the Project so that they may be clearly
identified, readily accessible, and available to SANDAG upon request and, to the extent
feasible, kept separate from documents not related to the Project.
B. Documentation of Project Costs and Program Income. Except to the extent that
SANDAG determines otherwise, in writing, the Grantee agrees to maintain all documentation
of costs charged to the Project, including any approved services or property contributed by
the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or
vouchers describing in detail the nature and propriety of the charges, including adequate
records to support the costs the Grantee has incurred underlying any payment in which
SANDAG has agreed to participate.
Section 7. Reporting, Record Retention, and Access
A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and
regulations, policies, the Agreement, and any other reports SANDAG may specify.
B. Report Formats. The Grantee agrees that all reports and other documents or information
intended for public availability developed in the course of the Project and required to be
submitted to SANDAG must be prepared and submitted in electronic and or typewritten hard
copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be
submitted in particular formats.
C. Record Retention. During the course of the Project and for three years thereafter from the
date of transmission of the final expenditure report, the Grantee agrees to maintain, intact
and readily accessible, all data, documents, reports, records, contracts, and supporting
materials relating to the Project as SANDAG may require.
D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and
require its subgrantees to permit, SANDAG 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 Grantee and its subgrantees pertaining to the Project.
E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and
record retention requirements of this Agreement.
F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the
progress of its work, expenditures incurred, and information regarding whether the Project is
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projected to be completed within the limits of the Approved Project Budget, Project Schedule,
and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall
document the progress and results of work performed under this Agreement to the
satisfaction of SANDAG. This includes progress and final reports, plans, specifications,
estimates, and other evidence of attainment of the Agreement objectives, which are
requested by SANDAG or the ITOC. Grantee may be required to attend meetings of SANDAG
staff and committees, including ITOC, to report on its progress and respond to questions.
G. Data Collection and Communities Served Report. If requested, Grantee shall provide
SANDAG with data regarding how the Project's benefits and burdens were equitably
distributed among socio and economic populations in the area affected by the Project, and
associated smart growth data.
Section 8. Project Completion, Audit, Settlement, and Closeout
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses
and final reports, as applicable. All payments made to the Grantee shall be subject to review
for compliance by SANDAG with the requirements of this Agreement and shall be subject to
an audit upon completion of the Project.
B. Project Audit. The Grantee agrees to have performed financial and compliance audits
SANDAG may require consistent with the TransNet Extension Ordinance for TransNet funds.
This Project's MPO ID Number is located in both Recital H above, and on Attachment A. The
Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities.
C. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG
has closed the Project, and, if applicable, either forwards the final SGIP Funding payment and
liquidates any remaining funds. The Grantee agrees that Project closeout by SANDAG does
not invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from SANDAG.
D. Project Use. Grantee was awarded this Agreement based on representations in its grant
application regarding the Project's intended use. If the Project is a capital project, Grantee
hereby commits to continued use of the Project for the purposes stated in its application for a
period of at least five years after completion of construction. SANDAG may require Grantee
to refund SGIP funding provided for the Project in the event Grantee fails to utilize the
Project for its intended purposes as stated in the grant application or for any disallowed costs.
Section 9. Timely Progress and Right of SANDAG to Terminate
A. Grantee shall make diligent and timely progress toward completion of the Project within the
timelines set forth in the Project Schedule (Attachment A), and consistent with SANDAG
Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved,
SANDAG may, in its sole discretion, review the status of the Project to determine if the
remaining funding should be reallocated to another eligible project, as per SANDAG Board
Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress
on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers
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substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole
discretion, to terminate this Agreement.
B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates
difficulty in complying with the Project Schedule, the Grantee shall immediately notify the
SANDAG Project Manager in writing, and shall provide pertinent details, including the
reason(s) for the delay in performance and the date by which Grantee expects to complete
performance or delivery. This notification shall be informational in character only and receipt
of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or
any rights or remedies provided by this Agreement, including SANDAG Board Policy No. 035
requirements.
C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any
part of the SGIP Funding to be provided for the Project if the Grantee has violated the terms
of the Agreement, or SANDAG Board Policy No. 035, or if SANDAG determines that the
purposes of the laws or policies authorizing the Project would not be adequately served by
the continuation of SGIP Funding for the Project.
D. In general, termination of SGIP Funding for the Project will not invalidate obligations
properly incurred by the Grantee before the termination date to the extent those obligations
cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused
SGIP Funding by failing to make adequate progress, or failing to comply with the terms of the
Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG the
entire amount of SGIP Funding provided for the Project or any lesser amount as SANDAG may
determine.
E. Expiration of any Project time period established in the Project Schedule will not, by itself,
automatically constitute an expiration or termination of the Agreement for the Project,
however, Grantee must request and SANDAG must agree to amend the Agreement in writing
if the Project Schedule will not be met. An amendment to the Project Schedule may be made
at the discretion of SANDAG if Grantee's request is consistent with the provisions of SANDAG
Board Policy No. 035 and if Grantee provides documentation that the Project is delayed due
to factors external to the control of the Grantee.
F. Amendment of Scope. The grant was awarded based on the application submitted by
Grantee with the intention that the awarded funds would be used to implement the Project
as described in the Scope of Work (Included in Attachment A). Any substantive deviation from
the Scope of Work must be approved by SANDAG if SGIP Funds are to be used for such
changes. If Grantee believes substantive changes need to be made to the Project, Grantee will
immediately notify SANDAG in writing. SANDAG will then determine whether the Project is
still consistent with the overall objectives of the SGIP Program, SANDAG Board Policy 035 and
that the changes would not have negatively affected the Project ranking during the
competitive grant evaluation process. SANDAG reserves the right to have SGIP Funding
withheld or refunded due to substantive Project changes.
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Section 10. Disputes and Venue
A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State
of California.
B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the
performance of this Agreement, Grantee shall continue to perform unless SANDAG informs
Grantee in writing to cease performance. The dispute resolution process for disputes arising
under this Agreement shall be as follows:
Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates,
names of persons involved, and supporting documentation, to the SANDAG Project Manager.
The Project Manager and other appropriate SANDAG staff will review the documentation in a
timely manner and reply to Grantee within 20 days. Upon receipt of an adverse decision by
SANDAG, Grantee may submit a request for reconsideration to the SANDAG Executive
Director. The request for reconsideration must be received within 10 days from the postmark
date of SANDAG's reply. The Executive Director will respond to the request for
reconsideration within 10 working days. The decision of the Executive Director will be in
writing.
C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the
action shall be brought in a state or federal court situated in the County of San Diego,
State of California. In the event of any such litigation between the parties, the prevailing
party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's
fees, litigation and collection expenses, witness fees, and court costs as determined by the
co u rt.
Section 11. Assignment
The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or
novation) this Agreement or any rights under or interest in this Agreement
Section 12. Project Manager
The Grantee has assigned Diem Do as the Project Manager for the Project. Project Manager
continuity and experience is deemed essential in Grantee's ability to carry out the Project in
accordance with the terms of this Agreement. Grantee shall not change the Project Manager
without notice to SANDAG.
Section 13. Insurance
Grantee shall procure and maintain during the period of performance of this Agreement, and for
12 months following completion, policies of insurance from insurance companies authorized to do
business in the State of California or the equivalent types and amounts of self-insurance, as follows:
A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general
aggregate for personal and bodily injury, including death, and broad form property damage.
The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others
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Endorsement." The policy must name SANDAG as an additional insured in the endorsement. A
deductible or retention may be utilized, subject to approval by SANDAG.
B. Automobile Liability. For personal and bodily injury, including death, and property damage in
an amount not less than $1,000,000.
C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the
State of California. The policy must include an acceptable "Waiver of Right to Recover From
Others Endorsement" naming SANDAG as an additional insured.
D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates
(original copies) that it has the foregoing insurance. The insurance shall be provided by an
acceptable insurance provider, as determined by SANDAG, which satisfies the following
minimum requirements:
1. An insurance carrier qualified to do business in California and maintaining an agent for
service of process within the state. Such insurance carrier shall maintain a current A.M.
Best rating classification of "A-" or better, and a financial size of "$10 million to
$24 million (Class V) or better," or
2. A Lloyds of London program provided by syndicates of Lloyds of London and other
London insurance carriers, providing all participants are qualified to do business in
California and the policy provides for an agent for service of process in California.
Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance
as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss
under Grantee's insurance. Each insurance policy shall contain a clause which provides that
the policy may not be canceled without first giving thirty (30) days advance written notice to
SANDAG. For purposes of this notice requirement, any material change in the policy prior to
its expiration shall be considered a cancellation.
Section 14. Indemnification and Duty to Defend
A. Generally. With regard to any claim, protest, or litigation arising from or related to the
Grantee's performance in connection with or incidental to the Project or this Agreement,
Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers,
Board members, and employees harmless from and against any and all claims, including, but
not limited to prevailing wages claims against the Project, asserted or liability established for
damages or injuries to any person or property, including injury to the Grantee's or its
subgrantees' employees, agents, or officers, which arise from or are connected with or are
caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the
Grantee and its subgrantees and their agents, officers, or employees, in performing the work
or services herein, and all expenses of investigating and defending against same, including
attorney fees and costs; provided, however, that the Grantee's duty to indemnify and hold
harmless shall not include any claims or liability arising from the established sole negligence
or willful misconduct of SANDAG, its agents, officers, or employees.
B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save, and
hold harmless SANDAG and its officers, agents, and employees acting within the scope of
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their official duties against any liability, including costs and expenses, resulting from any
willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of
privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition
of any data furnished under the Project. The Grantee shall not be required to indemnify
SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or
agents.
Section 1S. Relationship of Parties
For purposes of this Agreement, the relationship of the parties is that of independent entities and
not as agents of each other or as joint venturers or partners. The parties shall maintain sole and
exclusive control over their personnel, agents, consultants, and operations. Except as SANDAG may
specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG
in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or
implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever,
unless expressly provided in this Agreement.
Section 16. Severability and Integration
If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not
be affected if that remainder would continue to conform to the requirements of applicable laws or
regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to
those matters contained in it. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This Agreement may not be modified or altered
except in writing, signed by SANDAG and the Grantee.
Section 17. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or
delivered by depositing the same in any United States Post Office, registered or certified, postage
prepaid, addressed to:
San Diego Association of Governments
Attention: Susan Baldwin
401 B Street, Suite 800
San Diego, CA 92101
Grantee:
City of Chula Vista
Attention: Diem Do
276 Fourth Avenue
Chula Vista, CA 91910
and shall be effective upon receipt thereof.
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Section 18. Signatures
The individuals executing this Agreement represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written
above.
SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHULA VISTA
—11NEW,
i GARY L. GALLEGOS I ANDOVAL
Executive Director or designee y Manager
APPROVED AS TO FORM: APPROVED AS TO FORM
Office of Genera1=Counsel
XNR,. G GINS
City A y
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2014-05-27 Agenda Packet Page 89
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ATTACHMENT B
SANDAG BOARD POLICY NO. O 3 5
COMPETITIVE GRANT PROGRAM PROCEDURES
Applicability and Purpose of Policy
This Policy applies to the following grant programs administered through SANDAG, whether from
TransNet or another source: Smart Growth Incentive Program, Environmental Mitigation Program,
Bike and Pedestrian Program, Senior Mini Grant Program, Job Access Reverse Commute, New
Freedom, and Section 5310 Elderly & Persons with Disabilities Transportation Program.
Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or
contract documents that conflict with the requirements in this Policy. There are never enough
government grant funds to pay for all of the projects worthy of funding in the San Diego region.
For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability
to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees
accountable to the project schedules they have proposed in order to ensure fairness in the
competitive process and encourage grantees to get their projects implemented quickly so that the
public can benefit from the project deliverables as soon as possible.
Procedures
1. Project Milestone and Completion Deadlines
1.1. When signing a grant agreement for a competitive program funded and/or
administered by SANDAG, grant recipients must agree to the project delivery objectives and
schedules in the agreement. In addition, a grantee's proposal must contain a schedule that
falls within the following deadlines. Failure to meet the deadlines below may result in
revocation of all grant funds not already expended. The final invoice for capital, planning,
or operations grants must be submitted prior to the applicable deadline.
1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the
project must be completed according to the schedule provided in the grant
agreement, but at the latest, any necessary construction contract must be awarded
within two years following execution of the grant agreement, and construction
must be completed within eighteen months following award of the construction
contract. Completion of construction for purposes of this policy shall be when the
prime construction contractor is relieved from its maintenance responsibilities. If no
construction contract award is necessary, the construction project must be complete
within eighteen months following execution of the grant agreement.
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1.1.2. Funding for Planning Grants. If the grant will fund planning, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary consultant contract must be awarded within one year
following execution of the grant agreement, and the planning project must be
complete within two years following award of the consultant contract. Completion
of planning for purposes of this policy shall be when grantee approves the final
planning project deliverable. If no consultant contract award is necessary, the
planning project must be complete within two years of execution of the grant
agreement.
1.1.3 Funding for Operations Grants. If the grant will fund operations, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary services contract for operations must be awarded within
one year following execution of the grant agreement, and the operations must
commence within six months following award of the operations contract. If no
services contract for operations is necessary, the operations project must commence
within one year of execution of the grant agreement.
1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment
or vehicles, the project must be completed according to the schedule provided in the
grant agreement, but at the latest, any necessary purchase contracts for equipment
or vehicles must be awarded within one year following execution of the grant
agreement, and use of the equipment or vehicles for the benefit of the public must
commence within six months following award of the purchase contract.
2. Project Milestone and Completion Deadline Extensions
2.1. Schedules within grant agreements may include project scopes and schedules that
will identify interim milestones in addition to those described in Section 1 of this Policy.
Grant recipients may receive extensions on their project schedules of up to six months for
good cause. Extensions of up to six months aggregate that would not cause the project to
miss a completion deadline in Section 1 may be approved by the SANDAG Executive
Director. Extensions beyond six months aggregate or that would cause the project to miss a
completion deadline in Section 1 must be approved by the Policy Advisory Committee that
has been delegated the necessary authority by the Board. For an extension to be granted
under this Section 2, the following conditions must be met:
2.1.1. For extension requests of up to six months, the grantee must request the
extension in writing to the SANDAG Program Manager at least two weeks prior to
the earliest project schedule milestone deadline for which an extension is being
requested. The Executive Director or designee will determine whether the extension
should be granted. The Executive Director's action will be reported out to the Board
in following month's report of delegated actions.
2.1.2. A grantee seeking an extension must document previous efforts undertaken
to maintain the project schedule, explain the reasons for the delay, explain why the
delay is unavoidable, and demonstrate an ability to succeed in the extended time
frame the grantee proposes.
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2.1.3. If the Executive Director denies an extension request under this Section 2,
the grantee may appeal within ten business days of receiving the Executive
Director's response to the responsible Policy Advisory Committee by sending the
appeal to the SANDAG Program Manager.
2.1.4. Extension requests that are rejected by the Policy Advisory Committee will
result in termination of the grant agreement and obligation by the grantee to
return to SANDAG any unexpended funds within 30 days. Unexpended funds are
funds for project costs not incurred prior to rejection of the extension request by the
Policy Advisory Committee.
3. Project Delays and Extensions in Excess of Six Months
3.1. Requests for extensions in excess of six months, or that will cause a project to miss a
completion deadline in Section 1 (including those projects that were already granted
extensions by the Executive Director and are again falling behind schedule), will be
considered by the Policy Advisory Committee upon request to the SANDAG Program
Manager.
3.2 A grantee seeking an extension must document previous efforts undertaken to
maintain the project schedule, explain the reasons for the delay, explain why the delay is
unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee
proposes. The grantee must provide the necessary information to SANDAG staff to place in
a report to the Policy Advisory Committee. If sufficient time is available, and the grant
utilized TransNet funds, the request will first be taken to the Independent Taxpayer
Advisory Committee (ITOC) for a recommendation. The grantee should make a
representative available at the meeting to present the information to, and/or answer
questions from, the ITOC and Policy Advisory Committee.
3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for
extenuating circumstances that the grantee could not have reasonably foreseen.
4. Resolution and Execution of the Grant Agreement
4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed
grants, prospective grantees must submit a resolution from their authorized governing body
that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets
the requirements in this Subsection 4.1 will result in rejection of the application and the
application will be dropped from consideration with funding going to the next project as
scored by the evaluation committee. In order to assist grantees in meeting this resolution
deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant
application submission.
4.1.1 Grantee governing body commits to providing the amount of matching
funds set forth in the grant application.
4.1.2 Grantee governing body authorizes staff to accept the grant funding and
execute a grant agreement if an award is made by SANDAG.
21
2014-05-27 Agenda Packet Page 93
4.2 Grantee's authorized representative must execute the grant agreement within 45
days from the date SANDAG presents the grant agreement to the prospective grantee for
execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation
of the grant award.
5. Increased Availability of Funding Under this Policy
5.1. Grant funds made available as a result of the procedures in this Policy may be
awarded to the next project on the recommended project priority list from the most recent
project selection process, or may be added to the funds available for the next project
funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that
loses funding due to failure to meet the deadlines specified in this Policy may be
resubmitted to compete for funding in a future call for grant applications.
Adopted: January 2010
22
2014-05-27 Agenda Packet Page 94
ATTACHMENT C
PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS
Capital Grants
1. Contact Information. Grantee must provide SANDAG with contact information for the
project manager. Grantee must provide SANDAG with updated contact information in a
timely manner if there are any changes to staff assigned.
2. Design Development Meetings. Grantee must provide SANDAG with advance notice
(preferably within two weeks) and agendas of all design development meetings, and a
meeting summary following the meeting. SANDAG staff may attend any meetings as
appropriate.
3. Plan Review. Grantee must submit project design drawings and cost estimates (if available)
to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent.
SANDAG staff may meet with the grantee to comment on submitted plans and assure
substantial conformance. SANDAG may comment on submitted plans regarding:
• Whether they are consistent with the project proposed in the original grant application
• Consistency with accepted pedestrian/bicycle facility standards
4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing
accomplishments in the quarter, anticipated progress next quarter, pending issues and actions
toward resolution, and status of budget and schedule.
S. Performance Monitoring: SANDAG staff may measure performance of the constructed
capital improvements against stated project objectives, and evaluate the overall SGIP. Grantee
is expected to meet with SANDAG staff to identify relevant performance measures and data
sources, and provide available data and feedback regarding the program as appropriate.
Grantee will provide SANDAG with a copy of its records showing its outreach efforts to the
racial and economic population groups in the Project area, including but not limited to
disabled, low income and minority groups, to establish input was sought and utilized from the
populations expected to be affected by the Project.
Planning Grants
1. Contact Information. Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner
if there are any changes to staff assigned.
2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice
(preferably within two weeks) and agendas of all stakeholder and community meetings, and a
meeting summary following the meeting. SANDAG staff may attend any meetings as
appropriate.
23
2014-05-27 Agenda Packet Page 95
3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft
Request for Proposals to SANDAG staff for review and comment. Consultant proposals must also
be submitted to SANDAG for review and comment prior to consultant selection.
4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing
accomplishments in the quarter, anticipated progress next quarter, pending issues and actions
toward resolution, and status of budget and schedule. The reports will include information
regarding Grantee's outreach efforts to the racial and economic population groups in the
Project area, including but not limited to disabled, low income and minority groups, to establish
input was sought and utilized from the populations expected to be affected by the Project.
24
2014-05-27 Agenda Packet Page 96
ATTACHMENT D
QUARTERLY REPORT AND INVOICE FORMS
SMART GROWTH INCENTIVE GRANT PROGRAM
QUARTERLY PROGRESS REPORT
Reporting Period Due Date
Project Title:
Project Manager Name:
Agency:
Address:
Telephone:
Contract No.:
Invoice Date:
Invoice No.: Invoice Period: (from) (to)
25
2014-05-27 Agenda Packet Page 97
Task 1 (Fill in each task from Scope of Work)
1. Work Accomplished this Invoice Period
Add description
2. Work Anticipated for Next Invoice Period
Add description
3. Challenges or Problems Experienced and Actions Toward Resolution
Add description
Task 2
1. Work Accomplished this Invoice Period
Add description
2. Work Anticipated for Next Invoice Period
Add description
3. Challenges or Problems Experienced and Actions Toward Resolution
Add description
4. Outreach Efforts
Add description
26
2014-05-27 Agenda Packet Page 98
Summary of Progress
Completed Start Complete Anticipated
Scheduled Scheduled This Next Next Completion
Task Start Date Completion Invoice Invoice Invoice Date (if not
Date Period? Period? Period? as
(mark x) (mark x) (mark x) scheduled)*
Task 1
Task 2
Task 3
Action/s requested of SANDAG (check appropriate box/es):
❑ No action requested
❑ Amendment to*:
❑ Scope of Work
Describe:
Justification:
❑ Project Budget
Describe:
Justification:
❑ Project Schedule
Describe:
Justification:
* For any amendment requested, please describe the amendment and provide justification for why
the amendment is needed.
'Note that any changes from scheduled start and completion dates are subject to approval by
SANDAG. Please refer to Board Policy No. 35 in your grant agreement regarding milestones that fall
behind schedule, and the actions required for schedule adjustments.
27
2014-05-27 Agenda Packet Page 99
For Project Schedule amendment requests, explain:
• Previous efforts to maintain timely progress
• Reasons for the delays and why they were unavoidable
• Demonstrate how the project will meet the proposed revised deadlines if the schedule
amendment is approved
It is the Grantee's responsibility to ensure compliance with Board Policy No. 035 (Use it or Lose it)
milestones and grant agreement terms and conditions. Amendment requests are subject to
SANDAG approval
28
2014-05-27 Agenda Packet Page 100
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HEALTHY CHULA VISTA INITIATIVE
Overview CITY OF
CHULA VISTA
The Healthy Chula Vista Initiative supports the City's Strategic Plan goal of creating a thriving,
healthy community by creating policies and programs to improve the City's physical and social
environments, promote awareness and access to services, and build community partnerships.
Conceptual Framework PF 4_0�_M
Healthy . . .
Transportation Access
-
COMMUNITY HEALTHY
Qua lZ Activity
On Health Car9
A SAM
Prevention
Near-Term Priorities
• Develop a Healthy Chula Vista Initiative program manual to outline the strategies,
tools, and resources for creating a thriving, healthy community.
• Amend the City's General Plan to emphasize neighborhoods that promote healthy
lifestyles and communities and guide related capital investment, infrastructure
renovation, public amenities, & residential improvements.
• Align other City plans (such as the Pedestrian Master Plan, Pavement Maintenance
Plan, etc.) with the amended General Plan's priorities.
• Develop design schematics for two "Healthy Corridor Pilot Projects" — Broadway (C St
to J St) and H Street (5 Freeway to 3rd Ave).
Contact Information
Brendan Reed
Environmental Resource Manager
619-409-5889
breed @chulavistaca.gov
Support City of Chula Vista Strategic Plan: 3. Healthy Community
Supportive, Built Environment Environmental Protection Healthy, Active Environment
• fosters
3.2 Develop& implement strategies that restore and protect resources and promote sustainability
L_3.3 Provide parks, open spaces, outdoor experiences, libraries, and recreation opportunities
2014-059eaA1fry Nulaca V lsta—Pruner(4/14/14 DRAFT) Page 103
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING A $100,000 SMART
GROWTH INCENTIVE PROGRAM PLANNING GRANT TO
THE TRANSNET FUND FOR DEVELOPMENT OF THE
HEALTHY CHULA VISTA INITIATIVE
WHEREAS,jurisdictions are becoming increasingly aware that cities play a critical role
in supporting the health and well-being of their communities; and
WHEREAS, factors contributing to a community's health can include walkable
neighborhoods, quality parks and open space areas, efficient transportation, and safe, clean
environments; and
WHEREAS, the Chula Vista Strategic Plan in 2013 specifically highlights supporting an
environment that fosters health and wellness, protecting natural resources and promoting
sustainability, and providing parks and recreational opportunities; and
WHEREAS, the City Council in January 2013 approved submittal of a grant application
to the San Diego Association of Governments' (SANDAG) TRANSNET Smart Growth
Incentive Program to develop a more comprehensive healthy communities plan and to begin
integrating healthy community concepts into planning and design documents; and
WHEREAS, the City of Chula Vista was recently awarded a two-year, $100,000 grant by
SANDAG to draft a "Healthy Chula Vista" Action Plan, amend the General Plan, Subdivision
Manual, Design Standards Manual, and other implementing documents to align with the new
Action Plan, and create design schematics for two "Healthy Corridor" pilot areas on H Street
(between 5 freeway & Third Avenue) and Broadway (between C & J Streets); and
WHEREAS, an internal multi-departmental team and community stakeholders will be
frequently engaged to provide guidance on the Healthy Chula Vista initiative's development and
implementation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it amends the Transportation Sales Tax Fund's (TransNet) fiscal year 2013-14 budget
by appropriating $85,000 to the Other Expense category and $15,000 to the Supplies and
Services category to be offset by a SANDAG Smart Growth Incentive Program grant to
implement healthy communities planning tasks.
Presented by Approved as to form by
Richard H. Hopkins Glen R. Googins
Public Works Director City Attorney
2014-05-27 Agenda Packet Page 104
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0258, Item#: 5.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) APPROVING AN
APPLICATION TO THE PORT OF SAN DIEGO FOR $75,000 IN FUNDING FOR HARBORFEST 2014
AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT; 2) WAIVING
THE CITY OF CHULA VISTA COMPETITIVE FORMAL BID REQUIREMENT AND APPROVING AN
AGREEMENT WITH MCFARLANE PROMOTIONS, INC. TO COORDINATE HARBORFEST 2014; AND
3) APPROVING AN APPROPRIATION FROM THE GENERAL FUND OF $7,500 FOR INITIAL
PAYMENT TO MCFARLANE PROMOTIONS (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution
SUMMARY
The City of Chula Vista is collaborating with local agencies and volunteers to hold HarborFest August
16, 2014. The event will attract residents and visitors from throughout the region and promote
entertainment and outdoor activities on the Port of San Diego tidelands and Chula Vista Bayfront.
ENVIRONMENTAL REVIEW
The Development Services Department Director has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because the project is
approval of City sponsorship for the Harbor Fest and approval of an application for grant funds for the
Harbor Fest, all of which are administrative activities that will not result in a direct or indirect physical
change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The City of Chula Vista is collaborating with local agencies and volunteers to hold HarborFest in the
summer 2014. The event will support activation of the City of Chula Vista Bayfront and Port of San
Diego Tidelands. Activities include entertainment, a Kids Zone, live music performances, a Seafood
Festival and Wine and Craft Beer Garden, a car and boat show, paddle board demonstrations, and
other activities. Sponsorship and fundraising activities are underway through a committee established
by Councilmember Pamela Bensoussan. A $10,000 grant for Community Enhancement Funding
from the County of San Diego has been requested. A grant for $75,000 is being requested from the
Port of San Diego. The attached resolution supports the filing of an application with the Port of San
Diego for a Community Event Sponsorship grant.
The success of HarborFest 2014 depends upon expert coordination and planning with vendors,
City of Chula Vista Page 1 of 2 Printed on 5/22/2014
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File#: 14-0258, Item#: 5.
musical groups, festival participants, and others. McFarlane Promotions' experience, qualifications
and success in planning large-scale public events makes the firm uniquely qualified to coordinate
HarborFest 2014. Additionally, the City requires third-party accounting assistance that McFarlane
Promotions will provide to collect and manage funds from ticket sales, booth registration fees, and
other event fees. The attached resolution supports approval of a sole source agreement with
McFarlane Promotions to coordinate HarborFest 2014.
Potential City risks and liabilities have been mitigated through standard levels of insurance required
of the event provider and a special events policy to be purchased by the City and reimbursed out of
event proceeds.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is
not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. HarborFest 2014 will
advance the Economic Vitality goal by activating the Bayfront and bringing new and returning visitors
to enjoy activities, shop, and dine. The connected Community Goal Emphasizes activities, like
HarborFest, that enrich the community's quality of life.
CURRENT YEAR FISCAL IMPACT
There is no fiscal impact from approving the filing of an application with the Port of San Diego for
sponsorship funding for Harborfest 2014. Should the Port of San Diego approve the application,
these one-time funds will be used to help offset the cost of the event.
Staff is requesting an appropriation of $7,500 from the General Fund to allocate the initial payment
for services outlined in the agreement for McFarlane Promotions. This amount will be reimbursed to
the General Fund by HarborFest sponsorship dollars when they are received. The McFarlane
Promotions fee and HarborFest event costs should be funded by revenue generated from HarborFest
2014. There may be an impact to the General Fund if insufficient funds are generated through
HarborFest revenues.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
Attachment A: McFarlane Promotions Agreement
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA 1) APPROVING AN APPLICATION TO THE
PORT OF SAN DIEGO FOR $75,000 IN FUNDING FOR
HARBORFEST 2014 AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO A GRANT AGREEMENT; 2)
WAIVING THE CITY OF CHULA VISTA COMPETITIVE
FORMAL BID REQUIREMENT AND APPROVING AN
AGREEMENT WITH MCFARLANE PROMOTIONS, INC. TO
COORDINATE HARBORFEST 2014; AND 3)APPROVING AN
APPROPRIATION FROM THE GENERAL FUND OF $7,500
FOR INITIAL PAYMENT TO MCFARLANE PROMOTIONS
WHEREAS, the City of Chula Vista is actively engaged in establishing signature
community events that attract residents and visitors; and
WHEREAS, HarborFest 2013 attracted more than 10,000 residents and visitors to the
Chula Vista Bayfront and Port of San Diego Tidelands; and
WHEREAS, the application deadline for the Port of San Diego Community Event
Sponsorship was May 2, 2014 and, the City Manager submitted an application to meet that
deadline; and
WHEREAS, the City Council ratifies the City Manager's actions in submitting that
application and desires that the City Manager have the authority to take all actions reasonably
necessary on behalf of the City to obtain the Community Event Sponsorship Funding, including
signing an agreement with the Port of San Diego for such funding; and
WHEREAS, the success of HarborFest depends upon expert coordination and planning
with vendors, musical groups, festival participants, and others; and
WHEREAS, the City requires third-party accounting assistance to collect and manage
funds from ticket sales, booth registration fees, and other fees;
WHEREAS, McFarlane Promotions' experience, qualifications and success in planning
large-scale public events makes the firm uniquely qualified and the City's interests would be
materially better served by entering into a sole source agreement with McFarlane Promotions;
and
WHEREAS,pursuant to Chula Vista Municipal Code Section 2.56.070, staff is
recommending that the City Council waive the formal bidding process and hire McFarlane
Promotions as a sole source; and
2014-05-27 Agenda Packet Page 107
WHEREAS, McFarlane Promotions warrants and represents that the firm is experienced
and staffed in a manner such that it can coordinate and deliver the services within the timeframes
required by the City.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the filing of an application for Port of San Diego Community Event Sponsorship
funding and ratifies the actions taken by the City Manager to do so; and authorizes the City
Manager or his designee to sign a grant agreement with the Port of San Diego, subject to review
and approval by the City Attorney, should the City receive the grant funding.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby waive the competitive bidding process and approves the Production Agreement between
the City and McFarlane Promotions, Inc., in the form presented, with such minor modifications
as may be required or approved by the City Attorney, a copy of which shall be kept on file in the
Office of the City Clerk, and authorizes and directs the Mayor to execute same.
BE IT FURTHER RESOLVED that the City Council appropriates $7,500 to the General
Fund—City Manager's Administrative budget,to make an initial payment to McFarlane
Promotions with funding to be reimbursed from HarborFest 2014 sponsorships and fees.
Presented by Approved as to form by
James D. Sandoval Glen R. Googins
City Manager City Attorney
2014-05-27 Agenda Packet Page 108
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Glen R. Goggins ),1
'--'City Attorney
Dated:
AGREEMENT
BETWEEN.
MCFARLANE PROMOTIONS, INC. AND
THE CITY OF CHULA VISTA
2014-05-27 Agenda Packet Page 109
PRODUCTION AGREEMENT
11 i
This Agreement is effective this day of �V 2014,
between McFarlane Promotions, Inc. ("Production Company"), a Cal ' is corporation %,ith a
principal place of business at 656 5th Avenue, Suite B, San Diego, CA 9 21oi, and City of Chula
Vista ("Client" or "City"), a municipal chartered corporation of the State of California %%ith a
principal place of business at 276 Fourth Avenue, Chula Vista, CA 9191o.
ARTICLE i. TERM OF CONTRACT
Section i.w. This Agreement shall take effect upon full execution, as of the effective
date stated above and shall continue in effect through December 31, 20x4, unless terminated
earlier as provided in this Agreement.
ARTICLE 2. SERVICES TO BE PERFORMED BY PRODUCTION
COMPANY
Specific Services
Section 2.01. Conditional upon receipt of an executed Agreement and receipt of the
deposit as specified herein, Production Company agrees to assist in coordinating an event for
HarborFest in Chula Vista, CA on Saturday, August 16, 2014 including:
Production and Technical Services
Scheduling&Optimization
• Work Nvith Client to establish an event budget
• Create a timeline for the event
• Coordinate urith Client to decide on format of the evening
• Attend four pre-event meetings
• Produce a production schedule of items, %%ith all appropriate parties, outlining all steps
in pre-production, load in of the event, the event, and load out of the event
• Oversee the event before, during and after the event
• Write and disseminate appropriate thank you cards
Management
• Work N-6th event managers to insure that production expenses do not exceed budgeted
costs
• Order and coordinate the power
• Order and coordinate the audio for the event
• Order and coordinate staging
• Order and coordinate lighting for stage and venue(if needed)
• Order and coordinate clean up and dumpsters
• Order and coordinate porta potties/restrooms
• Order and coordinate the EMT
• Secure event radios for entire production staff
• Coordinate Beer Garden
• Order all rentals for the entire event (i.e. belly bars, bars, tables, chairs, tent, etc.)
Page 1 of 11 C�:�o 2014-05-27 Agenda Packet Page 110
• Be the onsite rental coordinator for the venue
• Make sure the rentals are going up on schedule
• Make sure every booth and area has the necessary rentals
• CAD drawing and Mapping Services
• Coordinate backstage green rooms, vendor booths, Front of House, stage rentals, VIP,
event belly bars, etc.
• Secure and coordinate the street closure plan
• Order all street closure signs, barricades, delineators, no park signs, etc.
• Act as onsite street closure coordinator
• Secure all event signage as necessary for the venue
• Coordinate staff to assist with signage plans
• Create waste disposal design, scheduling, coordination, recycling and storm water plan
• Create pre, during and post-event cleaning plan
• Budget, coordinate&schedule security
• Create all security post positions and instructions
• Work with security on creating dot map
• Create credential board for the security posts
• Create all event credentials and credential definitions
• Assist Nvith all sponsor production requests
Fee Collection, Ticket Sales, Process and Pay Invoices
Production Company agrees to collect and process all HarborFest revenues and
security deposits for vendors, commercial and non-profit booth rentals, and ticket
sales for Seafood Fest, Beer Fest, and Wine Fest. These payments may be in the
form of a check, credit card, or cash. Production Company will enter into
contracts directly with vendors and use funds collected to pay for expenses pre-
approved by Client, including but not limited to advertising, printing, signage,
audio visual, staging, rental items (tables, chairs, tents, etc.), porta potties, or
other items agreed to by the parties, but only to the extent of available funds.
Client will receive and process all sponsor and donation funds and pay for larger
expenses such as staging, power, and rentals (to the extent of available funds).
Within 90 days of event, Production Company will provide a full accounting of
all payments received and expenses paid. This accounting will include a detailed
accounting of all vendor, commercial and non-profit booth rentals and a
summary accounting of ticket sales for Seafood Fest, Beer Fest and Wine Fest. In
addition, Production Company will provide an itemized accounting of all
expenses paid, including copies of invoices and cancelled checks. Any funds
remaining on account with Production Company after payment of all event
expenses will be remitted to Client.
Meetings and Permitting
• Attend all community meetings
• Attend all necessary internal, merchant and city meetings
• Secure all special event permits the City of Chula Vista
• Secure Health Department license for the event%%ith the City of San Diego
• Interact%%ith Chula Vista city officials to include;
o ABC
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2014-05-27 Agenda Packet ge 111
• Traffic
• Police
• Fire
• Risk management
• Special Events Office
• Health Department — City of San Diego
• Electrical
• Recvcle
• EMS
o Park and Rec
• Port of San Diego
• MTS
o Etc.
• Secure all necessary insurance from all production vendors naming the City of Chula
Vista and client as additionally=insured
Retail& Food Vendor Coordination
• Create vendor participation form
• Mail&email out vendor form and follow up with phone calls
• Secure all venue retail, food, food trucks and non-food vendors
• Secure all vendor insurance and health permits necessary for the event
• Secure all vendor payments
• Coordinate all necessary rental and power needs for each vendor
• Make sure all vendors follow recycling and storm water regulations
• Communicate%N ith all participating vendors prior to event to make sure they are aware
of all regulations, guidelines, etc.
• Create temporary load-in parking passes for vendors and long-term passes(if applicable)
• Handle all vendor calls/emails before, during and after event
• Assist non-profits with all of their needs for the event if they receive booths
• Fulfill all sponsorship booths and day of needs
• Map out placement of all vendors
• Assist with load-in of all vendors to ensure they know their booth placement, stay within
their allotted space and all of their needs are met
• Act as liaison to all vendors during event
• Coordinate the load out of all vendors to make sure residential and merchant guidelines
are followed
• Send thank you letters to participating vendors and follow up to make sure the event Nvas
successful from their perspective
Kid's Zone
• Create participation form for arts &crafts and interactive booths
• Secure all participants utilizing current database and use of research to find fresh and
exciting ideas
• Coordinate outdoor games and contests%Kith prizes
• Secure entertainment for stage
• Communicate with participants before, during and after event
• Assist with any additional logistics, permits, etc. (if needed)
• Coordinate layout and design
• Secure all rental and power requirements for area
• Create signage for each participant that corresponds with the ticket value
• Organize any vendors or sponsor needs
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2014-05-27 Agenda Packet Page 112
• Inform all participants of day-of information to include load in and out logistics,
regulations, etc.
• Coordinate load in and out of venue on event day
• Work with participants to make sure they are in correct booth space and all needs are
taken care of
• Communicate with all participants about ticketing procedures
• Send out thank you letters to all participants
• Create schedule of children's actiNrities, contests, etc.
• Assign coordinator to oversee the schedule of the children's area
Car& Boat Show
• Create car and boat registration forms
• Mail, collect and manage entries for both car and boat show
• Work with local Car Clubs& Boat Clubs to solicit their participation
• Create a database of entries for both car and boat show
• Send out acceptance letter for both car and boat show
• Liaison for car and boat entrants prior and during the event
• Coordinate load in and parking of cars and boats
• Work with Fire Marshall to make sure all cars and boats are following rules and city
regulations
• Coordinate load out of vehicles and boats
Seafood Fest&Wine/Craft Beer Garden
• Create restaurant and wine/craft beer registration forms
• Solicit participation for Seafood Fest and Wine/Craft Beer Garden
• Mail, collect and manage participants for both areas
• Create a database for participants for the Seafood Fest and Wine/Craft Beer Garden
• Liaison for restaurants, wineries and breweries prior and during the event
• Coordinate load in and load out for both areas
• Work with health department to make sure all restaurants and beverage vendors are
following the rules and regulations
Entertainment Management
• Research entertainment for the event
• Secure and contract entertainment for all stages
• Communicate all entertainment needs%�,rith appropriate vendors; i.e. sound, lighting, etc.
• Review and follow through with all entertainment riders for event
• Secure entertainment stage plots and input lists
• Coordinate meals
• Coordinate parking
• Coordinate green room requirements
• Finalize all equipment needs
• Act as entertainment liaison for the show
Sponsorship Information
• Secure sponsor contracts once sponsors are confirmed
• Invoice sponsors in timely matter to receive payment
• Obtain logos, company information, advertisements, special deals and website link from
sponsors to use on collateral materials and website
• Maintain open relationship with sponsors to ensure agreement and needs are met
• Send thank you cards to sponsors after event and follow up to make sure they were
pleased with participation
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Media/Press Plan
Television
• Pitch live spots for pre-event&day of coverage to the follov ing TV Stations and act as
media liaison,generate and distribute press release, PSA's media alerts, etc.:
• KUSI --TV
• KFM B —TV
• KNI SD --TV
• KGTV—TV
• SD6 —TV
•
FOX 5 — TV
• MYTV13 —TV
• U--T TV
Radio
• Contact local radio stations to receive proposals for event promotion
• Review Radio Contracts
• Distribute event graphics, public service announcements, etc. to radio stations for
promotions
• Secure and distribute promotional materials(i.e. gift certificates, product,discounts,
etc.) for Radio promotions
• Make sure all event information is up on radio websites
• Obtain sound clips from promotional spots for records
Graphic Design
• Create list of graphic design needs and send out for bids
• Obtain bids from graphic designers and select graphics designer
• Work Nsgth graphic artist to create and secure all collateral materials including but not
limited to:
-Advertising
-Posters
-Flyers
-Beer Garden Tickets, etc. for the event
-Programs
-Merchandise
Additional PR/Promotion Plan
• Initial Calendar Item release to all media
• Initial Press Release
• Media Alert
• Work N%gth graphic designer on all collateral material
• Create and secure all collateral materials including but not limited to; advertising,
posters, flyers&tickets
• Placement of promotional material (flyer, poster, etc.) in area restaurants, retail, bars,
etc.
Web Promotions
• Upload event information to over ioo event web listings
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TN%itter
• Create or work vdth existing Ti%fitter account and build a strong follower list
• Utilize Twitter to send updates to the public, publications and other followers ,% h event
updates including Kid's Zone, Car Show and Entertainment, as well as sponsorship
fulfillment and more
Facebook
• Create or work with existing Facebook account and build a strong friend list
• Utilize Facebook to send status updates to friends with event updates including Kid's
Zone, Car Show and Entertainment, as well as sponsorship fulfillment and more
Post Event Press Plan
• Organize, write and distribute media recap to include all articles, calendar notices, press,
and television coverage
Method of Performing Services
Section 2.02. Production Company gill determine the method, details, and means
of performing the above-described services. Production Company shall expend its best
efforts to meet the objectives of Client and, in doing so, strive to preserve the integrity of
Client in its relationships. Production Company agrees to abide by any policies and
procedures established by Client during the term of this Agreement. The Contact for this
agreement is Anne Steinberger, Marketing and Communications Manager.
ARTICLE 3. COMPENSATION
Rate
Section 3.01. Client agrees to pay Production Company the amount of $30,000
coordination fee plus any and all pre-approved expenses. The payment schedule is dependent
on when sponsorship/fees are raised and received. All coordination fee payments to be made
based on the schedule below and full payment of the contract is due no later than August 1,
2014. Reimbursement expenses are to be billed at the end of each month and final
reimbursements to be submitted no later than September 30, 2014.
• S7,500—due upon signing of agreement (deposit)
• S7,500—due by June 30, 2014 (to the extent funds are available)
• S7,500—due by July 15, 2014 (to the extent funds are available)
• S7,500—due by August 1, 2014 (to the extent funds are available)
If the City has not received sufficient sponsorship funds and the funds are not available to
make any of the above payments on the specified date, the funds will be paid upon receipt by
the City.
In addition to the above described compensation, Client agrees to pay Production
Company 51,000 monthly fee (effective June 15, 2014 — August 15, 2014) for collecting and
processing HarborFest revenues and expenditures. Client further agrees to reimburse
Production Company for all credit card processing fees incurred collecting event revenues.
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Production Company will invoice Client monthly for these services, including an accounting
of credit card processing fees due.
Change in Rate
Section 3.02. Compensation shall be adjusted dependent upon room size, room
availability, power and access charges, access to rigging and lifts, applicable fire codes,
policing costs, change in design specifications, change in equipment requests, change in
scheduling, union considerations or labor stoppage or acts of God. Rate does not include
venue power, rigging, fire watch, security, or on-site modifications. Any changes in design,
location or scheduling to the contracted services will result in additional charges to the Client
for shipping, labor, construction and other related costs. Any conditions beyond the control
of Production Company, including but not limited to weather conditions, venue changes and
time chances, causing delays to setup or tear down may result in reasonable additional labor,
transportation and other related costs. Production Company reserves the right to substitute
proposed items i►-ith items of equal or greater value due to unexpected circumstances. Any
change in rate pursuant to this section shall be subject to approval of the Client. Such
approval shall not be unreasonably withheld. Not%►ithstanding any other provision in this
Agreement to the contrary, total compensation and expense reimbursement that may be due
and payable to Production Company under this Agreement shall be limited to those charges
reimbursable through funds provided to the City by event sponsors or event revenues
reasonably projected based on an approved budget subject to Client's prior reasonable
approval.
Event Cancellation or Termination of Agreement by Client
Section 3.03. The deposit paid upon execution of this Agreement is not refundable
should the event be canceled or if this Agreement is terminated by Client. In addition, Client
shall pay Production Company upon such cancellation or termination a termination fee equal
to 50% of any unpaid compensation where such cancellation or termination occurs on or
before July 7, 2014, 75% where such cancellation or termination occurs on or before July 28,
2014 and i00% for any cancellation or termination occurring thereafter, plus any actual
direct costs expended or incurred by Production Company as a result of such cancellation or
termination.
Property Rights
Section 3.04. All production and services shall remain the property of Production
Company. Any lost or damaged items,.%ill be an additional charge to Client.
ARTICLE 4. OBLIGATIONS OF PRODUCTION COMPANY
Non-Exclusive Relationship
Section 4.01. Production Company may represent, perform services for, and
contract ►vith as many additional clients, persons, or companies as Production Company, in
its sole discretion, sees fit.
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NTorkers' Compensation
Section 4.02. Production Company agrees to provide Certificate e-6dencing CA
workers' compensation insurance for its employees and agents and Waiver of Subrogation
Endorsement.
Liability Insurance
Section 4.03. Production Company agrees to pro-6de broad form commercial
general liability insurance, including contractual liability, product liability and completed
operations in an amount of not less than Sl,000,000.00/S2,000,000.00, City to be endorsed
as Liability Additional Insured on a i) "Primary" basis; 2) Additional Insured Endorsement
must not exclude, "Products / Completed Operations hazard; and business automobile
liability of not less than S2,000,000.00/S4,000,000.00. Waiver of Subrogation
Endorsement to be provided. If Production Company maintains higher limits than the
minimums shown above, the Entity requires and shall be entitled to coverage for the higher
limits maintained by the contractor.
Limited Liability
Section 4.04. [Intentionally Deleted.]
Production Company's Qualifications
Section 4.05. Production Company represents that it has the qualifications and
skills necessary to perform the services under this Agreement in a competent, professional
manner. This means Production Company is able to fulfill the requirements of this
Agreement. Failure to perform all the services required under this Agreement constitutes a
material breach of the Agreement.
Indemnity
Section 4.O6. Production Company agrees to indemnify, defend, and hold Client
free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities,
damages, recoveries, and deficiencies, including interest, penalties, attorneys' fees, and costs,
that Client may incur as a result of a breach by Production Company of any representation or
agreement contained in this Agreement. In addition, Production Company shall defend,
indemnify, protect and hold harmless the Client, its elected and appointed officers, agents
and employees, from and against any and all claims, demands, causes of action, costs
(including, without limitation attorneys' fees), 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 Production
Company, its officials, officers, employees, agents and contractors, arising out of or in
connection with the performance of the Specific Services or this Agreement. This indemnity
provision does not include any claims, damages, liability, costs and expenses (including
%%ithout limitations, attorneys' fees) arising from the sole active negligence or willful
misconduct of the Client, its officers, employees. Production Company's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the Client, its
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directors, official, officers, employees, agents, and/or volunteers. Production Company's
obligations under Article 4. shall survive the termination of this Agreement.
Assignment
Section 4.07. Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by Production Company %,dthout the prior written consent of
Client.
ARTICLE 5. OBLIGATIONS OF CLIENT
Cooperation of Client
Section 5.01. Client agrees to comply %N ith all reasonable requests of Production
Company and provide access to all documents reasonably necessary to the performance of
Production Company's duties under this Agreement.
Assignment
Section 5.02. Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by Client without the prior %%Titten consent of Production
Company.
ARTICLE 6. GENERAL PROVISIONS
Notices
Section 6.o1. Any notices required to be given under this agreement by either party
to the other may be effected by personal delivery in ►►Titing or by mail, registered or certified,
postage prepaid %%ith return receipt requested. Mailed notices must be addressed to the
parties at the addresses appearing in the introductory paragraph of this Agreement, but each
party may change the address by gi,%ing ►►Titten notice in accordance %%ith this paragraph.
Notices delivered personally %%ill be deemed communicated as of actual receipt; mailed
notices ►►rill be deemed communicated as of the day of receipt or the fifth day after mailing,
whichever occurs first.
Entire Agreement of the Parties
Section 6.02. This Agreement supersedes any and all agreements, either oral or
►►Titten, between the parties iAth respect to the rendering of services by Production Company
for Client and contains all of the representations, covenants, and agreements between the
parties ►►rith respect to the rendering of those services. Each party to this agreement
acknowledges that no representations, inducements, promises, or agreements, orally or
othem ise, have been made by any party, or anyone acting on behalf of any party, which are
not contained in this Agreement, and that no other agreement, statement, or promise not
contained in this Agreement i►-ill be valid or binding. Any modification of this Agreement ►-ill
be effective only if it is in writing signed by the party to be charged.
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Partial Invalidity
Section 6.03. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in
full force and effect without being impaired or invalidated in any way.
Arbitration
Section 6.04. Any controversy or claim arising out of or relating to this Agreement
or the breach of the Agreement will be settled by arbitration in accordance with the rules of
the American Arbitration Association. Judgment on the award rendered by the arbitrators
may be entered in any court having jurisdiction over the award.
Attorneys' Fees
Section 6.05. If any legal action or arbitration, including an action for declaratory
relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party
%%rill be entitled to reasonable attorney's fees, which may be set by the court or arbitrator in
the same action or in a separate action brought for that purpose, in addition to any other
relief to which that party may be entitled.
Governing Law
Section 6.06. This Agreement will be governed by and construed in accordance with
the laws of the State of California.
Administrative Claims Requirements and Procedures
Section 6.07. No suit or arbitration 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 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.
Capacity of Parties.
Section 6.08 Each signatory and party to this Agreement 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.
Executed at San Diego, California, on the date and year first above%%Titten.
McFarlane mot'
B
cFarlane, CEO
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City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Glen R. Googins, Cite Attorney
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0262, Item#: 6.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACCEPTING BID,
AWARDING THE CONTRACT FOR THE "BROADWAY DRAINAGE IMPROVEMENT PROJECT
BETWEEN MAIN STREET AND SOUTH CITY LIMITS IN THE CITY OF CHULA VISTA,
CALIFORNIA (CIP# STM367)" TO JUST CONSTRUCTION IN THE AMOUNT OF $888,000
WAIVING CITY COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL
AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $133,200
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
On April 9, 2014, the Director of Public Works received eight (8) sealed bids for the "Broadway
Drainage Improvement Project, between Main Street and South City Limits (STM367)". The proposed
resolution, if approved, would accept the bids, award the contract to Just Construction in the amount
of $888,000, waive City Council Policy 574-01, and authorize the expenditure of all available
contingency funds in an amount not to exceed $133,200.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class
1 (c) categorical exemption pursuant to Section 15301 [Existing Facilities] of the State CEQA
Guidelines because the proposed scope of work consists of replacement of existing drain pipe
facilities and headwall within existing street right-of-way and private easement involving no expansion
of an existing use. Thus, no further environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Broadway Drainage Improvement project involves the installation of approximately 1,600 lineal
feet of a combination of reinforced concrete pipe (RCP) and high-density polyethylene (HDPE) storm
drain pipes, clean-outs, curb-inlets and upstream energy dissipator. The project will convey rainfall
run-off from Broadway directly into the Otay River.
On April 9, 2014, the Director of Public Works received eight (8) seal bids. The following bids were
received:
Contractor 113id Amount
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File#: 14-0262, Item#: 6.
1. Just Construction - San Diego, CA $888,000
2. Schilling Paradise Corp. - El Cajon, CA $912,500
3. New Century Construction - Lakeside, CA $917,175
4. Blue Pacific Eng. & Construction Inc. - San Diego, CA $938,200
5. Alvan Construction Inc.- Poway, CA $962,500
6. GRFCO, Inc.- Moreno Valley, CA $988,000
7. Ortiz Corp., National City, CA $1,162,854
8. Weird Construction- Escondido, CA $2,301,040
The low bid submitted by Just Construction is below the Engineer's estimate of$925,500 by $37,500,
or approximately 4%. In the past, Just Construction has satisfactorily performed construction projects
for the City of Chula Vista. Just Construction is a Licensed General Contractor Class A with a current
and active License No.968910.
Staff reviewed the lowest bid submitted by JUST Construction and determined the bid package is
complete, with no errors and omissions. Therefore, staff recommends awarding a construction
contract to JUST Construction in the amount of$888,000.
The proposed resolution would also authorize the Director of Public Works to approve change orders
over and above existing policy limits. Under City Council Policy No. 574-01, when an individual
change order causes the cumulative increase in change orders to exceed the Director's authority
("Maximum Aggregate Increase in Change Orders"), City Council approval is required. For this
project the corresponding maximum aggregate contract increase that may be approved by the
Director of Public Works under Policy No. 574-01 is $65,160. Approval of tonight's resolution would
increase the Director of Public Works' authority to approve change orders, as necessary, up to the
contingency amount of $133,200, an increase of $68,040 over Policy No. 574-01. Increasing the
contingency funds will allow staff to continue the project without delay should unforeseen
circumstances resulting in increased project costs arise during the course of construction, as well as
make adjustments to bid item quantities. Unforeseen conditions include such items as utility
conflicts, hazardous materials, unexpected underground conflicts, etc. If the contingency funds are
not used, then they will be returned to the project fund balance.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement as Attachment 1.
Wage Statement
The source of funding for this project is TransNet Funds. Contractors bidding this project are not
required to pay prevailing wages to persons employed by them for the work under this project.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action. Staff is not
independently aware, and has not been informed by any City Council member, of any other fact that
may constitute a basis for a decision maker conflict of interest in this matter.
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File#: 14-0262, Item#: 6.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The Drainage
Improvement along Broadway between Main Street and South City Limits project support the Strong
& Secure Neighborhood goal as it will ensure a sustainable and well maintain drainage infrastructure
by improving existing storm drain capacity and help insure the storm drain facilities meets the need
of the public.
CURRENT YEAR FISCAL IMPACT
Sufficient TransNet Funds are available in CIP Project No. STM367 to complete the project. There is
no direct impact to the General Fund. The table below summarizes the project construction costs.
FUNDS REQUIRED FOR CONSTRUCTION CONTRACT
A. Base Contract Amount B. Contract Co $888,000
Inspection Staff Costs D. Design/Survey/N$133,200
$60,000
$50,000
TOTAL FUNDS REQUIRED FOR CONS $1,131,200
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require only routine City maintenance.
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COUNCIL RESOLUTION NO. 2014-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AWARDING THE
CONTRACT FOR THE "BROADWAY DRAINAGE
IMPROVEMENT PROJECT BETWEEN MAIN STREET AND
SOUTH CITY LIMITS IN THE CITY OF CHULA VISTA,
CALIFORNIA (CIP # STM367)" TO JUST CONSTRUCTION
IN THE AMOUNT OF $888,000, WAIVING CITY COUNCIL
POLICY 574-01 , AND AUTHORIZING THE EXPENDITURE
OF ALL AVAILABLE CONTINGENCY FUNDS IN AN
AMOUNT NOT TO EXCEED $133,200.
WHEREAS, this project involves the installation of approximately 1 ,600 lineal feet
of a combination of reinforced concrete pipe (RCP) and high-density polyethylene
(HDPE) storm drain pipes, clean-outs, curb-inlets and upstream energy dissipator. The
project will convey rainfall run-off from Broadway directly into the Otay River; and
WHEREAS,The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the project qualifies for a Class 1 (c) categorical exemption pursuant to Section
15301 [Existing Facilities] of the State CEQA Guidelines because the proposed scope
of work consists of replacement of existing drain pipe facilities and headwall within
existing street right-of-way and private easement involving no expansion of an existing
use. Thus, no further environmental review is required; and
WHEREAS, on April 9, 2014, after a public bidding process, the Director of
Public Works received eight (8) sealed bids for the ""Broadway Drainage Improvement
Project, between Main Street and South City Limits in the City of Chula Vista (STM367)"
project; and
WHEREAS, the eight (8) bids submitted are as follows:
CONTRACTOR BID AMOUNT
1 . Just Construction — San Diego, CA $888,000.00
2. Schilling Paradise Corp. — El Cajon, CA $912,500.00
3. New Century Construction — Lakeside, CA $917,175.00
4. Blue Pacific Eng. & Construction Inc. — San Diego, CA $938,200.00
5. Alvan Construction Inc.— Poway, CA $962,500.00
6. GRFCO, Inc.- Moreno Valley, CA $988,000.00
7. Ortiz Corp., National City, CA $1 ,162,854.00
8. Weird Construction- Escondido, CA $2,301 ,040.00
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2014-05-27 Agenda Packet Page 124
Resolution No. 2014-
Page 2
WHEREAS, the low bid submitted by Just Construction is below the Engineer's
estimate of$925,500 by $37,500 (approximately 4 %); and
WHEREAS, in the past, Just Construction has satisfactorily completed projects
for the City of Chula Vista; and
WHEREAS, Just Construction is a licensed General Engineering Contractor
Class A with a current and active License No. 968910; and
WHEREAS, Contractors bidding this project are not required to pay prevailing wages to
persons employed by them for the work under this project.; and
WHEREAS, sufficient TransNet funds are available in the CIP Project No.
STM367 to complete the project; and
WHEREAS, a breakdown of construction costs is as follows:
FUNDS REQUIRED FOR CONSTRUCTION CONTRACT
A. Base Contract Amount $888,000
B. Contract Contingencies $133,200
C. Construction Inspection Staff Costs $60,000
D. Design/Survey/Monument Preservation $50,000
TOTAL FUNDS REQUIRED FOR CONSTRUCTION CONTRACT $1,131,200
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it accept bids and awards the contract for the "Broadway Drainage
Improvement Project, between Main Street and South City Limits (STM367)" project to
Just Construction in the amount of $888,000,
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
does hereby waive Council Policy No. 574-01 and authorize the expenditure of all
available contingency funds in an amount not to exceed $133,200.
Presented by Approved as to form by
Richard A. Hopkins Glen R. Googins
Director of Public Works City Attorney
2014-05-27 Agenda Packet Page 125
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01,prior to any action upon matters that will require discretionary action
by the Council,Planning Commission and all other official bodies of the City,a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed.The following information must be disclosed: j
1. List the names of all persons having a financial interest in the property that is the subject of the I
application or the contract,e.g.,owner,applicant,contractor, subcontractor,material supplier.
N/A
2. If any persioe identified pursuant to(1)above is a corporation or partnership,list the names of all
individuals with a$2000 investment in the business(corporation/partnership)entity.
NIA
i
3. If any person*identified pursuant to(1)above is a non-profit organization or trust,list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
NIA
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
NIA
5. Has any person*associated with this contract had any financial dealings with an official"of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes No x
r
s
3
i
21
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2014-05-27 Agenda Packet Page 126
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If Yes briefly describe the nature ofthe financial interest the official may have in this contract.
6. Have you made a contribution of more than$250 within the past twelve(12)months to a current j
member of the Chula Vista City Council?No X Yes^If yes,which Council member?
7. Have you provided more than $340 (or an item of equivalent value)to an official" of the City
of Chula Vista in the past twelve(12)months?(This includes being a source of income,money to
retire a legal debt,gift,loan,etc.)Yes_ No_x
If Yes,which official"and what was the nature of item provided?
Date: April 09,2014
Si Lure of Contractor/Applicant
J t Construction, Inc.
Print or type name of Contractor/Applicant
Person is defined as: any individual, firm, co-partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county,
city, municipality, district, or other political subdivision, -or any other group or combination
acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
22
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2014-05-27 Agenda Packet Page 127
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0281, Item#: 7.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A
DONATION IN THE AMOUNT OF $4,110 FROM THE FRIENDS OF CHULA VISTA PARKS &
RECREATION FOR COSTS ASSOCIATED WITH CRITICAL HOURS PROGRAMMING AND
EQUIPMENT AND PROGRAM NEEDS AT CITYWIDE RECREATION FACILITIES AND AMENDING
THE FY2013-2014 RECREATION BUDGET TO REFLECT THE APPROPRIATION OF THESE
DONATED FUNDS (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The Friends of Chula Vista Parks & Recreation is donating funds to the Recreation Department for
costs associated with Critical Hours programming and equipment and programming needs at
citywide recreation facilities. Today's action asks the City Council to appropriate these donated
funds.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as
defined under Section 15378 of the State of California CEQA Guidelines because the activity
consists of a governmental administrative/fiscal activity that will not result in direct or indirect physical
changes in the environment. Therefore, pursuant to Section 15060(c)(3) of the State of California
CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Friends of Chula Vista Parks & Recreation is donating $4,110 from proceeds from the 2013
Chula Vista Community Fun Run to the Recreation Department for costs associated with Critical
Hours programming and the purchase of equipment and supplies for various recreation facilities.
Donated funds will be utilized to purchase game room equipment for Heritage, Otay and Parkway
Centers to be utilized during "Critical Hours" after-school programming at each center and for the
purchase of a digital camera for Norman Park Center to be utilized for marketing and promotion of
programs. In addition, the funding will be utilized to provide two free movies in the park events for the
community, one at Heritage Center and one at Memorial Park & Bowl.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
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File#: 14-0281, Item#: 7.
specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2
(a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed
by any City Council member, of any other fact that may constitute a basis for a decision maker
conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. Entering into
partnerships with outside donors and sponsoring organizations such as the Friends of Chula Vista
Parks & Recreation allows the Recreation Department to expand and enhance programs and
services such as Critical Hours programming and special events such as Summer Movies in the
Park, increasing economic vitality and community engagement as well as providing diversified
activities for youth through seniors that promote a healthy lifestyle and community.
These partnerships also serve to encourage and develop strong and secure neighborhoods and a
connected community by providing diverse recreational opportunities that bring families together and
foster civic pride through comprehensive communication strategies and cultural and recreational
programming.
Collaboration with individuals and organizations for programs such as these also serves to provide
responsive and responsible public service and operational excellence by improving the effectiveness
of how the Recreation Department communicates the diverse opportunities and resources available
to the community.
CURRENT YEAR FISCAL IMPACT
Approval of this resolution will result in an appropriation of $4,110 to the Recreation Department's
supplies and services budget. The Friends of Chula Vista Parks & Recreation is the source of the
funding; therefore there is no net fiscal impact to the City.
ONGOING FISCAL IMPACT
The one-time donation from the Friends of Chula Vista Parks & Recreation has no ongoing fiscal
impact.
ATTACHMENTS
Resolution
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COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A DONATION IN THE
AMOUNT OF $4,110 FROM THE FRIENDS OF CHULA
VISTA PARKS & RECREATION FOR COSTS ASSOCIATED
WITH CRITICAL HOURS PROGRAMMING AND
EQUIPMENT AND PROGRAM NEEDS AT CITYWIDE
RECREATION FACILITIES AND AMENDING THE FY2013-
2014 RECREATION BUDGET TO REFLECT THE
APPROPRIATION OF THESE DONATED FUNDS
WHEREAS, the City of Chula Vista is receiving a donation from the Friends of Chula
Vista Parks & Recreation, in the amount of $4,110 from proceeds from the 2013 Community
Fun Run; and
WHEREAS, the City of Chula Vista Recreation Department will use these donated funds
for the purchase of equipment and supplies for "Critical Hours" after-school programming and
equipment and program needs at citywide recreation facilities; and
WHEREAS, accordingly, all donated funds will be appropriated to the Recreation
Department's FY2013-2014 supplies and services budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it hereby accept and appropriate $4,110 from the Friends of Chula Vista Parks & Recreation
to the FY2013-2014 Recreation Department's Supplies and Services budget.
Presented by Approved as to form by
Kristi McClure Glen R. Googins
Director of Recreation City Attorney
2014-05-27 Agenda Packet Page 130
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0283, Item#: 8.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE
PURCHASE OF THREE USED VEHICLES FROM SOUTH BAY VOLKSWAGEN FOR THE CHULA
VISTA PUBLIC LIBRARY AND FOR THE CHULA VISTA RECREATION DEPARTMENT, AND
APPROPRIATING FUNDS ACCORDINGLY (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Approval of this resolution will permit purchase of three used vehicles for the City of Chula Vista to be
used by the Chula Vista Public Library and the Chula Vista Recreation Department.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as
defined under Section 15378(b)(2) of the State CEQA Guidelines because it involves only the
purchase of three vehicles; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thurs, no environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
The Board of Library Trustees supports this action.
DISCUSSION
South Bay Volkswagen (SBVW) and its general manager, Rudy Erm, have generously donated no-
cost leased vehicles to the Chula Vista Public Library Foundation for more than a decade. For liability
and insurance reasons, SBVW can no longer offer this arrangement. SBVW has offered the City the
opportunity to buy the current leased vehicles at a low cost. In addition, SBVW has offered to donate
no-cost vehicle maintenance for the life of the vehicles, and has included extended additional two-
year, 24,000 warranties on each vehicle. The two vehicles proposed for purchase for the Chula Vista
Public Library are a 2012 Volkswagen Beetle, to be used for outreach and public relations, and a
2012 Volkswagen Routan van, to be used for daily interlibrary delivery and other transportation
needs. The third vehicle proposed for purchase for the Recreation Department is a 2012 Volkswagen
Routan to be used for neighborhood outreach and offsite programs. Competitive bid procedures,
pursuant to CVMC 2.56.090 are being waived for this purchase. SBVW is uniquely qualified to
provide the vehicles in question. All three vehicles already have expensive custom wrap designs
provided by SBVW, advertising the City of Chula Vista, and library and outdoor activity themes.
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
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File#: 14-0283, Item#: 8.
(a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed
by any City Council member, of any other fact that may constitute a basis for a decision maker
conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The proposed vehicle
purchase supports the Operational Excellence and Economic Vitality goals through an efficient and
cost effective acquisition of necessary capital equipment; it supports the Connected Community goal
by assuring that a popular community icon "The Book Bug" will be available to represent some of the
most positive aspects of City services for many years to come. It supports the Healthy Community
goal by creating offsite neighborhood opportunities for health and fitness outreach.
CURRENT YEAR FISCAL IMPACT
Sufficient expenditure savings have been identified in the Library Department and Recreation
Department budgets for the purchase of three used vehicles from South Bay Volkswagen. Approval
of this resolution will authorize the following transfers:
• Library Department - A transfer of $25,200 from Utilities and $10,000 from Personnel Services
to the Capital Expense category.
• Recreation Department - A transfer of $18,400 from Personnel Services to the Capital
Expense category.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact from the purchase of this equipment.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE OF THREE
USED VEHICLES FROM SOUTH BAY VOLKSWAGEN FOR
THE CHULA VISTA PUBLIC LIBRARY AND FOR THE
CHULA VISTA RECREATION DEPARTMENT, AND
APPROPRIATING FUNDS ACCORDINGLY (4/5 VOTE
REQUIRED)
WHEREAS, South Bay Volkswagen ("SBVW") and its general manager, Rudy Erm,
have generously donated no cost leased vehicles to the Chula Vista Public Library Foundation
for more than a decade; and
WHEREAS, for liability and insurance reasons, SBVW can no longer offer this
arrangement; and
WHEREAS, SBVW has offered the City the opportunity to buy the current leased
vehicles at a low cost; and
WHEREAS, SBVW has offered to donate no-cost vehicle maintenance for the life of the
vehicles; and
WHEREAS, the two vehicles proposed for purchase for the Chula Vista Public Library
are a 2012 Volkswagen Beetle, to be used for outreach and public relations, and a 2012
Volkswagen Routan van, to be used for daily interlibrary delivery and other transportation needs;
and
WHEREAS, the third vehicle proposed for purchase for the Recreation Department is a
2012 Volkswagen Routan to be used for neighborhood outreach and offsite programs; and
WHEREAS, staff has recommended that the competitive bid procedures, pursuant to
CVMC 2.56.090, be waived for this purchase, as the City's interests would be materially better
served by purchasing directly from SBVW because is uniquely qualified to provide the vehicles
in question, as these vehicles have been under lease to the City by SBVW and have already been
custom-designed for City purposes. .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it:
(i) Authorizes the purchase of three used vehicles from South Bay Volkswagen for
the Chula Vista Public Library and for the Chula Vista Recreation Department,
in the total amount of $53,600, waives the City's bid procedures for the
purchase, and authorizes the City Manager to execute all necessary
documentation, as approved by the City Attorney, to effectuate the purchase;
and
(ii) Appropriates the funds necessary for the purchase by authorizing the following
budget amendments:
Library Department - A transfer of $25,200 from Utilities and $10,000 from
Personnel Services to the Capital Expense category
2014-05-27 Agenda Packet Page 133
Recreation Department - A transfer of $18,400 from Personnel Services to the
Capital Expense category.
Presented by Approved as to form by
Betty Waznis Glen R. Googins
Director of Library City Attorney
2014-05-27 Agenda Packet Page 134
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0295, Item#: 9.
CONSIDERATION OF ADDING CHAPTER 8.27 TO THE CHULA VISTA MUNICIPAL CODE TO
REQUIRE TRAINING IN RESPONSIBLE ALCOHOLIC BEVERAGE SERVICE FOR ON-SALE
LICENSEES AND EMPLOYEES
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 8, HEALTH AND
SANITATION, BY ADDING CHAPTER 8.27, TRAINING IN RESPONSIBLE ALCOHOLIC
BEVERAGE SERVICE REQUIRED FOR ON-SALE LICENSEES AND EMPLOYEES, TO THE
CHULA VISTA MUNICIPAL CODE (FIRST READING)
RECOMMENDED ACTION
Council place ordinance on first reading.
SUMMARY
This ordinance will require that on-sale alcohol licensees and their employees complete training in
responsible alcoholic beverage service, either through the Department of Alcohol Beverage Control's
LEAD (Licensee Education on Alcohol and Drugs), or another privately offered RBS (Responsible
Beverage Service) program.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California Environmental Quality
Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section
15378 of the State CEQA Guidelines because it will not result in a physical change in the
environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is
not subject to CEQA. Thus, no environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Education Enhances Public Safety
Alcohol-related crime and disorder is preventable, through the personal responsibility of the
consumer and the professional responsibility of the provider. Accordingly, requiring training in
responsible alcoholic beverage service is important to enhance public safety in Chula Vista.
Underage drinking and alcohol-fueled injuries and deaths in vehicle crashes, sexual assaults,
domestic violence, and other crimes threaten public health and safety. Nuisance behavior linked to
ABC businesses or patrons also may diminish quality of life for owners, employees, other patrons,
and nearby residents. Educating providers in the responsible service of alcoholic beverages will go a
long way to prevent alcohol-related problems in the community.
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The Chula Vista Police Department (CVPD) regularly inspects and conducts enforcement operations
of on-sale alcohol licensees within the city. During inspections and operations within the past year,
incidents of a potentially dangerous nature as well as non-compliance with ABC regulations were
observed. In one recent undercover operation, an 18-year-old female was allowed entry into a bar
after midnight. Less than one month ago, a bar patron was assaulted outside of the bar after getting
into an altercation with other patrons. When officers arrived the subject was extremely intoxicated,
and witnesses, as well as video footage, confirmed he had been over-served at the bar. These
observations and activities have highlighted the need for continuous education for on-sale alcohol
establishment employees. Both proactive and reactive police activity at on-sale establishments with
high calls for service have required a significant amount of the Department's limited resources.
CVPD has held numerous community meetings as well as problem-solving campaigns to reduce
alcohol-related issues at these businesses. In addition to CVPD's efforts, prevention of alcohol
intoxication at on-sale establishments, at the point of service, is also needed.
The service of alcoholic beverages within the community comes with a great responsibility.
Therefore, a licensee and its employees must fully understand all of the laws surrounding the sales
and service of alcohol prior to serving their first beer. Those businesses that are properly trained in
California Law on a regular basis are better equipped to deny a sale based on the educated
observations of staff. Through continued cooperation with the community and enforcement
operations, CVPD believes an ordinance requiring LEAD and RBS training is necessary to most
effectively prevent alcohol-related crimes and injuries associated with on-sale establishments. The
training will assist and benefit the approximately 160 on-sale alcohol establishments in Chula Vista
by educating their staff on the responsibilities of providing alcohol service. Also on-sale
establishments that participate in responsible alcoholic beverage service training demonstrate to
patrons and the community that public safety is a paramount concern.
Other Cities and Impact Studies
Several cities in San Diego County have already enacted ordinances requiring alcohol
establishments to send employees to LEAD or RBS training. Those cities are: Imperial Beach,
National City, El Cajon, San Marcos, Encinitas, Vista, Poway, Solana Beach and Carlsbad. Many of
these ordinances were enacted within the past five years. The Center for Community Research
evaluated 3,006 surveys completed by participants in 95 LEAD courses throughout San Diego
County over the course of 3 years. The overwhelming majority (93% and above) of respondents
found the LEAD training topics to be "very useful" or "useful." (Center for Community Research,
2013). Evaluations of similar RBS programs throughout the world have shown a positive impact
when training is coupled with enforcement and the development of strong business policies (Wallin,
Norstrom & Andreasson, 2003). These studies show that a combination of training and enforcement
results in reductions in the number of intoxicated persons leaving a bar, car crashes, sales to
intoxicated patrons, sales to minors, and incidents of violence surrounding alcohol outlets (Wallin,
Norstrom, & Andreasson, 2003). While evaluations of the effectiveness of responsible beverage
service programs are limited, studies have shown the most effective programs are those that are
mandatory, include owners and managers and servers, and include a visible enforcement component
(US Department of Health and Human Services, 2002). The Chula Vista Police Department will
measure the success of requiring training by calculating the number of employees trained,
enforcement action taken, and any change in calls for service to on-sale establishments for disorderly
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and violent incidents.
In addition to a positive impact on public safety, these mandatory classes benefit businesses and
staff by boosting job skills and potentially reducing civil liability risks associated with service of
alcoholic beverages to an obviously intoxicated minor that results in injury or death. Cal. Bus. and
Prof. Code § 25602.1.
State and local governments can help prevent these tragedies through a combination of community
outreach, enforcement and mandatory training. Several states have adopted mandatory RBS
training laws (including Oregon, Washington, and New Mexico). The Institute of Medicine, in a
review of strategies to reduce youth access to alcohol, recommended, "States should require all
sellers and servers of alcohol to complete state-approved training as a condition of
employment." (2004: 172). The ordinance proposed would require the LEAD or RBS training on a
local level and therefore provide the City of Chula Vista with a prevention tool to reduce youth access
to alcohol.
Many on-sale alcohol outlets already participate voluntarily in RBS training in the interest of running a
responsible business and protecting public safety. The CVPD has hosted several LEAD trainings in
previous years with a high attendance rate. The mandatory training is necessary to ensure all
establishments and employees are educated in ABC law and the importance of preventing alcohol
intoxication. The ordinance is directed toward on-sale establishments due to the disorder and crime
potential of alcoholic beverage consumption and the opportunity to prevent over service at these
establishments. In their review of alcohol science research in a leading medical journal, Room and
colleagues argue that "the general rule in such situations is that it is easier and more effective for the
state to influence licensed occupational behavior than it is to influence the behavior of private
customers" (2005). Calls for service related to violent and disorderly patrons are higher at on-sale
establishments. The servers at on-sale establishments are critical in the prevention of alcohol
intoxication.
Proposed Ordinance
Based on the Chula Vista Police Department's problem analysis, the ordinance is recommended to
increase employee awareness of ABC-related laws and consequently amplify efforts to prevent
alcohol-related crimes and disturbances at on-sale alcohol establishments. The ordinance will apply
to all businesses with retail on-sale ABC licenses in Chula Vista, such as restaurants, taverns, night
clubs and bars. This also includes the Sleep Train Amphitheatre. The LEAD (Licensee Education on
Alcohol and Drugs) and RBS (Responsible Beverage Service) programs were developed as a result
of collaboration between law enforcement and local businesses to improve public health and safety
by increasing compliance with state and local law. The LEAD training is available at no cost and is
funded by the California Department of Alcoholic Beverage Control (ABC). The RBS training is
offered by private providers for a fee - usually less than $25.00 per person. The mission of the LEAD
and RBS programs is to provide high-quality, effective and educationally sound training on alcohol
responsibility and the laws related to California retail licensees and their employees. These programs
teach best practices in preventing service to minors and over-service to adults. Topics include ABC
and DUI laws, liability, recognizing signs of intoxication, refusing sales, guest safety, checking
identification, and recognizing false identification. Many ABC licensees in Chula Vista already enroll
their employees in these programs in the interest of promoting public safety, managing a safe and
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responsible business, and minimizing liability. Training lasts three to four hours and is regularly
available throughout the region in live classes, interactive online courses, or sessions at the
workplace.
A manager or supervisory employee who has completed LEAD or RBS training must be on the
business premises during operating hours. Any employee who serves alcohol must complete LEAD
or RBS training. Training must be completed within 6 months of the effective date of the ordinance,
hire of a new employee, or start of a new business, which ever date is soonest. Training certificates
will be considered valid for 4 years from date of completion. Proof of training must be kept on the
premises and available for inspection during business hours upon request by a Chula Vista Police
Officer or other designated City employee.
Community Outreach
Chief Bejarano sent a letter to each retail on-sale licensee on February 24, 2014 introducing and
summarizing the proposed ordinance, as well as inviting questions and comments. The Department
received four responses in support of the ordinance and zero responses in opposition. On April 10,
2014, Chief Bejarano sent a follow-up letter notifying licensees of the planned Council date to
propose the ordinance. He also provided information of a LEAD training in National City on April 24,
2014.
Training Opportunities
To facilitate the initial number of employees requiring training, CVPD will coordinate with ABC and
the Responsible Hospitality Coalition to sponsor LEAD training every three months. Subsequently,
CVPD will sponsor or coordinate LEAD training in the South Bay every six months. In the event that
licensees need to send an employee to a different training, the option of RBS exists and numerous
classes are offered throughout the county. The Chula Vista Police Department will proactively notify
each on-sale licensee about the requirements and opportunity for sponsored training upon passage
of the ordinance. CVPD will post information on training programs on its website and provide
information on training programs upon request.
Compliance
Pursuant to the ordinance, on-sale licensees will be required to maintain proof of training on the
business premises. The Chula Vista Police Department will intermittently conduct routine ABC
inspections and on-sale licensee owners or managers will be asked to provide proof that employees
are trained. The training provider issues a certificate to the employee once training is completed.
The Chula Vista Police Department recommends that after an employee receives training, they
provide a copy of the certificate to their employer, which will be kept on the premises. The business
is responsible for meeting the requirements of this ordinance, not the employee. As such, any
citations or fines will be issued to the ABC licensee.
A violation of any provision of this chapter or failure to comply with any requirement of this chapter is
an infraction and shall be punishable in accordance with the provisions of Chapter 1.20, General
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Penalty, of the Chula Vista Municipal Code, and other laws applicable to infractions.
References
Center for Community Research. (July 2013). Licensee Education on Alcohol and Drugs (LEAD)
Training Survey: Summary of Countywide Findings.
Institute of Medicine. (2004). Reducing Underage Drinking: A Collective Responsibility. National
Academies Press, Washington, DC.
Room, R., Babor, T., and Rehm, J. (2005 Feb 5-11). Alcohol and public health. The Lancet ,
365(9458), 519-30.
U. S. Department of Health and Human Services. (2002). National Institutes of Health. NIAAA Task
Force on College Drinking, A Call to Action: Changing the Culture of Drinking at U.S. Colleges.
Washington, DC.
Wallin, E., Norstrom, T., and Andreasson, S. (2003). "Alcohol Prevention Targeting Licensed
Premises: A Study of Effects on Violence." Journal of Studies on Alcohol 64(2):270-277.
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. Staff is not independently aware, nor has staff been informed
by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict
of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The proposed
ordinance supports the goal of Strong and Secure Neighborhoods by requiring education in
responsible alcohol service at the important point of service.
CURRENT YEAR FISCAL IMPACT
Approval of this ordinance will have no current year fiscal impact. The ordinance does not impose
any type of fee. The mandated training will be a requirement of ABC on-sale licensees to fulfill.
While training will be made available free of charge by ABC's LEAD program, some licensees may
direct their employees to an RBS fee-based training. Any training costs associated with RBS training
will be the responsibility of the business owner or employee, at the business owner's discretion.
Business inspections by Chula Vista Police Department will be done utilizing current resources.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 8, HEALTH AND SANITATION, BY ADDING
CHAPTER 8.27, TRAINING IN RESPONSIBLE ALCOHOLIC
BEVERAGE SERVICE REQUIRED FOR ON-SALE
LICENSEES AND EMPLOYEES, TO THE CHULA VISTA
MUNICIPAL CODE
WHEREAS, Chula Vista is a hospitality destination for visitors and residents; and
WHEREAS, Chula Vista is currently home to approximately 165 alcohol outlets licensed
by the California Department of Alcoholic Beverage Control (ABC) for retail on-sale, such as
restaurants, bars, taverns, and night clubs; and
WHEREAS, alcohol intoxication poses a threat to public health and safety in Chula
Vista, including underage drinking, injuries and deaths caused by vehicle crashes, sexual
assaults, fights, domestic violence and other crimes, as well as nuisance behavior; and
WHEREAS, training in serving alcoholic beverages responsibly is available in the
region, at no cost, in the Licensee Education on Alcohol and Drugs (LEAD)program; and
WHEREAS, similar programs incorporating best practices in the responsible service of
alcoholic beverages are available from private providers for a fee (often less than $25.00 per
person) in live classes at locations throughout the region, interactive online courses, and
workplace training sessions; and
WHEREAS, these programs train owners, managers and servers at on-sale establishments
to prevent over-service to adults, such as recognizing intoxication and refusing sales, and to
prevent service to minors, such as accurately checking identification and recognizing false
identification; and
WHEREAS, alcohol licensees and their employees who participate in responsible
beverage service training demonstrate to patrons and community members that public safety is a
paramount concern; and
WHEREAS, requiring education in the responsible service of alcoholic beverages is a
valid exercise of the City's police power and is necessary to secure and promote the public
health, safety, and welfare of the community.
2014-05-27 Agenda Packet Page 140
Ordinance
Page 2
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.
Chapter 8.27 TRAINING IN RESPONSIBLE ALCOHOLIC BEVERAGE SERVICE
REQUIRED FOR ON-SALE LICENSEES AND EMPLOYEES
8.27.010. Definitions.
As used in this chapter, the following words and phrases have the meanings set
forth in this section:
A. "Alcoholic beverage" shall have the same meaning as in the California
Business and Professions Code, Section 23004, or any successor section.
B. "Alcohol outlet" means any physical location or structure from which any
alcoholic beverage may be sold, delivered, or served pursuant to a retail on-sale license granted
by the California Department of Alcoholic Beverage Control (ABC) for the service and
consumption of alcohol.
C. "Business license" means a license authorizing a business to operate within
the city of Chula Vista, California.
D. "Licensee" means any person or entity that has a retail on-sale license issued
by the ABC, such as a bar,restaurant, tavern, or night club.
E. "Manager" means the person, regardless of job title or description, who has
discretionary powers to organize, direct, carry on, control or direct the operation of an alcoholic
outlet.
F. "Server" means any person who, as part of his or her employment, sells,
serves or delivers any alcoholic beverage.
G. "Patron" means a customer who purchases alcohol through a sale, service or
delivery.
H. "Responsible Beverage Service" (RBS) training or "Licensee Education on
Alcohol and Drugs" (LEAD) training means an education program, conducted by the ABC or by
a private provider, which incorporates best practices in the responsible service of alcoholic
beverages.
8.27.020. Responsible beverage service training required—Proof.
A. No on-sale alcohol outlet may serve, sell, or arrange delivery to a patron any
alcoholic beverages unless a manager, assistant manager or lead employee who has completed a
LEAD or RBS training course is on the premises.
B. No licensee, manager or server shall sell, serve or deliver to a patron any
alcoholic beverage unless he or she has completed LEAD or RBS training.
2014-05-27 Agenda Packet Page 141
Ordinance
Page 3
C. Each licensee, manager and server must complete training within six months
from the effective date of this chapter, start of employment, or from start of business, whichever
date is earliest.
D. Proof of completion for a LEAD or RBS training program will be considered
valid for a period of four years from the date of completion.
E. Licensees shall be responsible for ensuring that all managers and servers they
employ comply with this section.
F. Licensees shall maintain on the premises a file of proof of completion of the
LEAD or RBS training by the licensee, managers and servers that shall be available for
inspection by any peace officer or other enforcement officer during regular business hours. The
proof of completion shall include: (1) the effective date of hire; (2) course completion date; (3)
the name of the LEAD or RBS training completed; (4) a copy of each training certificate or
wallet card, or other written proof of completion; and (5) identifying information of the licensee,
managers and servers, including the name, address,phone number and California driver's license
number, if applicable.
G. Before a Licensee may be cited pursuant to Section 8.27.030 of this Chapter
for refusing to allow a peace officer or other enforcement officer to inspect proof of completion
records as required in Subsection F, the peace officer shall obtain a search warrant for the proof
of completion records from the San Diego Superior Court.
H. The city shall provide a summary of the requirements of this chapter together
with its penalties for violation prior to issuing a business license to all alcohol outlets, as defined
in this Chapter.
8.27.030. Violation—Penalty.
A. Violation of any provision of this chapter or failure to comply with any
requirement of this chapter is an infraction and shall be punishable in accordance with the
provisions of Chapter 1.20, General Penalty, of the Chula Vista Municipal Code, and other laws
applicable to infractions.
B. Nuisance. In addition to any other remedies provided in this chapter, any
condition caused or permitted to exist in violation of any of the provisions of this code shall be
deemed a public nuisance, and may be summarily abated as such pursuant to Chapter 1.30,
Abatement of Public Nuisance, of the Chula Vista Municipal Code.
C. Administrative Citation. In addition to any other remedies provided in this
chapter may be enforced by administrative action brought by the city pursuant to Chapter 1.41,
Administrative Procedure and Process, of the Chula Vista Municipal Code.
D. Business License Revocation. In addition to any other remedies provided in
this chapter, any violation of this chapter may be grounds for revocation of an existing business
license issued by the City of Chula Vista and/or denial of issuance of a future business license,
pursuant to Chapter 5.02, Business Licenses Generally.
2014-05-27 Agenda Packet Page 142
Ordinance
Page 4
Section IL Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented By: Approved as to form by:
David Bejarano Glen R. Googins
Chief of Police City Attorney
2014-05-27 Agenda Packet Page 143
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0269, Item#: 10.
PRESENTATION OF THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2014-15
ORGANIZED PRESENTATIONS BY BARGAINING UNITS:
■ Police Officers Association (POA)
■ International Association of Fire Fighters (IAFF)
■ Service Employees International Union (SEIU)/ Chula Vista Mid Managers/Professional
Association (MM/PROF)
■ Western Council of Engineers (WCE)
■ Service Employees International Union (SEIU)/ Chula Vista Employees Association (CVEA)
RECOMMENDED ACTION
Council/Agency/Authority hear the presentation, provide comments, and proposed changes. If
Council is prepared to approve the budget, with or without modifications, as the City Council
Proposed Budget, the City Council/Successor Agency/Housing Authority may adopt a resolution in
accordance with the heading set forth below:
RESOLUTION OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY/AND HOUSING AUTHORITY OF THE CITY OF CHULA
VISTA ACCEPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE
CITY OF CHULA VISTA FOR FISCAL YEAR 2014-15 AS THEIR PROPOSED BUDGETS,
RESPECTIVELY, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON
THE BUDGET AND THEIR FINAL CONSIDERATION AND BUDGET ADOPTION
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL/SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY/ AND
HOUSING AUTHORITY OF THE CITY OF CHULA VISTA
ACCEPTING THE OPERATING AND CAPITAL
IMPROVEMENT BUDGETS FOR THE CITY OF CHULA
VISTA FOR FISCAL YEAR 2014-15 AS THEIR PROPOSED
BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND
PLACE FOR A PUBLIC HEARING ON THE BUDGET AND
THEIR FINAL CONSIDERATION AND BUDGET ADOPTION
By minutes resolution, the City Council Successor Agency to the Redevelopment Agency
and Housing Authority accepted the City Manager's report, approved the City Manager's report,
approved the City Manager's proposed budgets as the City Council's proposed budget, and set
the public hearing on the budget for June 10, 2014.
Presented by Approved as to form by
Maria Kachadoorian Glen R. Googins
Director of Finance/Treasurer City Attorney
2014-05-27 Agenda Packet Page 145
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0327, Item#: 11.
RATIFICATION OF APPOINTMENT OF ROCHELLE CARROLL TO THE COMMISSION ON AGING
AND ROBERT ROSS TO THE CHARTER REVIEW COMMISSION
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Mayor and City Council
., City Of'Chula Vista
278 Fourth Avenue
Chula Vista.Ca 91910
CITY OF 619.691.5044—619.476.5379 Fax MEMO
CHULA VISTA
Tay 21, 2014
TO: Kerry Bigelow, Senior Deputy City Clerk
Sheree Kansas, Deputy City Clerk
CC: Jill Maland, Assistant City Attorney 6�
FROM: Jennifer Quijano, Constituent Services Manage
RE: Commission on Aging and Charter Review Commission
Mayor Cox would like to recommend Rochelle Carroll for appointment to the
Commission on Aging and Robert Ross for appointment to the Charte_ r Review
Commission. Rochelle will replace Anthony San Nicolas and Robert will replace
Maribel Larios.
Please place these items on the May 27, 2014 Council agenda for ratification and
schedule the oaths of office for the next available City Council meeting.
Thank you.
2014-05-27 Agenda Packet Page 147
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0314, Item#: 12.
DEPUTY MAYOR AGUILAR:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING STATE
ASSEMBLY BILL 2104 (GONZALEZ) IN ORDER TO ENHANCE HOMEOWNERS, RIGHTS TO
ALTER THEIR LANDSCAPING FOR BETTER WATER CONSERVATION
RECOMMENDED ACTION
Council adopt the resolution.
ATTACHMENTS
Resolution
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING STATE ASSEMBLY BILL 2104
(GONZALEZ) IN ORDER TO ENHANCE HOMEOWNERS'
RIGHTS TO ALTER THEIR LANDSCAPING FOR BETTER
WATER CONSERVATION
WHEREAS, California is faced with the enormous challenge of meeting the water needs
of a growing population with a limited supply of water; and
WHEREAS, in April 2013, Governor Brown issued an executive order to strengthen the
state's ability to manage water and habitat effectively in drought conditions and called on all
Californians to redouble their efforts to conserve water; and
WHEREAS, in January 2014, Governor Jerry Brown brought attention to the current
deteriorating situation and declared a drought emergency; and
WHEREAS, according to the California Department of Water Resource's 2013
California Water Pan Update, residential landscape water uses account for 35% of the statewide
urban water usage; and
WHEREAS, residents who belong to Homeowner's Associations (HOAs), estimated at
15-25% of California's population, are not always freely able to curb landscape water usage and
become more efficient by replacing their lush, water-intensive lawns with attractive, well-
designed, and water efficient landscaping because of HOA rules and penalties; and
WHEREAS, existing state regulations (Title 23 California Code of Regulation
492.6(a)(1)(G)), prevent HOAs from enforcing architectural guidelines that prohibit drought-
tolerant landscaping, but still leave some homeowners vulnerable to being penalized for
replacing existing turf with drought-tolerant landscaping, and
WHEREAS, Assembly Bill 2104 (Gonzalez) addresses this issue by ensuring that
homeowners living in common-interest developments will have the right to alter the landscaping
on their residential property to better conserve water without guidelines that prohibit, or have the
effect of prohibiting replacement of existing turf, and
WHEREAS, adopting Assembly Bill No. 2104 would also help water providers, from
cities to water districts, meet current state law requirements to come up with plans to cut back
during droughts and reduce water consumption by 20%by the year 2020.
2014-05-27 Agenda Packet Page 149
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it supports Assembly Bill No. 2104 and its provisions that strengthen an individual
homeowner's right to replace existing turf with drought-tolerant landscaping for better water
conservation, and urges the California State Legislature to expeditiously adopt Assembly Bill
2104.
BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this
resolution to Assembly Member Lorena Gonzalez, and to the Honorable members of the State
Assembly who represent the San Diego region, to show the City Council's support for AB 2104.
Presented by Approved as to form by
Patricia Aguilar Glen R. Googins
Councilmember City Attorney
2014-05-27 Agenda Packet Page 150
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0329, Item#: 13.
PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)
Title: City Manager
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. � s (�l� . 1�1a/'i�e`3- (�ieminP�fr
�«r�
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MEMO ���
CHULA VISfA
Office of the City Manager
DATE: May 27, 2014
TO: Honorable Mayor and City Council
FROM: James D. Sandoval, Ciry Manager
SUBJECT: Chula Vista Olympic Training Center
Introduction
The Chief Executive O�cer of The United States Olympic Committee (USOC), Mr. Scott
Biackman, recently informed us that (see attached letter) that they are changing their
operational model, shifting away from centralization of training and housing US Olympic
Athletes to one where the National Governing Board (NGB) for each sport (i.e., U.S.
Tennis) determines their individual training needs/budget. These individual NGB's would
determine where they train and how much financial assistance they need from the USOC.
If this change occurs as planned, the City of Chula Vista will have a strong voice in
determining the future sports oriented utilization of the property. (The City also has the
potential of owning the CVOTC property and improvements)
In considering this opportunity the City must evaluate the risks (the CVOTC currently
operates at an annual net loss) as well as the potential benefits. It is believed that under a
different model the Center could either turn a profit or at least break even. My o�ce has
begun discussions with the USOC management. We will thoroughly evaluate the i
property's potential economic viability under a number of alternatives including the
Olympic Training Site option. This evaluation will strongly take into account the areas of �
emphasis previously identified by the Mayor and City Council. These would include
utilizing the future sports facilities in such a manner as to be a major Economic Driver
(potentially in concert with our future University and Innovation Park), to help accelerate
Chula Vista's improving image and to potentially be a community recreational resource.
Backqround
The Chula Vista Olympic Training Center (CVOTC) opened in 1995. The land and facility
was a gift from the San Diego National Sports Training Foundation. The Center rests on
155 acres and has multiple sport venues and support facilities. In its status as an
Olympic Training Center it is home to some Olympic Sports and their National Governing
Bodies.
276 Fourth Avenue, Chula Vista, CA 91910 � www.chulavisWCa.gov � (619) 691503] � fax (619) 409-SSS4
The Honorable Mayor and City Council May 27, 2014
Chula Vista Olympic Training Center Page 2 of 2
The primary purpose of the CVOTC is to provide US athletes with elite training for their
sport development. The CVOTC fulfills this objective through the training they provide.
The CVOTC, however, was originally envisioned to be much more fully developed in
order to accommodate many more sports and to more regularly hold highly publicized
Olympic caliber competitions and to be a major attraction to the area.
The City must complete a comprehensive effort of due diligence before any decisions
regarding the land can be made. The USOC has offered their assistance through both
their headquarters in Colorado Springs and Chula Vista OTC Director Tracy Lamb. My
office has begun initial research and we are developing a process and work program for
determining and then fully vetting the various options. It is our goal to minimize any City
costs associated with this evaluation process, (including needed consultants).
Once we have completed a thorough evaluation and determined potential options they
will be brought to the City Council for discussion and direction. Please direct any
questions to me.
cc: Scott Blum, Chief Executive Officer, United States Olympic Committee
Rick Adams, Chief of Sports Operations, United States Olympic Committee
Tracy Lamb, Director, Chula Vista Olympic Training Center
Gary Halbert, Assistant City Manager
Kelley Bacon, Deputy City Manager
Amanda Mills, Assistant to the City Manager
Attachments: Scott Blackmun, May 22, 2014 letter
James D. Sandoval, May 27, 2014 letter
I
276 Fourth Avenue, Chula Vista, CA 91910 � www.chulavistaca.gov � (619) 691-503] � fax (619) 4095884
{
� UNRELI STATES
GLVMPIC COMMfTiEE
7 Oycnpk Plam
Cdoratlo Sping9.CO 80909
��
O�
Scott A. Blackmun
CEO
May 23, 2014
City of Chula �sta
Attn: James D. Sandoval, City Manager
276 Fourth Avenue
Chula Vista, CA 91910
Dear Jim:
The purpose of this letter is to let you knaw that the USOC would like to explore whether the �
City o(Chula Visla (°CV") would be interested in taking title to lhe Chula Vista Olympic Training
Center {"CVOTC") property and continuing operations there as an Official US Olympic Treining
Site.
In 2004, the USOC was restructured and our mission was narrowed to focus on sustained
compeb5ve excellence at the Olympic and Paralympic Games. All of our expenditures are
currently evaluated based upon whether and to what extent they contribute to that mission, and
we beGeve that it is possible that we could better deliver against our mission if a third party were
to take over responsibility for operations at the CVOTC.
It is very much our hope that we can work with you to preserve the great sport legacy created by
CV and the San Diego Sports Foundation. If CV were to take title to the property and take over
operations, you could make that legacy permanent.
We look forward to working with you to explore the feasibility of this proposal and ihank you for
your consideration.
Sincerely,
�� �`�
Scott A. Blackmun
. i ��I//
r.�.
_._._�
CHU�ITMA VISTA Office of the City Manager
May 27, 2014
Mr. Scott Blackmun, CEO
United States Olympic Committee
1 Olympic Plaza
Colorado Springs, CO 80909
Dear Scott:
I am in receipt of your letter dated May 22, 2014 regarding the direction of the United
States Olympic Committee in general and more specifically the Chula Vista Olympic
Training Center (CVOTC).
We are very interested in the City of Chula Vista potentially acquiring title to the land
and improvements at the current Chula Vista Olympic Training Center. The goal would
be to utilize and potentially improve the property in a cost effective manner that is •
beneficial to both the City and the USOC. It is important to continue the sports legacy
established at the CVOTC.
I understand from previous conversations with you and Chief of Sports Operations, Rick
Adams that this transition would occur over several years. ,
My office has already begun creating a work program which in collaboration with you
and the appropriate consultants would enable me to bring forward to the Chula Vista
City Council the best possible alternatives to meet our joint goals
We look forward to working closely with you and your staff on this endeavor.
Sincerely,
J mes D. Sandovai
ity Manager
cc: Honorable Mayor and City Council
Rick Adams, Chief of Sports Operations
Gary Halbert, Assistant City Manager
Kelley Bacon, Deputy Ciry Manager
Amanda Milis, Assistant to the City Manager
276 Fourth Avenuc, Chula Vista, CA 91910 I �vcvw.chulavistaca.gov I (619) 691-5031 I fax (619) 409-SSB�
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The item I would like to address the Council o� agenda item for the record.
� IS on the agenda. Item # OR IS NOT on the agenda
❑ I SUppOrt staffs recommendation (to be addressed during PUBLIC COMMENTS)
❑ I oppose staffs recommendation
The information you provide below is OPTIONAL.
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Please submit this request to the City Clerk prior to the meeting.
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